Commonwealth legislation

Social Security (Special Disability Trust - Discretionary Spending) (DEEWR) Determination 2011

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

This Determination lets trustees of Special Disability Trusts spend a limited amount on non‑essential, quality‑of‑life items without affecting the beneficiary’s disability pension. It sets caps of $10,000 for 2010–11 and $10,250 for 2011–12. The change gives families modest discretionary flexibility while ensuring excess non‑essential spending can still reduce or cancel pension entitlements.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Social Security (Special Disability Trust - Discretionary Spending) (DEEWR) Determination 2011.

Social Security (Special Disability Trust - Discretionary Spending) (DEEWR) Determination 2011

View image in the official source

Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2011

Social Security Act 1991

I, LISA MARIAN PAUL, Secretary of the Department of Education, Employment and Workplace Relations, make this instrument under subsection 1209RA(3) of the Social Security Act 1991.

Dated 6 July 2011

LISA PAUL

Secretary of the Department of Education, Employment and Workplace Relations

1 Name of Determination

This Determination is the Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2011.

2 Commencement

This instrument is taken to have commenced on 1 January 2011.

3 Definitions

In this Determination:

Act means the Social Security Act 1991.

special disability trust has the meaning given by section 1209L of the Act.

4 Discretionary spending for other purposes

For subsection 1209RA(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:

(a) $10,000 for the 2010-2011 financial year; and

(b) $10,250 for the 2011-2012 financial year.

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Social Security (Special Disability Trust - Discretionary Spending) (DEEWR) Determination 2011