Withdrawing Superanuation in emergency

didnt know where to post this topic

I have a Q from a work colleague,she is Filipino and wanted to withdraw part of her Super so she could pay for her brothers cancer treatment back in the Phillipines.

According to her they wont let her do it because her dependant brother is not living in Australia ??

Ok he's in the Phillipines ... I think she has this wrong ... ????
Does it matter where the person your trying to help live?

 

There are very strict laws regarding early access to super. I don't think helping a relative will qualify regardless of place of residence.

Tell your colleague to phone the superannuation company and they will be able to give her accurate advice.
Marg

 

One way is to leave the country without intending to return to the lucky country. If she does return, then she will need to recontribute the super received.

 

My father withdrew his super when his cancer turned terminal. He passed by time it was approved and landed in his account though.

I think being in Australia is a fair enough requirement. It's hard to verify stuff overseas.

 

Im currently studying the requirements... I think she has it wrong .
There are 2 reasons to withdraw ... Commpassionate and financial hardship ... Wish she could read it too ??

 

It could be possible under compassionate grounds. See schedule 1 of the Sis regulations.

This is administered by Dept Human Services.
Early release of superannuation - Australian Government Department of Human Services

 

Australian citizens who were permanent residents of australia before departing australia CANNOT access their superannuation unless they met one of the conditons of release.

Temporary residents are treated differently.

Non resident australian citizens are treated no differently than australian resident citizens for superannuation balances

 

Playing the devils advocate, if you were assessing the financial hardship application for sending super money overseas, a part of you might wonder if it were all a scam.

There might be grounds to access the super, but I think it would be an uphill battle.

 

Yes ... She told me that they refused her exit of money because the brother she was helping was in the Phillipines... However i cannot see reading the regulations where it says that... It seems as long as there are compassionate reasons and its proven by a medical report i guess... Then its ok ... Cant see how they tefused her unless shes not telling me everything

 

There is no mention of where the dependant needs to be in the legislation. Being overseas should be no barrier.

 

Human Services and APRA have information on the hardship provisions. Its VERY hard to access for a relative as the certifications needed for terminal illness and treatment must be verified and acceptable to the Trustee AND other agencies.