Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p18
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 18/66)
Character Range: 270060–272750

that fund.
 (5) For the purposes of Schedule 1, a person is taken to be in severe financial hardship if:
 (a) the trustee of a superannuation entity is satisfied:
 (i) based on written evidence provided by at least one Commonwealth department or agency responsible for administering a class of Commonwealth income support payments, that:
 (A) the person has received Commonwealth income support payments for a continuous period of 26 weeks; and
 (B) the person was in receipt of payments of that kind on the date of the written evidence; and
 (ii) that the person is unable to meet reasonable and immediate family living expenses; or
 (b) the person has reached the age that is the person's preservation age plus 39 weeks and the trustee of a superannuation entity is satisfied:
 (i) based on written evidence provided by at least one Commonwealth department or agency responsible for administering a class of Commonwealth income support payments—that the person received Commonwealth income support payments for a cumulative period of 39 weeks after the person reached the person's preservation age; and
 (ii) that the person was not gainfully employed on a full‑time, or part‑time, basis on the date of the application for cashing of his or her preserved benefits, or restricted non‑preserved benefits, in the entity.
 (5A) The written evidence provided for by paragraph (5)(a) is of no effect if it is dated more than 21 days before the date of the person's application to the trustee for cashing of his or her preserved benefits or restricted non‑preserved benefits.
 (6) Amounts to the credit of a member (except eligible spouse contributions) in a fund are undeducted contributions if:
 (a) the amounts are undeducted contributions within the meaning that was given, before 1 July 2007, by subsection 27A(1) of the Tax Act; or
 (b) for any other amounts—the amounts comprise member contributions:
 (i) made after 30 June 1983 in order to obtain superannuation benefits (within the meaning of the Tax Act); and
 (ii) in respect of which no deduction is allowable or has been allowed to the member under the former section 82AAT of the Tax Act.
 (7) For the purposes of Schedule 1, the retirement of a person is taken to occur:
 (a) in the case of a person who has reached a preservation age that is less than 60—if:
 (i) an arrangement under which the member was gainfully employed has come to an end; and
 (ii) the trustee is reasonably satisfied that the person intends never to again become gainfully employed, either on a full‑time or a part‑time basis; or
 (b) in the case of a person who has attained the age of 60—an arrangement under which the member was gainfully employed has