Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p26
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 26/71)
Character Range: 458058–460664

any fees payable by the non‑member spouse in respect of the payment split.
 (3) If the payment split is a base amount payment split, and a splittable payment becomes payable in respect of the member spouse's interest before the lump sum is paid to the non‑member spouse, the value of the lump sum to be paid to the non‑member spouse must be the amount applying under subregulation (2) less the amount the non‑member spouse is entitled to be paid in respect of the splittable payment.
 (4) The value of the lump sum to be paid to the non‑member spouse must not be more than the value of the withdrawal benefit in relation to the member spouse and the original interest immediately before the lump sum is paid.
 (5) The value of the benefits that the member spouse has in his or her interest must be reduced by the sum of:
 (a) the value of the lump sum paid to the non‑member spouse; and
 (b) the amount of any fees payable by the non‑member spouse in respect of the payment split.
 (6) In paying the lump sum to the non‑member spouse:
 (a) a proportion must be taken from the unrestricted non‑preserved benefits, the restricted non‑preserved benefits and the preserved benefits of the member spouse; and
 (b) the proportion taken from each category of benefits must be the same as the category bears to the member spouse's interest immediately before the payment was made.
 (7) The trustee must pay the lump sum within:
 (a) 30 days after receiving the request under regulation 7A.07; or
 (b) any longer period allowed by the Regulator.
 (8) The trustee must give to the member spouse and the non‑member spouse, within 28 days after the lump sum is paid, a written notice stating:
 (a) that the lump sum has been paid; and
 (b) the amount that was paid; and
 (c) if the payment split is a base amount payment split—the amount of any adjustment that has been made to the base amount since the operative time.

Division 7A.3—Splittable payments—payment standards for non‑member spouse entitlements

7A.14  Application of Division 7A.3
 (1) This Division applies if:
 (a) an interest (the original interest) in a regulated superannuation fund or approved deposit fund is subject to a payment split; and
 (b) the non‑member spouse is entitled to be paid an amount from the original interest because a splittable payment in respect of the interest has become payable; and
 (c) a new interest has not been created for the non‑member spouse, or the transferable benefits of the non‑member spouse have not been transferred or rolled out of the fund, as a result of a payment split.
 (2) However, if an amount under