Social Security Act 1991

If a person transfers an asset (the transferred asset) to a special disability trust, the transfer is taken not to be a disposal of the asset (within the meaning of section 1123) if:

the person is an immediate family member of the principal beneficiary of the trust; and

the person, or the person’s partner:

is receiving a social security pension and has reached pension age; or

is receiving a service pension and has reached pension age within the meaning of the Veterans’ Entitlements Act; or

is receiving income support supplement and has reached qualifying age within the meaning of section 5Q of the Veterans’ Entitlements Act; or

is receiving a veteran payment and has reached pension age; and

the person receives no consideration, and is not entitled to any consideration, for the transfer; and

the transfer is unconditional; and

the value of the transferred asset does not exceed $500,000; and

in a case where there has already been a transfer to which this section has applied (an exempt transfer), by that person or any other person, to the trust or any other special disability trust that had the same principal beneficiary—the sum of:

the values of all of the assets transferred, by exempt transfers that have already been made, to the trust or any other special disability trust that had the same principal beneficiary; and

the value of the transferred asset;

For special disability trust, see section 1209L.

For immediate family member, see subsection 23(1).

For pension age (except for the purposes of subparagraph (1)(b)(ii) of this section), see subsections 23(5A) to (5D).

For social security pension, service pension and income support supplement, see subsection 23(1).

This section has effect subject to sections 1209ZA and 1209ZD.

In this section: