{"id":"F2012L01437","name":"Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012","slug":"veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":89454,"registerId":"commonwealth-F2012L01437-current","compilationNumber":null,"startDate":"2026-04-02","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012","content":"![](image.001.png)\n\nVeterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2012\n\nInstrument 2012 No.R43\n\nThe Repatriation Commission, acting under subsection 52ZZZWEA(3) of the Veterans’ Entitlements Act 1986, makes this Determination.\n\nDated this 27th day of June 2012\n\nIan Campbell Shane Carmody\n\n………………………………………………………………………………………\n\n    IAN CAMPBELL SHANE CARMODY\n    PSM\n\nPRESIDENT DEPUTY PRESIDENT\n\n1 Name of Determination\n\nThis Determination is the Veterans’ Entitlements (Special Disability\n\nTrust — Discretionary Spending) Determination 2012.\n\n2 Commencement\n\nThis Determination commences, or is taken to have commenced, on 1 July 2012.\n\n3 Definitions\n\nIn this Determination:\n\nAct means the Veterans’ Entitlements Act 1986.\n\nspecial disability trust has the meaning given by section 52ZZZW of the Act.\n\n4 Revocation\n\nThe Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2011 is revoked on the commencement of this Determination.\n\n5 Discretionary spending for other purposes\n\nFor subsection 52ZZZWEA(3) of the Act, the maximum value of income and assets that can be applied by a special disability trust for other purposes that are primarily for the benefit of the principal beneficiary (other than purposes that are the primary purpose of the special disability trust) is $10,500 for the 2012-2013 financial year.","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1906},"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is an annual administrative update that performs exactly the function delegated by the parent Act (section 52ZZZWEA(3)). It simply replaces the 2011 threshold with the 2012-2013 figure ($10,500), maintaining the same scope and purpose."},"complexity_factors":["Only 5 sections total with minimal text","Single operative provision setting a specific dollar amount ($10,500)","Only 2 defined terms (Act and special disability trust)","No conditional logic, exceptions, or procedural requirements","Straightforward revocation and replacement of the previous year's determination"],"plain_english_summary":"This determination sets a spending limit for **Special Disability Trusts** — legal arrangements that manage money and property for veterans with severe disabilities.\n\nNormally, these trusts must be used strictly for the veteran's essential care and housing (the *primary purpose*). However, this instrument allows trustees to spend up to **$10,500** in the 2012-2013 financial year on **discretionary items** — things like holidays, hobbies, entertainment, or personal goods — without the Department of Veterans' Affairs (DVA) treating that money as income or assets that could reduce the veteran's pension.\n\n**Who it affects:**\n- Veterans who are beneficiaries of Special Disability Trusts\n- Family members or trustees managing these trusts\n\n**Why it matters:**\nIt provides a \"safe harbour\" amount. As long as discretionary spending stays under $10,500 for the year, the trustee doesn't need to worry about accidentally affecting the veteran's pension entitlements by paying for extras that improve quality of life."}},"importantCases":[],"_links":{"self":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012","history":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012/history","analysis":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012/analysis","conflicts":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012/conflicts","importantCases":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012/important-cases","documents":"/api/acts/veterans-entitlements-special-disability-trust-discretionary-spending-determination-2012/documents"}}