The Illinois Achieving a Better Life Experience (ABLE) program will significantly expand eligibility criteria as of January 1, 2026. Individuals previously had to have developed a diagnosed disability before the age of 26 to qualify to open an ABLE account. However, after January 1, 2026, individuals who have a diagnosed disability before age 46 will be able to open an ABLE account. This change in age eligibility will substantially broaden access to savings and investment accounts for individuals with disabilities.

Any qualified U.S. citizen or legal resident may open an IL ABLE account, no matter where they live. The only eligibility requirements are the following:

  • Onset of a diagnosed disability occurred before the age of 46 (as of January 1, 2026); AND
  • At least one of the following is true:
    • The individual is receiving Social Security Disability Insurance (SSDI);
    • The individual is receiving or is entitled to receive Supplemental Security Income (SSI);
    • The individual certifies that he or she has a condition on the Social Security Administration’s List of Compassionate Allowances Conditions that produced marked and severe functional limitations before age 46 (as of January 1, 2026);
    • The individual certifies that he or she is:
      • Blind; OR
      • Has a medically determinable physical or mental impairment that:
        • Results in marked and severe functional limitations;
        • Can be expected to result in death; OR
        • Has lasted, or can be expected to last, for a continuous period of at least 12 months, as diagnosed in writing by a physician.

An individual need not have proof of eligibility to open an ABLE account. Eligible individuals need only self-certify during enrollment. Otherwise, an authorized individual must certify on behalf of the eligible individual and recertify annually. However, the eligible individual should keep on file a written diagnosis from a licensed physician, a benefits verification letter, or other relevant documents.

Frequently Asked Questions

What types of expenses can Illinois ABLE account funds be used for?

Illinois ABLE account funds can be used for “Qualified Disability Expenses,” which include a wide range of costs that improve health, independence, and quality of life. Examples include housing, education, transportation, assistive technology, employment training, and funeral and burial expenses. Withdrawals for these qualified expenses are tax-free.

How do Illinois ABLE accounts affect eligibility for federal benefits like SSI or Medicaid?

Savings held in an Illinois ABLE account generally do not count against eligibility for means-tested federal benefits. For example, up to $100,000 in an ABLE account is excluded from the SSI resource limit. Medicaid eligibility is not affected by the account balance, and state law does not allow the Illinois state Medicaid agency to recover benefit payments from an Illinois ABLE account if the account owner passes away in many cases. However, the federal government may possibly require such a recovery now or in the future.

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Rubin Law is the only Illinois law firm to dedicate itself exclusively to providing compassionate legal services for children and adults with special needs. We offer unique legal and future planning techniques to meet your family’s individual needs.

Call us today at 866-TO-RUBIN or email us at email@rubinlaw.com to learn more about the services we can offer you and your family.

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