The Social Security (Special Disability Trust) (FaHCSIA) Guidelines 2011 (the Guidelines) are made under subsection 1209N(4) and subsection 1209U(4) of the Social Security Act 1991 (the Act). The purpose of the Instrument is twofold. Firstly, it allows the Secretary to the Department of Families, Housing, Communities and Indigenous Affairs, to provide guidelines about what are the reasonable care and accommodation needs of a principal beneficiary of a Special Disability Trust for the purposes of a trust meeting the requirements of subsection 1209N(1).
Secondly, it allows for the Secretary to make guidelines in regard to whether or not to provide a waiver notice to the trustees of a trust, the conditions to include in the notice and the period during which the waiver is to have effect.
The Guidelines are a legislative instrument for the purposes of the Legislative Instruments Act 2003.