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Eligibility

A person is eligible (an “Eligible Individual”) to open an Account if he or she meets the following four requirements:

  1. The person is a Texas resident.
  2. The person can establish that he or she has a disability through one of the following ways:
    • SSI or SSDI Eligibility – The Social Security Administration has determined that the person is eligible to receive Supplemental Security Income (SSI) or Social Security Disability Insurance (SSDI), and he or she is still eligible to receive SSI or SSDI when he or she opens the account.
    • OR Physician’s Diagnosis – A licensed physician has provided a written diagnosis that the person is either:
      a) blind (within the meaning of the Social Security Act),
      or (b) has a medically determinable physical or mental impairment that results in marked and severe limitations, and which can either be expected to result in death, or has lasted or is expected to last at least 12 months.
      (Note: individuals do not have to provide us with a copy of the diagnosis during enrollment, but a copy of the diagnosis must be available upon request)
    • OR Compassionate Allowances Conditions – The person has a condition listed on the Social Security Administration’s list of Compassionate Allowances Conditions.
  3. The person’s disability was present before age 26.
  4. The person must have no other active ABLE account in their name except for during a Rollover or Program-to-Program Transfer process.

The Designated Beneficiary is the person for whom the Account is established. The Designated Beneficiary is the owner of the Account. The Program will require that the Designated Beneficiary, or their Authorized Legal Representative if applicable, to certify, under penalty of perjury, that the Designated Beneficiary meets the requirements listed above.

The Designated Beneficiary also must agree to keep any documents supporting his or her eligibility (such as the Social Security Administration’s SSI or SSDI awards letter or a physician’s written diagnosis), and, if the Program requests copies of these documents, to provide them within 30 days. If a Designated Beneficiary does not provide requested documentation within 30 days, the Program may suspend or close the Account.

If you establish an Account as an Authorized Legal Representative on behalf of a Designated Beneficiary, you also must agree to keep any documents demonstrating your status as an Authorized Legal Representative for the Designated Beneficiary in the event the Program requests copies of these documents. A Social Security Representative Payee will not be permitted to open an Account on behalf of a Designated Beneficiary unless the Representative Payee otherwise meets the requirements of an Authorized Legal Representative (such as a power of attorney, legal guardian, or parent).

The Application requires you to provide the Program with certain information, including your eligibility to open an Account, the Investment Options in which you would like to invest contributions, your name, address, date of birth, Social Security Number, and any other information the Program requests to identify you. Until you provide the information needed, you will not be able to transact on the Account.

If the Designated Beneficiary ceases to be an Eligible Individual, beginning on the first day of the Designated Beneficiary’s first taxable year for which the Designated Beneficiary does not satisfy the definition of an Eligible Individual, additional contributions to the Account will not be accepted by the Program, provided the Program has notice of such ineligibility. It is the responsibility of the Designated Beneficiary or their Authorized Legal Representative, if applicable, to notify the Program of any change in eligibility. Additionally, during the time the Designated Beneficiary is not an Eligible Individual, none of the Designated Beneficiary’s expenses will be considered Qualified Disability Expenses. You should carefully read the Responsibility to Notify Program of Changes in Eligibility section and Summary of Federal and Texas Tax Considerations section of the Program Disclosure Statement for more information.

Eligibility Wizard

Use this easy tool to determine if you are eligible to open an Account.

Begin Eligibility Quiz

Who Can Open the Account?

An Eligible Individual who is at least 18 years of age can open and manage his or her own Account. If the Eligible Individual is under the age of 18 or is not able to exercise signature authority over an Account, or chooses to establish an Account but not exercise signature authority, an Authorized Legal Representative may act on his or her behalf with respect to opening and managing the Account. The Authorized Legal Representative must be a parent, legal guardian, or other fiduciary (for example, a trustee or an agent acting under a power of attorney (“POA”) for the Designated Beneficiary) authorized by law to act on behalf of the Eligible Individual.

See the FAQs for more information about establishing an account as an Authorized Legal Representative.

Who Owns the Account?

The Designated Beneficiary is the owner of the Account, regardless of whether there is a named Authorized Legal Representative. An Account may have only one owner. If an Authorized Legal Representative has been named on an Account, he or she may neither have, nor acquire, any beneficial interest in the Account during the Designated Beneficiary’s lifetime and must administer the Account for the exclusive benefit of the Designated Beneficiary. Generally, contributions by anyone other than the Designated Beneficiary made to an Account become the property of the Designated Beneficiary.

One Account Rule

No Designated Beneficiary may have more than one ABLE account in existence at the same time (the “One Account Rule”) except with respect to pending Rollovers and Program-to-Program Transfers. A prior ABLE account that has been closed with a zero balance does not prohibit the subsequent creation of another ABLE account for the same Designated Beneficiary.

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