Commonwealth legislation

Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

Collection

legislative instrument

Plain English Summary

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This determination sets a spending limit for Special Disability Trusts — legal arrangements that manage money and property for veterans with severe disabilities.

Normally, these trusts must be used strictly for the veteran's essential care and housing (the primary purpose). However, this instrument allows trustees to spend up to $10,500 in the 2012-2013 financial year on discretionary items — things like holidays, hobbies, entertainment, or personal goods — without the Department of Veterans' Affairs (DVA) treating that money as income or assets that could reduce the veteran's pension.

Who it affects:

Veterans who are beneficiaries of Special Disability Trusts
Family members or trustees managing these trusts

Why it matters: It provides a "safe harbour" amount. As long as discretionary spending stays under $10,500 for the year, the trustee doesn't need to worry about accidentally affecting the veteran's pension entitlements by paying for extras that improve quality of life.

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Current sections

Direct links to the current provisions in Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012.

Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012

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Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2012

Instrument 2012 No.R43

The Repatriation Commission, acting under subsection 52ZZZWEA(3) of the Veterans’ Entitlements Act 1986, makes this Determination.

Dated this 27th day of June 2012

Ian Campbell Shane Carmody

………………………………………………………………………………………

IAN CAMPBELL SHANE CARMODY
PSM

PRESIDENT DEPUTY PRESIDENT

1 Name of Determination

This Determination is the Veterans’ Entitlements (Special Disability

Trust — Discretionary Spending) Determination 2012.

2 Commencement

This Determination commences, or is taken to have commenced, on 1 July 2012.

3 Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

special disability trust has the meaning given by section 52ZZZW of the Act.

4 Revocation

The Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2011 is revoked on the commencement of this Determination.

5 Discretionary spending for other purposes

For subsection 52ZZZWEA(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 $10,500 for the 2012-2013 financial year.

Source text

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

1 Veterans’ Entitlements (Special Disability Trust - Discretionary Spending) Determination 2012