Western Australian Current Regulations

STATE SUPERANNUATION REGULATIONS 2001 - REG 123

123 .         Early payment in case of severe financial hardship or compassionate grounds

        (1)         A GESB Super Member may apply to the Board for the early release of all or part of the balance of the Member’s GESB Super account —

            (a)         if the Member is in severe financial hardship; or

            (b)         on a compassionate ground.

        (2)         On receipt of an application under subregulation (1) the Board is to determine whether, in the Board’s opinion, if the SIS Regulations applied, the Member would be taken for the purposes of those regulations —

            (a)         to be in severe financial hardship; or

            (b)         to satisfy a condition of release on a compassionate ground.

        (3)         If the Board determines that subregulation (2)(a) or (b) applies to the Member, the Board is to determine the maximum amount that the SIS Regulations would permit to be paid to the Member in those circumstances.

        (4)         When the Board has made a determination under subregulation (3), it is to pay the Member a benefit of an amount equal to the least of the following —

            (a)         the amount applied for by the Member;

            (b)         the amount determined by the Board under subregulation (3);

            (c)         the balance in the Member’s GESB Super account.

        (5)         A Member making an application under subregulation (1) must give to the Board all the information required to enable it to make the determinations required under this regulation.

        (5A)         A Member may give the Board the information otherwise than in writing (for example, by telephone) if —

            (a)         the Board has already made a determination under this regulation in respect of the Member (the earlier determination ) based on information provided by or on behalf of the Commonwealth Commissioner of Taxation; and

            (b)         the information is given only to confirm that the earlier determination remains correct at the time of giving the information.

        (6)         If a benefit paid under this regulation is or includes all or part of a benefit to which the Member was already entitled the amount of that other benefit is reduced accordingly.

        (7)         In this regulation —

        compassionate ground and severe financial hardship have the same meanings as they have in Part 6 of the SIS Regulations.

        [Regulation 123 inserted: Gazette 13 Apr 2007 p. 1659-60; amended: SL 2023/205 r. 13.]