Document ID: chunk:federal_register_of_legislation:F2021L01311:reg:9
Version: federal_register_of_legislation:F2021L01311
Segment Type: reg
Provision Reference: reg 9
Character Range: 5240–7272

9  What are reasonable accommodation needs
 (1) An accommodation need is a reasonable accommodation need of the principal beneficiary of a special disability trust if:
 (a) the need arises as a result of the disability of the principal beneficiary; or
 (b) the need meets the requirements set out in subsection (2), (3) or (4).
 (2) The need to pay for property, or for an interest in property, is a reasonable accommodation need of the principal beneficiary of a special disability trust if the property or interest:
 (a) is acquired or rented from a person who is not an immediate family member of the principal beneficiary; and
 (b) either:
 (i) is acquired or rented for the accommodation needs of the principal beneficiary; or
 (ii) if subparagraph (i) does not apply—is rented at market value and the income from the rent is used for the benefit of the principal beneficiary.
 (3) The need to pay rates and taxes on a property is a reasonable accommodation need of the principal beneficiary of a special disability trust if the property:
 (a) is owned by the special disability trust; and
 (b) either:
 (i) is used for the accommodation needs of the principal beneficiary; or
 (ii) if subparagraph (i) does not apply—is rented at market value and the income from the rent is used for the benefit of the principal beneficiary.
 (4) The need to pay for the maintenance or upkeep on property is a reasonable accommodation need of the principal beneficiary of a special disability trust if the property:
 (a) is owned by the special disability trust; and
 (b) either:
 (i) is used for the accommodation needs of the principal beneficiary; or
 (ii) if subparagraph (i) does not apply—is rented at market value and the income from the rent is used for the benefit of the principal beneficiary.
 (5) To avoid doubt, a property that is specialist disability accommodation within the meaning of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 may be a property to which this section applies.