Document ID: chunk:federal_register_of_legislation:C2024C00267:section:3:p34
Version: federal_register_of_legislation:C2024C00267
Segment Type: section
Provision Reference: s 3 (pt 34/64)
Character Range: 483295–486187

you from a complying superannuation fund.

302‑195  Extended meaning of death benefits dependant for superannuation income stream
  For the purposes of Division 302 of the Income Tax Assessment Act 1997, treat a person who receives a superannuation income stream benefit as a death benefits dependant in relation to the benefit if:
 (a) the benefit is a superannuation death benefit; and
 (b) just before 1 July 2007, the superannuation income stream from which the benefit is paid was covered by paragraph (a) of the definition of death or disability annuity/pension in section 159SJ of the Income Tax Assessment Act 1936.

302‑195A  Meaning of death benefits dependant for 2008‑2009 income year
 (1) This section applies only for the 2008‑2009 income year.
 (2) For the purposes of Subdivision 82‑B of Division 82, Division 302 and section 303‑5 of the Income Tax Assessment Act 1997, the definition of death benefits dependant in section 302‑195 of that Act applies as if paragraphs (a) and (b) of the definition were replaced with the following paragraphs:
 (a) a spouse of the deceased within the meaning of the Superannuation Industry (Supervision) Act 1993 as in force immediately after the commencement of Schedule 4 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008 or a person who was formerly such a spouse; or
 (b) a child of the deceased within the meaning of the Superannuation Industry (Supervision) Act 1993 as in force immediately after the commencement of Schedule 4 to the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Act 2008, who is aged less than 18.

Division 303—Superannuation benefits paid in special circumstances

Table of sections
303‑10 Superannuation lump sum paid to member having a terminal medical condition
303‑15 Superannuation lump sum member benefit paid to member on compassionate ground relating to the coronavirus

303‑10  Superannuation lump sum member benefit paid to member having a terminal medical condition
 (1) This section applies to a superannuation member benefit that you receive during the 2007‑08 financial year and that:
 (a) is a superannuation lump sum; and
 (b) is:
 (i) paid from a complying superannuation plan; or
 (ii) a superannuation guarantee payment, a small superannuation account payment, an unclaimed money payment, a superannuation co‑contribution benefit payment or a superannuation annuity payment.
 (2) The lump sum is not assessable income and is not exempt income if a terminal medical condition exists in relation to you at a time in the period:
 (a) starting when you receive the lump sum; and
 (b) ending at the later of:
 (i) 90 days after you receive it; and
 (ii) 30 June 2008.

303‑15  Superannuation lump sum member benefit paid to member on compassionate ground relating to the coronavirus
  A superannuation member benefit that is a