This section contains information on how to determine whether a person is eligible for the means test concessions for special disability trusts.
This section contains information on the following:
A person does not need to be in receipt of an income support payment for a special disability trust to be established for their care and accommodation needs. However, before a special disability trust can be established the person needs to establish that they meet the definition of severe disability.
Explanation: A person can have assets that exceed the limit for payment of income support or they may be unable to access payment for other qualification reasons. This does not stop them from meeting the eligibility criteria of a person with severe disability for special disability trust purposes.
Example 1: Jane has received a lump sum compensation settlement and is not receiving any income support payments due to a preclusion period. However, she meets all eligibility criteria of a person with severe disability. Although Jane does not receive income support payments during the preclusion period, her parents establish a special disability trust to assist in paying for her care needs.
Example 2: James is currently in gaol or psychiatric confinement (in connection with a criminal charge). James meets all the eligibility criteria of a person with severe disability. His grandparents establish a special disability trust for him to assist with his future care and accommodation needs.
To be eligible to be a principal beneficiary of a special disability trust, a person has a severe disability if:
A special disability trust and the assessment of the trust, including any means test concessions are not related in any way to the type of income support payment the principal beneficiary receives now or in the future. Eligibility is based on the principal beneficiary having an impairment that would qualify the beneficiary for DSP or the corresponding DVA payment, and has no relationship to the type of payment being received.
Example: John's parents established a special disability trust for him when he was 55 years old. At that time he was in receipt of DSP. John is now 65 years old and is transferring to Age. The special disability trust continues to pay for his care and accommodation needs and the means test concessions continue to apply.
Act reference: SSAct section 1209M Beneficiary requirements
Last reviewed: 1 July 2011