Commonwealth legislation

Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2018

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This Act has been repealed and is no longer in force. It is retained for historical reference.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 hold money and assets to support severely disabled veterans (known as the "principal beneficiary").

Normally, these trusts must use funds strictly for essential care, medical treatment, and housing. However, the law allows trusts to spend a limited amount on "other purposes" — discretionary items like holidays, hobbies, or entertainment that improve the veteran's quality of life but aren't strictly necessary medical expenses.

What this does:

Caps this discretionary spending at $12,000 for the 2018-19 financial year
The spending must still be "primarily for the benefit" of the disabled veteran
Replaces the previous year's determination to update the annual limit

Who it affects: Families, carers, and trustees managing special disability trusts for veterans under the Veterans' Entitlements Act 1986.

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Current sections

Direct links to the current provisions in Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2018.

Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2018

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Repatriation Commission

Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2018

Instrument 2018 No. R73

I, Emma Bowe, delegate of the Repatriation Commission, make this determination under subsection 52ZZZWEA(3) of the Veterans’ Entitlements Act 1986.

Dated this 4th day of June 2018

Emma Bowe

……………………………………………………

EMMA BOWE

1 Name

This Determination is the Veterans’ Entitlements (Special Disability

Trust — Discretionary Spending) Determination 2018.

2 Commencement

This Determination commences on 1 July 2018.

3 Revocation

The Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2017 is revoked.

4 Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

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

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 $12,000 for the financial year commencing on 1 July 2018.

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 2018

Repatriation Commission

Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2018

Instrument 2018 No. R73

I, Emma Bowe, delegate of the Repatriation Commission, make this determination under subsection 52ZZZWEA(3) of the Veterans’ Entitlements Act 1986.

Dated this 4th day of June 2018

Emma Bowe

……………………………………………………

EMMA BOWE

1 Name

This Determination is the Veterans’ Entitlements (Special Disability

Trust — Discretionary Spending) Determination 2018.

2 Commencement

This Determination commences on 1 July 2018.

3 Revocation

The Veterans’ Entitlements (Special Disability Trust — Discretionary Spending) Determination 2017 is revoked.

4 Definitions

In this Determination:

Act means the Veterans’ Entitlements Act 1986.

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

5 Discretionary spending for other purposes