Document ID: chunk:federal_register_of_legislation:F2025C00069:reg:3:p35
Version: federal_register_of_legislation:F2025C00069
Segment Type: reg
Provision Reference: reg 3 (pt 35/66)
Character Range: 314366–317201

satisfied, for the purposes of subregulation 6.18(1) or 6.19(1), a condition of release on a compassionate ground if the Regulator is satisfied that:
 (a) the release is required on a ground mentioned in subregulation (1); and
 (b) the person does not have the financial capacity to meet an expense arising from that ground.
 (3) The Regulator cannot be satisfied that money is required for medical treatment unless 2 registered medical practitioners (at least one of whom must be a specialist) certify that:
 (a) the medical treatment is necessary to:
 (i) treat a life threatening illness or injury; or
 (ii) alleviate acute, or chronic, pain; or
 (iii) alleviate an acute, or chronic, mental disturbance; and
 (b) the treatment is not readily available to the person, or the dependant, through the public health system.
 (4) The Regulator cannot be satisfied that money is required for medical transport unless the medical treatment for which the medical transport is required has been certified, under subregulation (3), as necessary for a reason mentioned in paragraph (3)(a).
 (5) The Regulator cannot be satisfied that money is required on the ground mentioned in paragraph (1)(b) unless the person gives to the Regulator a written statement from the mortgagee that:
 (a) payment of an amount is overdue; and
 (b) if the person fails to pay the amount, the mortgagee will:
 (i) foreclose the mortgage on the person's principal place of residence; or
 (ii) exercise its express, or statutory, power of sale over the person's principal place of residence.
 (6) A statement under subregulation (5) must include the following information:
 (a) the amount that is equal to 3 months' repayments under the mortgage; and
 (b) the amount that is 12 months' interest on the outstanding balance of the loan at the time the statement is made.
 (6A) A determination under this regulation must specify the superannuation entity and the amount of the preserved benefits, or restricted non‑preserved benefits, that may be released.
 (6B) If the Regulator makes a determination under this regulation, the Regulator must give a copy of the determination to the person and the trustee of the specified superannuation entity.
 (7) In this regulation:
medical transport means transport, for medical attention, by land, water or air.

6.19B  Release of benefits on compassionate ground—coronavirus
 (1) A person may apply to the Regulator for a determination that an amount of the person's preserved benefits, or restricted non‑preserved benefits, in a specified superannuation entity or entities may be released on the ground that it is required to assist the person to deal with the adverse economic effects of the coronavirus known as COVID‑19 if:
 (a) unless paragraph (b) applies—subregulation (1A) applies in respect of the person; or
 (b) in a