State Superannuation Regulations 2001

A West State Super Member may apply to the Board for the early release of all or part of the balance in the Member’s west state account —

if the Member is in severe financial hardship; or

on a compassionate ground.

On receipt of an application under subregulation (1) the Board is to determine whether, in the Board’s opinion, if the SIS Regulations applied, the Member would be taken for the purposes of those regulations —

to be in severe financial hardship; or

to satisfy a condition of release on a compassionate ground.

If the Board determines that subregulation (2)(a) or (b) applies to the Member, the Board is also to determine the maximum amount that the SIS Regulations would permit to be paid to the Member in those circumstances.

When the Board has made a determination under subregulation (3), it is to pay the Member a benefit of an amount equal to the least of the following —

the amount applied for by the Member;

the amount determined by the Board under subregulation (3);

the greater of —

the balance in the Member’s west state account; and

the Member’s protected amount.

A Member making an application under subregulation (1) must give to the Board all the information required to enable it to make the determinations required under this regulation.

A Member may give the Board the information otherwise than in writing (for example, by telephone) if —

the Board has already made a determination under this regulation in respect of the Member (the earlier determination) based on information provided by or on behalf of the Commonwealth Commissioner of Taxation; and

the information is given only to confirm that the earlier determination remains correct at the time of giving the information.

In this regulation —