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VIC Financial Hardship Requirement for Early Superannuation Release?

Discussion in 'Superannuation Law Forum' started by John74, 18 June 2016.

  1. John74

    John74 Member

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    I was turned down recently for early release of superannuation based on financial hardship.

    Apparently, I don't meet the Australian citizenship requirement to continue receiving a Newstart allowance for longer than six months partly because I'm a kiwi who arrived in 2002. Before that, my case-manager was hesitant about giving me the greenlight because of a technicality wherein my benefit was cancelled then re-instated almost immediately (unfortunately the computers reset the length of time I'd received the benefit when the cancellation occurred, short-changing me the minimum six-month requirement.)

    I did manage to get a Q230 form to rectify the matter but it was accompanied by a separate letter stating that I was not currently on the benefit as my six months was up.

    My question is, does the law state that one needs to be collecting the benefit continuously after the six month period in order to qualify for early release? Or did I simply need to prove that I'd received the benefit continuously for six months?

    Seems like a small detail but it does seem kind of stupid applying for financial hardship when I'm still receiving the benefit. You'd think my chances of getting the super would've increased because of the fact I wasn't receiving the benefit. I've got heart meds and anti-depressants to pay for.

    Any help would be appreciated, thank you.

    PS - I've just begun to write a letter to the complaints department to voice my disagreement with the decision.
     
  2. Smiley

    Smiley Well-Known Member

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    Unfortunately, it appears what the Trustee is saying is correct.

    You need to be in receipt of an approved Commonwealth Income Support payment, for most people, this generally means Centrelink payments, for a minimum of 6 consecutive months (in most cases). There are other conditions attached, but that is it for the most part. Therefore if you currently are not in receipt of such a payment, you can not apply.

    PS This is legislation as opposed to a Trustee condition.
     
  3. John74

    John74 Member

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    Damn, I guess that automatically excuses New Zealanders from applying on grounds of financial hardship. Looks like I'll have to go the compassionate grounds route.

    Thanks for your reply, Smiley.
     

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