Document ID: chunk:federal_register_of_legislation:F2021C00174:reg:12:p3
Version: federal_register_of_legislation:F2021C00174
Segment Type: reg
Provision Reference: reg 12 (pt 3/5)
Character Range: 6867–9968

hardship application has been received; and
                     (ii) must consider whether further information is required to determine whether the member has met the hardship criteria and, if so, give a notice to the member by no later than 30 days after the day the responsible entity receives the hardship application:
                         (A) requiring further information; and
                         (B) allowing the member at least 21 days to respond; and
                     (iii) must, before the end of the decision period, make a decision whether the member has met the hardship criteria and, if so, whether to allow the member to withdraw from the scheme; and
                         Note 1: If the responsible entity allows the member to withdraw from the scheme, the member will be an approved hardship member: see subsection (1B).
                         Note 2: See section 601GAH in relation to the discretion of the responsible entity to allow a member to withdraw from the scheme.
                     (iv) must give the member a decision notice within 7 days of making the decision; and
                     (v) unless the responsible entity has given the member a decision notice, must not require the member to make payment of any amounts due for payment on or after the date the responsible entity received the member's hardship application; and
                     (vi) may, to the extent provided for in the constitution and until the responsible entity gives the member a decision notice, suspend the rights of the member to use property under the scheme, receive distributions under the scheme or otherwise enjoy benefits produced by the scheme;
                  (d) if the responsible entity decides a member has not met the hardship criteria, the decision notice must include:
                     (i) reasons why the responsible entity has decided that the member has not met the hardship criteria; and
                     (ii) an explanation that, as the member has not met the hardship criteria, the member is not able to withdraw from the scheme;
                     (iii) details of the scheme's internal and external dispute resolution schemes;
                  (e) if the responsible entity decides a member has met the hardship criteria but not to allow the member to withdraw from the scheme, the decision notice must include:
                     (i) reasons why the responsible entity has decided not to allow the member to withdraw from the scheme; and
                     (ii) details of the internal and external dispute resolution schemes;
                  (f) an approved hardship member:
                     (i) has a right to withdraw from the scheme in accordance with paragraph (h); and
                     (ii) has no liability to make payment of any amounts due for payment in relation to the scheme on or after the date the responsible entity received the member's hardship application (including payment of any shortfall from the sale process referred to in paragraph (k)) ; and
                     (iii) if the approved hardship