The eligibility age moved. Original section 529A required the disability to have begun before age 26. The SECURE 2.0 Act raised the threshold to age 46, effective for tax years beginning after December 31, 2025. The Treasury regulation at 26 CFR 1.529A-1 has not yet been updated to reflect the change, which is a common lag between statute and regulation and is not evidence that the change is not in effect. The statute governs.
The annual contribution limit is now separate from the gift-tax annual exclusion. For years before 2026 the ABLE annual limit was set equal to the gift-tax annual exclusion, which is why writers still describe them as "the same." The One Big Beautiful Bill Act rebased the ABLE indexing so the two figures now diverge. For 2026 the ABLE standard annual limit is $20,000, sourced from all contributors combined, while the gift-tax annual exclusion is $19,000. State ABLE programs impose their own overall balance ceilings that vary by program.
ABLE to Work lets an employed beneficiary contribute more. A beneficiary who works and is not participating in an employer retirement plan may contribute additional earnings from their own employment on top of the standard annual limit, up to the lesser of the beneficiary's compensation or a federal poverty guideline figure that is state-adjusted for Alaska and Hawaii. The 2025 tax law made the ABLE to Work provision permanent, which is a change from its earlier sunset date. The account owner making an ABLE to Work contribution certifies eligibility to the plan and separately qualifies for the Saver's Credit for ABLE contributions.
Public-benefits interaction is the reason most accounts exist. For Supplemental Security Income, an ABLE account balance is disregarded for asset-limit purposes up to $100,000; balances above that suspend the SSI cash payment but do not affect Medicaid eligibility on this same account. For Medicaid, an ABLE account is generally disregarded as a resource without a dollar cap in most states, and distributions from the account are not counted as income if they are held or spent on qualified disability expenses. There are state-level variations, especially in states that have imposed their own Medicaid rules, so the specific treatment should be confirmed for the beneficiary's state of residence.
The Medicaid estate-recovery provision has state variation that is easy to miss. Section 529A(f) authorizes states to seek reimbursement for Medicaid expenditures made on the beneficiary's behalf against any ABLE-account balance at the beneficiary's death. Some states have opted out of pursuing recovery against ABLE balances entirely. The recovery risk is the largest reason families draw the account down during the beneficiary's lifetime rather than saving toward a large legacy.
529-to-ABLE rollovers are permanent under the 2025 tax law. A rollover from a section 529 education account to an ABLE account for the same beneficiary or a family member, which had been scheduled to expire, was made permanent by the One Big Beautiful Bill Act. Rollovers count against the ABLE annual contribution limit rather than against a separate ceiling.
The Saver's Credit for ABLE contributions was also made permanent. A qualifying ABLE beneficiary who makes their own contributions and meets the income limits can claim the Saver's Credit against those contributions. Under the 2025 tax law the general Saver's Credit sunsets in 2027 in favor of the Saver's Match, but the ABLE-specific version of the Saver's Credit continues.