Families, Community Services and Indigenous Affairs and Other Legislation (2006 Budget and Other Measures) Act 2006
1209NTrust purpose requirements
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1209N Trust purpose requirements
Sole purpose—care and accommodation for principal beneficiary
(1) Subject to this section, the sole purpose of the trust during the lifetime of the principal beneficiary, as provided by the trust deed for the trust, must be to meet reasonable care and accommodation needs of the beneficiary.
Note: The provision of care and accommodation for the principal beneficiary is also dealt with at section 1209R.
(2) The trust may have purposes, ancillary to the purpose mentioned in subsection (1), that are necessary or desirable to facilitate the achievement of that purpose.
Reasonable care and accommodation needs
(3) If guidelines are made under subsection (4), for the purposes of this section the reasonable care and accommodation needs of a principal beneficiary of a special disability trust must be decided in accordance with the guidelines.
(4) The Secretary may, by legislative instrument, make guidelines for deciding what are, and what are not, reasonable care and accommodation needs for principal beneficiaries of special disability trusts.