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Australian Government Department of Families, Housing, Community Services and Indigenous Affairs

Carers

Special Disability Trusts

Since 20 September 2006, families have been able to establish a Special Disability Trust, which attracts social security means test concessions for the beneficiary and eligible contributors. The purpose of the trust is to assist immediate family members and carers who have the financial means to do so, to make private financial provision for the current and future care and accommodation needs of a family member with severe disability and receive means test concessions.

It is necessary that, before a Special Disability Trust is established, the prospective trust beneficiary be assessed as severely disabled under the legislation for this type of trust (for details see Special Disability Trust beneficiary assessment process).

Means test concessions

A Special Disability Trust can have assets worth up to $532 000 (indexed annually and current as at 1 July 2008) without these assets impacting on the trust beneficiary's income support payment (such as Disability Support Pension).

Where the assessable assets of the trust exceed the limit, the amount in excess of the limit will be counted as assessable assets for the person and will be assessed against the relevant assets test thresholds.

Where immediate family members contributing to the trust are in receipt of a social security or veterans' entitlement payment and are within five years of Age Pension age or older, they may be eligible to receive a concession from the usual social security or veterans' entitlement rules relating to making gifts (disposal of assets).

For the purposes of this concession, 'immediate family members' include natural parents, legal guardians, adoptive parents, step parents, grandparents and siblings.

Setting up a trust in your will

A Special Disability Trust can be a testamentary trust established through a will (that is, it does not come into effect until after the death of the person making the will).

Model trust deed and trust booklet

Both the model trust deed and trust booklet, have been developed to help families who have decided to set up a Special Disability Trust.

Model trust deed


The model trust deed contains both compulsory clauses needed to satisfy requirements for accessing the social security concessions and non-compulsory clauses that provide options for the person with severe disability and their family.

Booklet

The Special Disability Trusts: Getting things sorted booklet includes information on:
The booklet is available in English and several other languages.

Further Information

For more information about the social security treatment of Special Disability Trusts see the Guide to Social Security Law - Chapter 4.14 Means Test Concessions for Special Disability Trusts.

For more information about the Legislative Instruments for Special Disability Trusts see Social Security (Special Disability Trust) (FaHCSIA) Guidelines.
To find out more about Special Disability Trusts: