A necessitous circumstances fund, or NCF, is a public fund established and maintained to provide relief for Australians in ‘necessitous circumstances’. It is a vehicle for assisting people in financial need.
“Necessitous circumstances” refers to financial need. A person faces necessitous circumstances if they face some degree of poverty or do not have the resources needed to sustain a modest standard of living in Australia.
Often, eligibility to receive income-tested benefits from the government is an indicator that a person faces necessitous circumstances.
Necessitous circumstances does not mean an inability to afford merely desirable advantages, and does not necessarily refer to the needs people have as a result of being sick, incapacitated or elderly.
There are two other types of DGR funds which may be more appropriate if:
If this is the case, please talk to us and we will point you in the right direction.
An NCF is a trust fund and therefore is established by trust deed or by will.
An NCF must be a public fund and not private in nature. Therefore:
If you’d like to explore the establishment of an NCF contact the Moores not-for-profit team on (03) 9843 2158 or firstname.lastname@example.org.
They would be happy to provide more detailed advice tailored to your circumstances and needs.
Disclaimer: This help sheet has been prepared by Moores, not-for-profit legal advisers. It provides a general guide and should not be relied on as (or in substitution for) legal advice.