QLD How to Access Superannuation While in Prison?

[jh1]

Hi there,

I was wondering what the process was for accesing superannuation while in prison. I understand the process for early access of super under normal circumstances eg financial hardship requires 26 weeks on centrelink allowance. However I cannot find anything on the requirements and process for accessing superannuation while you are in prison?

 

[Rob Legat - SBPL]

I haven’t encountered this situation before, but my first question would be - what is the hardship being faced?

 

[jh1]

I haven’t encountered this situation before, but my first question would be - what is the hardship being faced?

The hardship is financial hardship as he has bills that are outstanding and cannot pay for them, he is not on centrelink obviously.

 

[Rob Legat - SBPL]

I doubt it would qualify. The reasons for an early release of super are:
- Severe hardship, such that the funds are necessary to meet reasonable and immediate family living expenses;
- Medical expenses;
- Expenses relating to a severe disability (eg renovations to a home to make it accessible); or
- To pay a mortgage to prevent the loss of your home.

It's unlikely that general bills will qualify. Immediate living expenses are covered by being in prison; so is medical from my understanding. The only thing that might qualify is if a house is owned and the bank is threatening to foreclose.

 

[Iamthelaw]

I'm inclined to agree with @Rob Legat - SBPL

Schedule 1 of SISR lists the 'conditions of release' of superannuation.

Item 105 sets out severe financial hardship - As Rob has mentioned you probably won't qualify given what you've mentioned - I agree with him.

Another avenue you could try Item 107 - Compassionate Grounds - As this leaves it to the discretion of a regulator (DHS). Reg 6.19A(f) of SISR: To meet expenses in other cases where the release is consistent with a ground as the regulator determines. Although I doubt whether you'd fall under this ground too but you could none the less try. Again, it's at the discretion of the regulator.