Superannuation Industry (Supervision) Regulations 1994

A person may apply to the Regulator for a determination that an amount of the person’s preserved benefits, or restricted non‑preserved benefits, in a specified superannuation entity may be released on the ground that it is required:

to pay for medical treatment or medical transport for the person or a dependant; or

to enable the person to make a payment on a loan, to prevent:

foreclosure of a mortgage on the person’s principal place of residence; or

exercise by the mortgagee of an express, or statutory, power of sale over the person’s principal place of residence; or

to modify the person’s principal place of residence, or vehicle, to accommodate the special needs of the person, or a dependant, arising from severe disability; or

to pay for expenses associated with the person’s palliative care, in the case of impending death; or

to pay for expenses associated with a dependant’s:

palliative care, in the case of impending death; or

death; or

funeral; or

burial; or

to meet expenses in other cases where the release is consistent with a ground mentioned in paragraphs (a) to (e), as the Regulator determines.

The Regulator must determine, in writing, that the person has satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), a condition of release on a compassionate ground if the Regulator is satisfied that:

the release is required on a ground mentioned in subregulation (1); and

the person does not have the financial capacity to meet an expense arising from that ground.

The Regulator cannot be satisfied that money is required for medical treatment unless 2 registered medical practitioners (at least one of whom must be a specialist) certify that:

the medical treatment is necessary to:

treat a life threatening illness or injury; or

alleviate acute, or chronic, pain; or

alleviate an acute, or chronic, mental disturbance; and

the treatment is not readily available to the person, or the dependant, through the public health system.

The Regulator cannot be satisfied that money is required for medical transport unless the medical treatment for which the medical transport is required has been certified, under subregulation (3), as necessary for a reason mentioned in paragraph (3)(a).

The Regulator cannot be satisfied that money is required on the ground mentioned in paragraph (1)(b) unless the person gives to the Regulator a written statement from the mortgagee that:

payment of an amount is overdue; and

if the person fails to pay the amount, the mortgagee will:

foreclose the mortgage on the person’s principal place of residence; or

exercise its express, or statutory, power of sale over the person’s principal place of residence.

A statement under subregulation (5) must include the following information:

the amount that is equal to 3 months’ repayments under the mortgage; and

the amount that is 12 months’ interest on the outstanding balance of the loan at the time the statement is made.

A determination under this regulation must specify the superannuation entity and the amount of the preserved benefits, or restricted non‑preserved benefits, that may be released.

If the Regulator makes a determination under this regulation, the Regulator must give a copy of the determination to the person and the trustee of the specified superannuation entity.

In this regulation: