Document ID: chunk:federal_register_of_legislation:F2023C01022:reg:12:p2
Version: federal_register_of_legislation:F2023C01022
Segment Type: reg
Provision Reference: reg 12 (pt 2/2)
Character Range: 49280–50681

entitled under paragraph 136(b) of the Participation Schedule; or
 (iii) an incapacity pension to which the member spouse is entitled under paragraph 199(b) of the Participation Schedule;
Note: In 2022, the scheme continued in existence by the Superannuation (State Public Sector) Act 1990 (Qld) was known as the Australian Retirement Trust.
 (f) if the superannuation interest is in an account within the meaning of the Small Superannuation Accounts Act 1995—a payment to the member spouse from the account, if:
 (i) in accordance with a superannuation agreement, flag lifting agreement or splitting order that has been served on the trustee of the account, the trustee has opened a separate account under the Small Superannuation Accounts Act 1995 for the non‑member spouse, and has transferred an amount from the member spouse's account to that separate account; and
 (ii) but for the operation of this paragraph, the non‑member spouse would have been entitled to be paid an amount in respect of the payment.
Note: This regulation prescribes the kinds of payments that are not splittable payments. Generally, any of these kinds of payments in respect of a member spouse's superannuation interest will not be a splittable payment (see subsection 90XE(2) or 90YG(2) of the Act).
 (2) In this regulation:
severe financial hardship has the meaning given by subregulation 6.01(5) of the SIS Regulations.