Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

This Act has been repealed and is no longer in force. It is retained for historical reference.

This Determination sets an annual spending cap for Special Disability Trusts (SDTs).

What it does:

SDTs are legal structures that hold money and assets to pay for the care and accommodation of a person with severe disability (the "principal beneficiary").
While these trusts mainly cover essentials like housing and medical costs, they can also spend money on "other purposes" — discretionary items like holidays, hobbies, or personal goods that improve the beneficiary's quality of life.
This rule sets the maximum amount a trust can spend on those discretionary items during the 2013-2014 financial year: $10,750.

Why it matters: If a trust spends more than this cap on non-essential benefits, the excess could count as income or assets under Centrelink rules, potentially reducing the beneficiary's disability pension or other social security payments. This instrument simply updates the previous year's figure to maintain the protection for beneficiaries.

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Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

Social Security Act 1991

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

Dated 22 June 2013

LISA MARIAN PAUL AO PSM

Secretary

Department of Education, Employment and Workplace Relations

1 Name of Determination

This Determination is the Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1).

2 Commencement

This Determination commences on 1 July 2013.

3 Revocation

The Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2012 is revoked.

4 Definitions

In this Determination:

Act means the Social Security Act 1991.

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

5 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 $10,750 for the 2013-2014 financial year.

1 Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

Social Security Act 1991

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

Dated 22 June 2013

LISA MARIAN PAUL AO PSM

Secretary

Department of Education, Employment and Workplace Relations

1 Name of Determination

This Determination is the Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1).

2 Commencement

This Determination commences on 1 July 2013.

3 Revocation

The Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2012 is revoked.

4 Definitions

In this Determination:

Act means the Social Security Act 1991.

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

5 Discretionary spending for other purposes

Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

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Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)

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1 Social Security (Special Disability Trust — Discretionary Spending) (DEEWR) Determination 2013 (No. 1)