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20 TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 20330.2.1.2 ABLE Account Verification When documenting whether an applicant is the designated beneficiary of an ABLE account, obtain evidence that contains the following information: 20330.2.1.2.1 The name of the designated beneficiary; 20330.2.1.2.2 The State or consortium ABLE program that is administering the account; 20330.2.1.2.3 The name of the person who has signature authority (if different from the designated beneficiary); 20330.2.1.2.4 The unique account number assigned by the State to the ABLE account; 20330.2.1.2.5 The account opened date; and 20330.2.1.2.6 The first-of-the-month account balance or information sufficient to derive a first-of-the-month balance. If the available evidence does not provide this information, contact the appropriate ABLE program to obtain it. 20 DE Reg. 283 (10/01/16) 20330.2.1.3 ABLE Account Contributions ABLE account funds must be excluded from the countable resource computation when determining the designated beneficiary’s eligibility. This includes rollovers from a family member’s ABLE account to a recipient’s ABLE account. Contributions made to an ABLE account by persons other than the designated beneficiary shall not be excluded from the countable income of the person who makes the contribution. The fact that a person uses the person’s own income to contribute to an ABLE account does not mean that income is not countable for Medicaid purposes. 20 DE Reg. 283 (10/01/16) 20330.2.1.4 ABLE Account Earnings The funds in an ABLE account are invested and can accrue interest, earn dividends, and otherwise appreciate in value. Such earnings increase the account’s balance. Exclude any earnings an ABLE account receives from the countable resource computation when determining the designated beneficiary’s eligibility. 20330.2.1.5 ABLE Account Balance Exclude the balance of a designated beneficiary’s ABLE account from the beneficiary’s countable resource computation when determining the designated beneficiary’s eligibility. 20 DE Reg. 283 (10/01/16) 20330.2.1.6 ABLE Account Distributions A distribution from an ABLE account is not considered income but rather a conversion of a resource from one form to another. Distributions are evaluated based on the criteria below, to determine if they are to be excluded from the designated beneficiary’s countable resources. 20 DE Reg. 283 (10/01/16) 20330.2.1.6.1 Exclusion of Retained Distributions for Non-Housing Qualified Disability Expenses (QDE) Distributions for QDEs not related to housing should be excluded as a resource if retained beyond the month received. This exclusion applies for as long as: 20330.2.1.6.1.1 The designated beneficiary maintains, makes contributions to, or receives distributions from the ABLE account. 20330.2.1.6.1.2 The distribution is unspent; and 20330.2.1.6.1.3 The distribution is identifiable. (NOTE: Excludable funds commingled with non-excludable funds must be identifiable in order to be excluded.) 20 DE Reg. 283 (10/01/16) 20330.2.1.6.2 Retained Distributions for Housing-Related Qualified Disability Expenses (QDE) or Expenses That Are Not QDEs Distributions from a designated beneficiary’s ABLE account for housing-related QDEs or for expenses that are not QDEs that are retained into the month following the month of receipt are countable as a resource. If the distribution is spent within the month of receipt it has no effect on eligibility. 20 DE Reg. 283 (10/01/16) 20330.3 Promissory Notes, Loans and Property Agreements A loan is an advance from a lender to a borrower that the borrower must repay, with or without interest. DMMA does not count loan proceeds as income to a borrower because of the borrower's obligation to repay. Any portion of the borrowed funds that the borrower does not spend is a countable resource if it is retained into the month following the month of receipt.