Forman Financial Services

Severe Disability Definition

To be eligible to be a beneficiary of a Special Disability Trust, the disabled person must
meet the definition of severe disability under section 1209M of the Social Security Act 1991:

(a)   a person who has reached 16 years of age:

  • whose level of impairment would qualify the person for Disability Support Pension
    or who is already receiving a Department of Veterans’ Affairs Invalidity Service Pension
    or Department of Veterans’ Affairs Invalidity Income Support Supplement, and
  • who has a disability that would, if the person had a sole carer, qualify the carer for
    Carer Payment or Carer Allowance, or
  • who is living in an institution, hostel or group home in which care is provided for people
    with disabilities and for which funding is provided under an agreement between the
    Commonwealth, the states and the territories, and
  • who has a disability as a result of which he or she is not working and/or who has no
    likelihood of working for more than seven hours per week at or above the relevant
    minimum wage.


(b)    a person under 16 years of age who is a profoundly disabled child as defined in
Social Security Act 1991 section 197(1) who was a beneficiary immediately before
1 July 2009,


(c)    a child under 16 years of age:

  • who is a person with a severe disability or a severe medical condition, and
  • another person (the carer) has been given a qualifying rating of intense under
    the Disability Care Load Assessment (Child) Determination for caring for the child
    under 16 years of ageand
  • a treating health professional has certified in writing that, because of that disability
    or condition:

–        the child will need personal care for 6 months or more, and

–        the child care is required to be provided by a specified number of persons,


  • the carer has certified in writing that the beneficiary will require the same care,
    or an increased level of care, to be provided to him or her in the future.

For more information on this subject feel free to get in touch with us click here

To receive free updates on relevant information click here

To read more about our specialised service offers for Special Disability Trust please click here