Last amended: 9 October 2006
For a trust to be a special disability trust [2] (SDT) the trust must meet certain requirements and the trust deed must contain certain clauses.
From 20 September 2006 until 30 June 2007 an exemption notice can be given to trustees of a trust established before 20 September 2006 if:
The exemption notice must be in writing and contain:
VEA ? [5]
If a trust was established before 20 September 2006 it may not be possible to alter the trust deed to comply with the clauses of the model trust deed that comes into effect from 20 September 2006. A waiver can be given where a trust deed cannot be altered and the trustee provides a statutory declaration that they will comply with the SDT requirements. That is:
Note: However, the waiver can only apply for the period that the trustee continuously complies with the agreed conditions in the statutory declaration.
The waiver notice must be in writing and contain:
According to section 52ZZZW of the VEA [10], a special disability trust is a trust that has been established solely in order to provide for the current and future care and accommodation needs of the beneficiary who is a person with a severe disability [2].
To be eligible to be the principal beneficiary of a special disability trust [2], a person must have a severe disability. A person with a severe disability is:
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16486%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16486#tgt-cspol_part10_ftn571
[4] https://clik.dva.gov.au/book/export/html/16486#tgt-cspol_part10_ftn572
[5] https://clik.dva.gov.au/book/export/html/16486#tgt-cspol_part10_ftn573
[6] https://clik.dva.gov.au/service-eligibility-assistant-updates/all-determinations-order-date-signed-oldest-most-recent/determinations-under-vea
[7] https://clik.dva.gov.au/book/export/html/16486#ref-cspol_part10_ftn571
[8] https://clik.dva.gov.au/book/export/html/16486#ref-cspol_part10_ftn572
[9] https://clik.dva.gov.au/book/export/html/16486#ref-cspol_part10_ftn573
[10] http://clik.dva.gov.au/legislation-library