Document ID: chunk:federal_register_of_legislation:F2025C00013:reg:61a
Version: federal_register_of_legislation:F2025C00013
Segment Type: reg
Provision Reference: reg 61A
Character Range: 66145–67283

61A  Financial hardship determination
 (1) For the purposes of subsection 138‑10(2B) in Schedule 1 to the Act, the Commissioner is to determine that an individual has suffered a financial hardship if, and only if:
 (a) the individual requests the Commissioner to make such a determination at the time when the individual requests a first home super saver determination; and
 (b) the individual has previously held one or more property interests specified in paragraph 138‑10(2)(a) in Schedule 1 to the Act; and
 (c) the Commissioner is satisfied that:
 (i) the individual suffered a financial hardship that resulted in the individual ceasing to hold any such property interests held at the time of the hardship; and
 (ii) the individual has not held any other such property interests since that time.
 (2) In determining whether to make a determination that an individual has suffered a financial hardship, the Commissioner may have regard to the information provided by the individual and any other information that the Commissioner considers relevant.

Part 5—Generic rules (Chapter 4 in Schedule 1 to the Act)

Division 1—Preliminary