Private Trusts and Succession Planning for the Severely Disabled or Cognitively Impaired in Australia

Abstract:     
This paper examines the social security implications (and barriers to effective forward planning) posed by the means tests, gifting and private trusts/companies provisions governing payments made to people with cognitive or other severe disabilities, and their parental or other carers. It critically reviews Australia's 'special disability trust' reforms designed to ease these pressures, and concludes that these measures will do little to achieve their purpose. Overseas models and law reform options are examined.

Keywords: social security, disability trusts, cognitive impairment, succession planning, law reform

JEL Classifications: I10, I112, I18, I30, K10, K30

Accepted Paper Series