Where property is held on trusts for a disabled person, those trusts will be qualifying trusts if, during that person’s lifetime, or until the trusts’ termination (if that is before the person’s death):

(1)the trust property is to be applied only for the benefit of the disabled person; and


(a)that the disabled person is entitled to all the income (if any) arising from the property; or

(b)of any such income is applied for the benefit of a beneficiary, it is applied for the benefit of a disabled beneficiary;

(FA 2005, s. 34, as it applies for tax years from 2013–14 onwards. Previously the second requirement was that the disabled person must:

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