13Other purposes that are not expenditure for the primary benefit of the principal beneficiary

13 Other purposes that are not expenditure for the primary benefit of the principal beneficiary

In deciding that purposes, other than purposes relating to expenditure by a special disability trust, are not other purposes that are primarily for the benefit of the principal beneficiary of the special disability trust, consideration must be given to whether the expenses: (a) are for payment to, or on behalf of, a person who is an immediate family member of the principal beneficiary; or (b) are for payment to a carer for purposes except for: (i) the reasonable care needs of the principal beneficiary; or (ii) other purposes primarily for the benefit of the principal beneficiary as provided by section 12.

Note: The maximum amount that may be spent in a particular financial year for purposes, other than the primary purpose of a special disability trust, that are primarily for the benefit of the principal beneficiary, as provided by paragraph 12(b), is as determined by the Secretary in the legislative instrument made under subsection 1209RA(3) of the Act.