Social Security (Means Test Treatment of Private Trusts – Excluded Trusts) Declaration 2015 (Cth)

Social Security (Means Test Treatment of Private Trusts – Excluded Trusts) Declaration 2015 Social Security Act 1991

I, Finn Pratt, Secretary of the Department of Social Services, make this Declaration under subsection 1207P(4) of the Social Security Act 1991.

Dated 19 August 2015

Finn Pratt AO PSM

Secretary

Department of Social Services

1 Name of Declaration

This Declaration is the Social Security (Means Test Treatment of Private Trusts – Excluded Trusts) Declaration 2015.

2 Commencement

This Declaration commences on the day after it is registered.

3 Purpose

This Declaration specifies the classes of trusts that are excluded trusts for section 1207P of the Act.

4 Revocation

The following declarations are revoked:

Social Security (Means Test Treatment of Private Trusts — Excluded Trusts) Declaration 2005; and

Social Security (Means Test Treatment of Private Trusts – Excluded Trusts) (DEEWR) Declaration 2008.

5 Definitions

In this Declaration:

Act means the Social Security Act 1991.

community purpose means a purpose that is intended to benefit primarily the members of a particular community or group.

government body includes the following kinds of body:

(a) a department or agency of the Commonwealth;

(b) a department or agency of a State or Territory;

(c) a municipal corporation or other local government body;

(d) a body corporate in which the Commonwealth, a State or a Territory body holds a controlling interest.

income has the same meaning as in subsection 1207P(7) of the Act.

indigenous-held land has the same meaning as in section 4B of the Aboriginal and Torres Strait Islander Act 2005.

reference time means 7.30 pm, standard time in the Australian Capital Territory, on 9 May 2000.