Document ID: chunk:federal_register_of_legislation:F2022C00514:reg:51:p1
Version: federal_register_of_legislation:F2022C00514
Segment Type: reg
Provision Reference: reg 51 (pt 1/2)
Character Range: 109781–112391

51  Certain benefits included in preserved benefits
 (1) Subject to subrules (1AA), (1A), (1B) and (2) and Parts 10 and 10A (but only to the extent that Part 10A relates to a payment to which paragraph (c) relates), if, in relation to a person:
 (a) to whom a preserved benefit applies; and
 (b) who has not attained the age of 55 years;
one of the following paragraphs applies, the employer benefit and member benefit included in that preserved benefit becomes payable to him or her as a lump sum on the date specified in that paragraph:
 (c) CSC decides that by reason of the person's physical or mental incapacity, the person has become unlikely ever to be able to work again in employment for which he or she is reasonably qualified by education, training or experience or for which the person could reasonably be qualified after retraining—the date on which CSC so decides;
 (d) the person notifies CSC before 1 July 1998 that he or she intends to leave Australia permanently before 1 July 1998 and CSC is satisfied that that intention will be carried out—the date on which CSC became so satisfied;
 (e) the Australian Prudential Regulation Authority determines that the person satisfies a condition of release on a compassionate ground under subregulation 6.19A(2) of the SIS Regulations—the date CSC approves payment;
 (f) CSC is satisfied that the person is in severe financial hardship within the meaning of subregulation 6.01(5) of the SIS Regulations—the date when CSC became so satisfied.
 (1AA) Paragraph (1)(c) does not apply to a person if he or she is either:
 (a) a member of the Permanent Forces; or
 (b) a member of the Reserves rendering continuous full‑time service.
 (1A) An amount that becomes payable under paragraph (1)(e) or (f) is limited to so much of the benefit as is necessary to meet the expenses that give rise to the compassionate grounds or are necessary to alleviate financial hardship.
 (1B) If only part of a benefit payable under subrule (1) is payable because of subrule (1A), that part may be reduced by part of the surcharge deduction amount before it is paid as a lump sum if CSC considers that there may be insufficient benefit remaining unpaid to pay the surcharge deduction amount.
 (2) Where a person who is entitled to be paid an employer benefit under subrule (1) is a person to whom paragraph (1)(c) applies, the person may:
 (a) instead of the employer benefit included in the preserved benefit being paid to him or her, elect that it be converted into a pension payable to him or her and if he or she so elects:
 (i) the employer benefit is so converted; and