Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p34
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 34/66)
Character Range: 311902–314613

amount of restricted non‑preserved benefits that may be cashed in accordance with subregulation (1) must not exceed the amount of:
 (a) the restricted non‑preserved benefits of the member that had accrued at the time when the member satisfied the condition of release; and
 (b) before 1 July 1999—any investment earnings accruing on those benefits from the time when the member satisfied the condition of release.
 (3) Subject to subregulation (4), the form in which restricted non‑preserved benefits may be cashed under this regulation is, unless the satisfied condition of release is the death of the member:
 (a) a form (if any) specified in Schedule 1 as a cashing restriction relating to the condition of release; or
 (b) if the specified cashing restriction is 'Nil'—any 1 or more of the following forms:
 (i) 1 or more lump sums;
 (ii) 1 or more pensions;
 (iii) the purchase of 1 or more annuities.
Note: For the cashing requirement applying on the death of the member, see regulation 6.21.
 (4) A lump sum mentioned in subparagraph (3)(b)(i) must be payable not later than the time for the payment of a lump sum mentioned in paragraph 6.21(2)(a).

6.19A  Release of benefits on compassionate grounds
 (1) 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 may be released on the ground that it is required:
 (a) to pay for medical treatment or medical transport for the person or a dependant; or
 (b) to enable the person to make a payment on a loan, to prevent:
 (i) foreclosure of a mortgage on the person's principal place of residence; or
 (ii) exercise by the mortgagee of an express, or statutory, power of sale over the person's principal place of residence; or
 (c) to modify the person's principal place of residence, or vehicle, to accommodate the special needs of the person, or a dependant, arising from severe disability; or
 (d) to pay for expenses associated with the person's palliative care, in the case of impending death; or
 (e) to pay for expenses associated with a dependant's:
 (i) palliative care, in the case of impending death; or
 (ii) death; or
 (iii) funeral; or
 (iv) burial; or
 (f) to meet expenses in other cases where the release is consistent with a ground mentioned in paragraphs (a) to (e), as the Regulator determines.
 (2) The Regulator must determine, in writing, that the person has satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), a condition of release on a compassionate ground if the Regulator is satisfied that:
 (a) the release is required on a ground mentioned in subregulation (1); and
 (b) the person does