Document ID: chunk:federal_register_of_legislation:F2022L00564:clause:1_81d
Version: federal_register_of_legislation:F2022L00564
Segment Type: clause
Provision Reference: sch 1 cl 81D
Character Range: 5695–7238

81D  Reduction of benefits—release authorities issued in relation to a first home super saver determination
 (1) This rule applies in relation to a person if:
 (a) CSC receives a release authority issued under section 131‑15 in Schedule 1 to the Taxation Administration Act 1953 in relation to the person; and
 (b) the release authority was issued in relation to a first home super saver determination that is made in relation to the person.
 (2) CSC must reduce one or both of the following benefits by an amount not exceeding the amount stated in the release authority:
 (a) the person's ancillary benefit;
 (b) the person's member benefit.
 (3) The reduction of the ancillary benefit under subrule (2) must occur after the amount of the ancillary benefit is reduced by the following amounts:
 (a) any surcharge deduction amount to be paid by the member or DFRDB member;
 (b) any amount required to be transferred because of a payment split that applies in relation to the member or DFRDB member.
 (4) CSC must only release from the benefits mentioned in subrule (2) contributions to those benefits that are eligible to be released under section 138‑35 in Schedule 1 to the Taxation Administration Act 1953.
 (5) CSC must pay to the Commissioner of Taxation the amount by which the ancillary benefit or member benefit is reduced under subrule (2).
 (6) The application of these Rules in relation to the person, and in relation to a benefit, is taken to be modified to the extent (if any) necessary to ensure that this rule is given effect.