South Carolina Special Needs Trust Rules 2025 | ABLE + SNT Guide

You’re not alone in this. As a parent who’s navigated these waters for over 18 years with my autistic son, I know the fear that keeps you up at night — the worry that one wrong move could cost your child their benefits, their care, their future. Take a breath. You’ve found the right place, and South Carolina has real options to protect your family.

Here’s everything you need to know about Special Needs Trusts and ABLE accounts in South Carolina — no legal jargon, just clear answers from a parent who’s been there.

Quick Facts: South Carolina Special Needs Trust Rules (2025)

  • First-party Special Needs Trust allowed: Yes
  • Third-party Special Needs Trust allowed: Yes
  • Sole benefit rule: No
  • ABLE contribution limit (2025): $19,000/year
  • ABLE balance limit before SSI impact: $100,000
  • Medicaid payback required: First-party trust only (not third-party)
  • Age limit for first-party trust: Under 65 at creation
  • Disability onset for ABLE eligibility: Before age 26

What Are the SNT and ABLE Rules in South Carolina?

📜

Special Needs Trusts

  • First-Party SNT: Yes
  • Third-Party SNT: Yes
  • Sole Benefit Rule: No
💰

ABLE Account

📅

Age Limits

Under 65 for first-party; none for third-party

🏥

Medicaid Payback

Yes (first-party only)

Third-party SNTs avoid payback entirely

Official sources: South Carolina Medicaid · SSA Guide to Special Needs Trusts

What’s the Difference Between ABLE and SNT in South Carolina?

Here’s what most websites won’t tell you: ABLE and SNTs aren’t rivals — they’re teammates. Many South Carolina families use both for complete protection. ABLE handles the day-to-day ($19,000/year for therapy, equipment, activities), while an SNT protects larger amounts (inheritance, lawsuit settlements, gifts over $2,000).

💰 ABLE Account
Annual Limit $19,000 (2025)
Account Cap ~$100K (SSI-safe)
Setup Cost Free or low-cost
Who Opens Individual or rep
Age Requirement Onset before 26
Medicaid Payback Yes (at death)
Best For Day-to-day expenses
Tax Benefits Tax-free growth
📜 Special Needs Trust
Annual Limit No limit
Account Cap No limit
Setup Cost $2,000–$5,000+
Who Opens Parent, guardian, court
Age Requirement Under 65 (1st-party)
Medicaid Payback 1st-party: Yes
3rd-party: No
Best For Large assets, inheritance
Tax Benefits Trust income taxed
💡 South Carolina Pro Tip: Most families benefit from using BOTH. ABLE for quick access to $19,000/year (therapy, equipment, daily needs). Special Needs Trust for protecting larger amounts (inheritance, settlements, gifts over $2,000).

Do I Need an SNT, ABLE, or Both in South Carolina?

Answer 4 quick questions to get a personalized recommendation for your South Carolina family:

🧮 Do You Need a Special Needs Trust, ABLE Account, or Both?

Answer a few quick questions to get a personalized recommendation for South Carolina.

How Do I Get Started with SNT Planning in South Carolina?

📋 Free South Carolina Special Needs Planning Checklist

Get our comprehensive checklist covering Special Needs Trusts, ABLE accounts, benefit protection, and estate planning — customized for South Carolina rules.

What’s included:

  • ✓ South Carolina-specific Special Needs Trust requirements
  • ✓ ABLE account setup steps
  • ✓ Documents to gather before meeting an attorney
  • ✓ Benefit protection red flags
  • ✓ Questions to ask your attorney
  • ✓ Annual review checklist

📧 Get the free PDF checklist:

No spam. Just the checklist + occasional updates when South Carolina rules change.

What Mistakes Should South Carolina Families Avoid?

⚠️ Parent Traps to Avoid in South Carolina

From my 15+ years helping families (including my own):

  • South Carolina uses Palmetto ABLE — compare fees with other programs.
  • Not knowing SC Medicaid has specific SNT language requirements.
  • Thinking Charleston or Columbia attorneys know all of SC — regional differences exist.
  • Missing that South Carolina's lower cost of living can mean SNTs last longer.
  • Forgetting SC's growing population means Medicaid offices may be overwhelmed — plan ahead.

What Are My Next Steps?

✅ Your Next Steps to Protect Your Child

  1. Use the calculator above to see if you need an ABLE, SNT, or both.
  2. Download the free South Carolina Checklist to prepare for an attorney meeting.
  3. Open an ABLE account — takes 15 minutes, costs nothing, protects $19K immediately.
  4. Consult a South Carolina special needs attorney — free initial consultation available.

💡 Don’t wait. Every month without protection is a risk. I learned this the hard way.

How Do I Find a South Carolina Special Needs Attorney?

👨‍⚖️ Need a South Carolina Special Needs Attorney?

Get a free consultation with a verified special needs trust attorney in South Carolina. They understand the unique rules and can protect your child’s benefits.

  • ✓ Free initial consultation
  • ✓ Experienced in South Carolina Medicaid rules
  • ✓ Can set up Special Needs Trusts and coordinate with ABLE accounts
Find a South Carolina Attorney →

We only recommend attorneys we’d trust with our own family.

How Does South Carolina Compare to Other States?

🗺️ How South Carolina Compares to Nearby States

Neighboring states: Georgia, North Carolina

States with similar rules: North Carolina

States with different rules: Georgia

💡 Georgia enforces sole benefit; South Carolina does not.

Moving or have family in another state? Compare states side-by-side →

More Resources

📚 Complete ABLE vs SNT Guide — Deep dive into when to use each
📊 Compare South Carolina to Other States — See how rules differ
📋 Resource Hub — Checklists, calculators, and guides


Randy Smith - Special Needs Trust By State
Written by Randy Smith
Special needs dad from Tallahassee, Florida. 18+ years navigating Special Needs Trusts and ABLE accounts for his autistic son. Not a lawyer — just a parent who’s been where you are.

Last updated: December 2025. I review South Carolina rules quarterly and update this page whenever regulations change. Bookmark it.

Hey there! Ask me anything!