Commonwealth legislation

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

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

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What this does: This law sets a spending limit for "special disability trusts" — legal arrangements that let families set aside money to care for a loved one with severe disability without affecting the person’s Disability Support Pension.

The specific rule: These trusts must mainly pay for the beneficiary’s care and housing. However, they can also spend money on "other purposes" (things like holidays, specialist medical equipment, or recreation) provided those purchases are primarily for the beneficiary’s benefit. This determination caps that discretionary spending at $10,750 for the 2013‑2014 financial year.

Who it affects: Trustees managing special disability trusts and families who rely on these structures to provide for a family member with disability. If the trust spends more than this cap on discretionary items, Centrelink may treat the excess as an asset or income that reduces the beneficiary’s pension payments.

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Current sections

Direct links to the current provisions in Social Security (Special Disability Trust — Discretionary Spending) (DIICCSRTE) Determination 2013 (No. 1).

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

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

Social Security Act 1991

I, Mary-Anne Sakkara, General Manager, Tertiary Strategies and Income Support Branch, as a delegate of the Secretary of the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education, acting under subsection 1209RA (3) of the Social Security Act 1991, make this Determination.

Dated 20 June 2013

Mary-Anne Sakkara

General Manager, Tertiary Strategies and Income Support Branch
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

1 Name of Determination

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

2 Commencement

This Determination commences on 1 July 2013.

3 Revocation

4 The Social Security (Special Disability Trust — Discretionary Spending) (DIISRTE) Determination 2012 (F2012L01618), dated 23 July 2012, is revoked.

5 Definitions

In this Determination:

Act means the Social Security Act 1991.

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

6 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.

Source text

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

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

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

Social Security Act 1991

Dated 20 June 2013

Mary-Anne Sakkara

General Manager, Tertiary Strategies and Income Support Branch
Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education

1 Name of Determination

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

2 Commencement

This Determination commences on 1 July 2013.

3 Revocation

4 The Social Security (Special Disability Trust — Discretionary Spending) (DIISRTE) Determination 2012 (F2012L01618), dated 23 July 2012, is revoked.

5 Definitions

In this Determination:

Act means the Social Security Act 1991.

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

6 Discretionary spending for other purposes