{"id":"F2025L00593","name":"Social Security (Special Disability Trust – Discretionary Spending) Determination 2025","slug":"social-security-special-disability-trust-discretionary-spending-determination-2025","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442834,"registerId":"F2025L00593-fast-fetch-1775957762561","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Social Security (Special Disability Trust – Discretionary Spending) Determination 2025","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-keywords: \"[SEC=OFFICIAL]\"\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nSocial Security (Special Disability Trust – Discretionary Spending) Determination 2025\n\nI, Gillian Beer, delegate of the Secretary of the Department of Social Services, make the following determination.\n\nDated 20.05.2025 \n\n \n\nGillian Beer\n\nBranch Manager\n\nPayment Structures and Seniors Branch\n\nDelegate of the Secretary of the Department of Social Services\n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\n6  Trust expenditure requirements...................................2\n\nSchedule 1—Repeals 3\n\nSocial Security (Special Disability Trust - Discretionary Spending) Determination 2024 3\n\n \n\n \n\n1  Name\n\n  This instrument is the Social Security (Special Disability Trust – Discretionary Spending) Determination 2025.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2025\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under subsection 1209RA(3) of the Social Security Act 1991.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in definitions section of the Act, including the following:\n\n1.      principal beneficiary; and\n2.      special disability trust.\n\n\n  In this instrument:\n\nAct means the Social Security Act 1991. \n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Trust expenditure requirements\n\nFor subsection 1209RA(3) of the Act, the amount of $14,750 is determined to be the total value of income and assets of a special disability trust that may be applied for the 2025-2026 financial year for purposes, other than the primary purpose described in subsection 1209N(1) of the Act, that are primarily for the benefit of the principal beneficiary of the trust.\n\n\n\n\nSchedule 1—Repeals\n\nSocial Security (Special Disability Trust - Discretionary Spending) Determination 2024\n\n1  The whole of the instrument\n\nRepeal the instrument\n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains its original narrow purpose: setting the annual discretionary spending threshold for Special Disability Trusts. It is an annual update instrument, replacing the 2024 version with identical structure and scope."},"complexity_factors":["Very short instrument (6 sections plus 1 schedule)","Only 1 defined term ('Act') in the interpretation section","Single operative provision (section 6) with straightforward numerical determination","No nested exceptions or conditional logic","Simple repeal mechanism in Schedule 1","Heavily dependent on external context (requires knowledge of Social Security Act 1991, sections 1209N and 1209RA, and the concept of Special Disability Trusts)"],"plain_english_summary":"This instrument sets the annual discretionary spending cap for Special Disability Trusts at $14,750 for the 2025–26 financial year and repeals the 2024 determination. It affects people with severe disability who are principal beneficiaries, the family members or carers who manage these trusts, and Centrelink’s income tests. The change slightly increases allowable “extras” spending while preserving rules that protect pension integrity."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument does not expand or narrow who may use special disability trusts; it replaces the prior year’s determination with an updated monetary cap for 2025–26 (see s 6 and Schedule 1). Functionally, it maintains the existing regime’s scope and mechanics and only updates the allowable discretionary spending amount and commencement (s 2)."},"complexity_factors":["Single numeric determination that sets a yearly cap (instrument, s 6) — straightforward drafting and limited legal change.","Reliance on cross‑references to the Social Security Act for key terms and purposes (instrument, ss 3–4; refers to ss 1209RA(3) and 1209N(1)) — interpretive dependence on the Act.","Temporal limitation and clear commencement date (instrument, s 2) reduces ongoing complexity but requires annual updating.","Repeal of prior instrument (Schedule 1) — administrative continuity rather than substantive reform.","Made by an administrative delegate (signature block and s 3) — procedural discretion limited to setting the amount.","Practical compliance requires trustees and advisers to apply Act definitions and existing means‑test rules when calculating allowable discretionary spending (implicit from cross‑references)."],"plain_english_summary":"This instrument fixes the amount a special disability trust may use in 2025–26 for purposes other than the trust’s primary purpose at $14,750. It is made under subsection 1209RA(3) of the Social Security Act 1991 and begins 1 July 2025.\n\nThe change directly affects trustees, principal beneficiaries and their advisers by capping discretionary spending from special disability trusts for that financial year and repeals the 2024 determination, replacing it with this updated annual figure."}},"importantCases":[],"_links":{"self":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025","history":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025/history","analysis":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025/analysis","conflicts":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025/conflicts","importantCases":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025/important-cases","documents":"/api/acts/social-security-special-disability-trust-discretionary-spending-determination-2025/documents"}}