---
title: "Draft a special disability trust from the DSS model deed and the Social Security Act"
url: "https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions/commonwealth"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A19-T1-R11-CTH"
practice_area: "Trusts & Estate Planning"
tier: "red"
lawyer_review: "required"
jurisdictions: ["CTH"]
last_reviewed: "2026-09-23"
---

# Draft a special disability trust from the DSS model deed and the Social Security Act

> Draft an SDT deed from the instructions, the firm's precedent and the DSS model deed, listing compulsory clauses and Social Security Act 1991 s 1209L eligibility facts to confirm.

Canonical page: https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions/commonwealth  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Trusts & Estate Planning](https://ailawframework.com/practice/trusts-and-estate-planning.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Draft an SDT deed from the instructions, the firm's precedent and the DSS model deed, listing compulsory clauses and Social Security Act 1991 s 1209L eligibility facts to confirm. |
| What the lawyer must review | Use the current DSS model deed; its compulsory clauses come from the Social Security Act 1991 Check the Social Security (Special Disability Trust) Amendment Instrument; do not depart from the model Remember departures may lose the concessions (assets test exemption up to the indexed cap) Note 2025-26: no cap on total contributions; family gifting concession limited to $500,000 Note the discretionary spending limit $14,750 (1 July 2025 – 30 June 2026, indexed) Confirm Services Australia assesses severe disability; register the trust and check current limits with it and DSS Check tax (individual rates, not penalty rates; CGT concessions); deed errors cannot be fixed after settlement |
| Written for | Commonwealth |
| Applies to | [Draft a special-needs or protective trust from the instructions](https://ailawframework.com/practice/trusts-and-estate-planning/draft-a-special-needs-or-protective-trust-from-the-instructions.md) |

## Checking plan

**Lawyer review required**

The responsible lawyer reviews the work against the instructions, sources and intended use.

- What the AI does: Potential support includes preparing preliminary structure or wording and summarising source material. Confirm the tool’s capability and permitted scope.
- What the lawyer does: Set the scope, verify the evidence, resolve exceptions and approve the final output for its intended use.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Suggested checking approach based on the task guidance. Complete the assessment for the actual tool, information and jurisdiction.
- Why: The plan reflects the described work and review requirements. Policy colours are not used to determine permission or checking.

## Checks the lawyer makes

1. Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
2. Confirm that the wording reflects the client’s instructions and contains no unintended admission, concession or commitment. Check the recipient and tone.
3. Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
4. Review the original source set for relevant material absent from the output, including contrary evidence, qualifications and unresolved gaps.
5. Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
6. Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
7. Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.

## Notes

- Confirm the required checking with the responsible lawyer before work starts. The checking approach does not establish permission to use AI.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*