To be eligible to be a beneficiary of a Special Disability Trust, the disabled person must
meet the definition of severe disability under section 1209M of the Social Security Act 1991:
(a) a person who has reached 16 years of age:
- whose level of impairment would qualify the person for Disability Support Pension
or who is already receiving a Department of Veterans’ Affairs Invalidity Service Pension
or Department of Veterans’ Affairs Invalidity Income Support Supplement, and
- who has a disability that would, if the person had a sole carer, qualify the carer for
Carer Payment or Carer Allowance, or
- who is living in an institution, hostel or group home in which care is provided for people
with disabilities and for which funding is provided under an agreement between the
Commonwealth, the states and the territories, and
- who has a disability as a result of which he or she is not working and/or who has no
likelihood of working for more than seven hours per week at or above the relevant
(b) a person under 16 years of age who is a profoundly disabled child as defined in
Social Security Act 1991 section 197(1) who was a beneficiary immediately before
1 July 2009,
(c) a child under 16 years of age:
- who is a person with a severe disability or a severe medical condition, and
- another person (the carer) has been given a qualifying rating of intense under
the Disability Care Load Assessment (Child) Determination for caring for the child
under 16 years of age, and
- a treating health professional has certified in writing that, because of that disability
- the child will need personal care for 6 months or more, and
- the child care is required to be provided by a specified number of persons,
- the carer has certified in writing that the beneficiary will require the same care,
or an increased level of care, to be provided to him or her in the future.
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Disclaimer and Warning
The information above is of a general nature only. It should not be used as a source to make financial decisions. It’s also important to note that the legislation and figures related to this topic tend to change regularly and therefore the information above may not reflect the current status. We recommend that if you are looking for advice on this matter, you should contact us.