Taxation Administration Regulations 2017

For the purposes of subsection 138‑10(2B) in Schedule 1 to the Act, the Commissioner is to determine that an individual has suffered a financial hardship if, and only if:

the individual requests the Commissioner to make such a determination at the time when the individual requests a first home super saver determination; and

the individual has previously held one or more property interests specified in paragraph 138‑10(2)(a) in Schedule 1 to the Act; and

the Commissioner is satisfied that:

the individual suffered a financial hardship that resulted in the individual ceasing to hold any such property interests held at the time of the hardship; and

the individual has not held any other such property interests since that time.

In determining whether to make a determination that an individual has suffered a financial hardship, the Commissioner may have regard to the information provided by the individual and any other information that the Commissioner considers relevant.