Commonwealth legislation

Social Security (Special Disability Trust - Discretionary Spending) (FaHCSIA) Determination 2013

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This Act has been repealed and is no longer in force. It is retained for historical reference.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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This Determination sets the annual spending cap for Special Disability Trusts (SDTs) on items that aren't strictly essential care or accommodation.

SDTs are trusts set up to help pay for the care and housing of a person with a severe disability (the principal beneficiary). Normally, these trusts have strict rules about what they can pay for.

This instrument allows trustees to spend up to $10,750 (for the 2013-2014 financial year) on "other purposes" — things like holidays, education, or household items that benefit the person with a disability but aren't the trust's main focus.

It revokes the previous year's Determination (which had a different dollar amount) and ensures the trust can maintain its special tax and social security benefits while having some flexibility for extra quality-of-life expenses.

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Direct links to the current provisions in Social Security (Special Disability Trust - Discretionary Spending) (FaHCSIA) Determination 2013.

Social Security (Special Disability Trust - Discretionary Spending) (FaHCSIA) Determination 2013

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Social Security (Special Disability Trust — Discretionary Spending) (FaHCSIA) Determination 2013

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 13 June 2013

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 2013.

2 Commencement

This Determination commences on 1 July 2013.

3 Revocation

The Social Security (Special Disability Trust ‑‑ Discretionary Spending) (FaHCSIA) 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.

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 2013