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 or entities may be released on the ground that it is required to assist the person to deal with the adverse economic effects of the coronavirus known as COVID‑19 if:

unless paragraph (b) applies—subregulation (1A) applies in respect of the person; or

in a case where regulation 6.01B (temporary residents) applies to the person:

the person is covered by subregulation (1B); and

subregulation (1C) applies in respect of the person.

For the purposes of subregulation (1), treat a permanent resident of New Zealand as being a permanent resident.

For the purposes of paragraph (1)(a), this subregulation applies in respect of the person if:

the person is unemployed; or

the person is eligible to receive any of the following under the Social Security Act 1991:

jobseeker payment;

parenting payment;

special benefit; or

the person is eligible to receive youth allowance under the Social Security Act 1991 (other than on the basis that the person is undertaking full‑time study or is a new apprentice); or

the person is eligible to receive farm household allowance under the Farm Household Support Act 2014; or

on or after 1 January 2020 the person was made redundant, or their working hours were reduced by 20% or more (including to zero); or

for a person who is a sole trader—on or after 1 January 2020 the person’s business was suspended or suffered a reduction in turnover of 20% or more.

For the purposes of subparagraph (1)(b)(i), this subregulation covers the person if:

the person is the holder of a student visa; or

the person is the holder of any of the following visas, as mentioned in the Migration Regulations 1994:

a Subclass 457 (Temporary Work (Skilled)) visa;

a Subclass 482 (Temporary Skill Shortage) visa; or

the person is a temporary resident, and is not the holder of a visa mentioned in paragraph (a) or (b).

For the purposes of subparagraph (1)(b)(ii), this subregulation applies in respect of the person if:

in a case where paragraph (1B)(a) applies:

the person has held a student visa for 12 months or more; and

the person is unable to meet his or her immediate living expenses; or

in a case where paragraph (1B)(b) applies:

the person is employed; and

the person is unable to meet his or her immediate living expenses; or

in a case where paragraph (1B)(c) applies—the person is unable to meet his or her immediate living expenses.

A person may make one or more applications under subregulation (1) as follows:

one in the financial year ending 30 June 2020; and

in a case where paragraph (1)(a) applies—one in the financial year ending 30 June 2021.

The Regulator must determine, in writing, that the person has satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), the condition of release on a compassionate ground if the Regulator has not already made a determination under this regulation or regulation 4.22B of the Retirement Savings Account Regulations 1997 in relation to the person in respect of an application made by the person in the financial year.

For the purposes of subregulation (3), treat a revoked determination as not having been made.

A determination under this regulation must specify the superannuation entity or entities and the amount of the preserved benefits, or restricted non‑preserved benefits, that may be released from each specified entity. The sum of the amounts specified in a determination must not exceed $10,000.

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 each specified superannuation entity.