Document ID: chunk:federal_register_of_legislation:C2007A00009:clause:1_5:p15
Version: federal_register_of_legislation:C2007A00009
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 15/23)
Character Range: 172985–175844

302‑200 What is an interdependency relationship?

302‑195  Meaning of death benefits dependant

  A death benefits dependant, of a person who has died, is:
 (a) the deceased person's *spouse or former spouse; or
 (b) the deceased person's *child, aged less than 18; or
 (c) any other person with whom the deceased person had an interdependency relationship under section 302‑200 just before he or she died; or
 (d) any other person who was a dependant of the deceased person just before he or she died.

302‑200  What is an interdependency relationship?

 (1) Two persons (whether or not related by family) have an interdependency relationship under this section if:
 (a) they have a close personal relationship; and
 (b) they live together; and
 (c) one or each of them provides the other with financial support; and
 (d) one or each of them provides the other with domestic support and personal care.

 (2) In addition, 2 persons (whether or not related by family) also have an interdependency relationship under this section if:
 (a) they have a close personal relationship; and
 (b) they do not satisfy one or more of the requirements of an interdependency relationship mentioned in paragraphs (1)(b), (c) and (d); and
 (c) the reason they do not satisfy those requirements is that either or both of them suffer from a physical, intellectual or psychiatric disability.

 (3) The regulations may specify:
 (a) matters that are, or are not, to be taken into account in determining under subsection (1) or (2) whether 2 persons have an interdependency relationship under this section; and
 (b) circumstances in which 2 persons have, or do not have, an interdependency relationship under this section.

Division 303—Superannuation benefits paid in special circumstances

Table of sections

303‑5 Commutation of income stream if you are under 25 etc.

303‑5  Commutation of income stream if you are under 25 etc.

 (1) A *superannuation lump sum that you receive from a *complying superannuation plan is not assessable income and is not *exempt income if:
 (a) the superannuation lump sum arises from the commutation of a *superannuation income stream; and
 (b) any of these conditions are satisfied:
 (i) you are under 25 when you receive the superannuation lump sum;
 (ii) the commutation takes place because you turn 25;
 (iii) you are permanently disabled when you receive the superannuation lump sum; and
 (c) you had received one or more *superannuation income stream benefits from the superannuation income stream before the commutation because of the death of a person of whom you are a *death benefits dependant.

 (2) Subsection (1) applies despite Divisions 301 and 302.

Division 304—Superannuation benefits in breach of legislative requirements etc.

Guide to Division 304

304‑1  What this Division is about

      This Division overrides