Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If:
(a) an immediate family member of the principal beneficiary of a special disability trust transfers an asset to the trust; and
(b) at the time of the transfer, neither the immediate family member nor the partner of the immediate family member is a person who:
(i) is receiving a service pension and has reached pension age; or
(ii) is receiving income support supplement and has reached qualifying age; or
(iia) is receiving a veteran payment and has reached pension age (within the meaning of subsections 5QB(2), (3), (4) and (5)); or
(iii) is receiving a social security pension and has reached pension age within the meaning of the Social Security Act;
the immediate family member is taken for the purposes of this Division only to transfer the asset to the trust at the earliest time at which subparagraph (b)(i), (ii), (iia) or (iii) applies to the immediate family member or partner.
Note 1: For special disability trust , see section 52ZZZW.
Note 2: For immediate family member , see subsection 5Q(1).
Note 3: For pension age (except for the purposes of subparagraph (1)(b)(iia) or (iii) of this section), see subsection 5Q(1).
Note 3A: For qualifying age see section 5Q.
Note 4: For service pension , social security pension and veteran payment , see subsection 5Q(1).
Note 5: Part IIIA deals with income support supplement.
(2) However, if under subsection (1) transfers of assets to the trust by different immediate family members are taken to have been made on the same day, the transfers are taken to have been made on that day in the order in which they would have been taken to be made but for this Division.
Note: For immediate family member , see subsection 5Q(1).
(3) This section does not affect the operation of Division 11 of Part IIIB or any other provision of this Act outside of this Division.