Commonwealth legislation

Social Security (Special Disability Trust – Discretionary Spending) (FaHCSIA) Determination 2011

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This Act has been repealed and is no longer in force. It is retained for historical reference.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

Plain English Summary

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This rule sets spending limits for special disability trusts — legal arrangements that pay for the care and housing of people with severe disabilities.

Normally, these trusts must focus on basic care and accommodation costs. This determination creates an exception allowing trusts to spend money on 'other purposes' (things like holidays, hobbies, or personal items that improve the beneficiary's quality of life) without risking the person's Centrelink payments.

The spending caps are:

$10,000 for the 2010-2011 financial year
$10,250 for the 2011-2012 financial year

Who it affects: Trustees managing special disability trusts and people with disabilities who receive benefits from them.

Why it matters: It provides a 'safe harbour' — trustees can pay for extras that benefit the disabled person, but only up to these annual limits. Go over the cap, and the beneficiary might lose pension or benefit payments.

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Current sections

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

Social Security (Special Disability Trust – Discretionary Spending) (FaHCSIA) Determination 2011

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

Social Security Act 1991

I, FINN PRATT, Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs, acting under subsection 1209RA (3) of the Social Security Act 1991 make this Determination.

Dated 16 June 2011

Finn Pratt

Secretary of the Department of Families, Housing, Community Services and Indigenous Affairs

1 Name of Determination

This Determination is the Social Security (Special Disability Trust ‑‑ Discretionary Spending) (FaHCSIA) Determination 2011.

2 Commencement

This Determination 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) (FaHCSIA) Determination 2011