TITLE 56

PUBLIC ASSISTANCE AND WELFARE

CHAPTER 7

RIGHTS OF INDIVIDUALS WITH DISABILITIES

56-708.  able accounts. (1) Findings and intent. The federal achieving a better life experience (ABLE) act, public law 113-295, 26 U.S.C. 529A, provides that a state may establish a program under which certain individuals with disabilities may open accounts in order to save money to pay for qualified disability expenses, such as expenses relating to education, housing, transportation, employment training and assistive technology. These accounts may be opened by qualified Idahoans in any state having an ABLE account program and are to be disregarded when determining an individual’s eligibility for assistance programs established by federal law, including medicaid and supplemental security income. The legislature finds that ABLE accounts promote dignified personal independence and opportunities for individuals with disabilities. It is therefore the intent of the legislature to:

(a)  Create an Idaho ABLE account program by allowing the Idaho state treasurer to enter into an agreement with a national consortium of ABLE accounts;

(b)  Protect the eligibility of individuals who have an ABLE account when applying for state or local assistance; and

(c)  Provide technical assistance to Idahoans interested in opening an Idaho ABLE account.

(2)  Eligibility. Notwithstanding any provision of state law or local ordinance to the contrary, if an applicant for a state or local assistance program or a need-based state or local grant has an ABLE account, the account and any activity related thereto shall be disregarded when determining the applicant’s eligibility for the assistance program or grant to the extent that the account and any activity related thereto would be disregarded in determining the applicant’s eligibility for an assistance program established by federal law.

(3)  Technical assistance and financial literacy outreach. Subject to appropriation, there is hereby established in the Idaho state independent living council a function to provide individuals with disabilities and those assisting them with technical assistance related to the Idaho ABLE account program for eligible participants. The Idaho state treasurer shall include the ABLE account program in financial literacy outreach efforts, and the Idaho state independent living council shall also provide financial literacy outreach for the Idaho ABLE account program.

History:

[56-708, added 2017, ch. 65, sec. 1, p. 154; am. 2025, ch. 35, sec. 1, p. 172.]