Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:81c
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 81C
Character Range: 163539–165503

81C  Reduction of benefits—preserved benefits
 (1) This rule applies in relation to a person if:
 (a) CSC receives a release authority issued under section 131‑15 in Schedule 1 to the Taxation Administration Act 1953 in relation to the person; and
 (b) the release authority was issued for a reason other than a first home super saver determination that is made in relation to the person; and
 (c) the person has a preserved benefit retained in the Scheme.
 (2) CSC must:
 (a) if the person has an ancillary benefit and the amount stated in the release authority is equal to, or less than, the amount of the person's ancillary benefit—reduce the person's ancillary benefit by the amount stated in the release authority; or
 (b) if the person has an ancillary benefit and the amount stated in the release authority is more than the amount of the person's ancillary benefit—do both of the following:
 (i) reduce the person's ancillary benefit to nil;
 (ii) reduce (but not below nil) the person's member benefit by the difference between the amount stated in the release authority and the amount of the person's ancillary benefit before it was reduced under subparagraph (i); or
 (c) if the person does not have an ancillary benefit and the amount stated in the release authority is less than the amount of the person's member benefit—reduce the person's member benefit by the amount stated in the release authority; or
 (d) if the person does not have an ancillary benefit and the amount stated in the release authority is equal to, or more than, the amount of the person's member benefit—reduce the person's member benefit to nil.
 (3) CSC must pay to the Commissioner of Taxation the amount by which the ancillary benefit or member benefit is reduced under subrule (2).
 (4) The application of these Rules in relation to the person, and in relation to a benefit, is taken to be modified to the extent (if any) necessary to ensure that this rule is given effect.