Definitions.

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As used in this chapter:

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

(2) “Account owner” means an eligible individual, or if the eligible individual is under 18 years of age or is incapacitated, a parent or legal guardian of the eligible individual.

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

(4) “Designated beneficiary” means, with respect to an account or accounts, the eligible individual whose qualified disability expenses are expected to be paid from 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 related to the eligible individual's blindness or disability which are made for the benefit of an eligible individual who is the designated beneficiary, including the following expenses:

education, housing, transportation, employment training and support, assistive technology and personal support services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for oversight and monitoring, funeral and burial expenses, and other expenses, which are approved by the federal regulations.


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