As used in this chapter, unless otherwise defined in the federal law or federal regulations, which federal definitions shall control:

(1) “Account” means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. An account may be established only for an eligible individual.

(2) “Account owner” means the designated beneficiary. A person with signature authority over the account (if other than the designated beneficiary) may neither have nor acquire any beneficial interest in the account and must administer the account for the designated beneficiary.

(3) “Board” shall mean the Plans Management Board pursuant to § 2722 of Title 29.

(4) “Designated beneficiary” means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. If the designated beneficiary is not able to exercise signature authority over his or her account or chooses to have an account established but not to exercise signature authority, references to the designated beneficiary include actions by the person with signature authority over the account.

(5) “Eligible individual” means a resident of any state who is:

a. Entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act (42 U.S.C. § 401 et seq. or § 1381 et seq.), where such blindness or disability occurred before the date on which the individual attained the age specified in the federal ABLE Act; or

b. An individual with respect to whom a disability certification, meeting the requirements of the federal ABLE Act, is filed.

(6) “Federal ABLE Act” means the Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295, 128 Stat. 4010, and includes subsequent amendments to that act, as well as regulations promulgated thereunder by the United States Secretary of the Treasury.

(7) “Program” means the Delaware Achieving a Better Life Experience Program established by this chapter.

(8) “Qualified disability expenses” means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year.

80 Del. Laws, c. 34, § ?1; 70 Del. Laws, c. 186, § ?1; 80 Del. Laws, c. 295, § ?2; 83 Del. Laws, c. 293, § 1;

Terms Used In Delaware Code Title 16 Sec. 9602A

  • Account: means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. See Delaware Code Title 16 Sec. 9602A
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: shall mean the Plans Management Board pursuant to § 2722 of Title 29. See Delaware Code Title 16 Sec. 9602A
  • Designated beneficiary: means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. See Delaware Code Title 16 Sec. 9602A
  • Eligible individual: means a resident of any state who is:

    a. See Delaware Code Title 16 Sec. 9602A

  • Program: means the Delaware Achieving a Better Life Experience Program established by this chapter. See Delaware Code Title 16 Sec. 9602A
  • Qualified disability expenses: means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year. See Delaware Code Title 16 Sec. 9602A
  • Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302