10 Comments

  1. Jaye

    Dear Trish,

    I am a small business owner in the incubus stage. I have just submitted my taxes for the first time in 3 years as the struggle to keep a small business alive has left me working to live. Am looking at a substantial tax payment and am wondering if I can cash my super to pay off this debt.

    What do you think
    J

  2. Julian Collier

    I was the holder of a subclass 155RRV. I have been trying for a number of months to have my super released as I have departed Australia permanently and my RRV has expired. According to DIMA I am now a Non Resident of Australia. As a consequence I can no longer qualify for the early release of super held preserved in my name under the financial hardship provision. I am currently unemployed and have been so in excess of a year, however as I reside outside Australia and am not in receipt of a commonwealth government supplement, I find myself unable to apply for the early release of said funds on financial hardship grounds.

    Is it legally permissible for the Australian Government to continue to withold my super whilst at the same time deny my right to fair and equal access to this provision, as enjoyed by all superannuation holders residing in Australia, simply because I am no longer a resident of Australia?

    Does anyone have any thoughts on this subject?

  3. kb1234

    Hi,

    I was an Australian citizen, age 37, and had been a part of a super fund from about 1993/4 I left Australia in 2001.

    I see from your 12 legal reasons to cash your super that I maybe able to access my restricted benefit “Cease employment. If you’ve been a member of a super fund since before 1 July 1999, you can cash your restricted benefit only when you cease employment with your employer”. As I said earlier I left Australia and my employer does this mean I can access my super?

    Also I am in the early stages of changing my citizenship to British what are the super rules governing ex-Australians and their super fund.

    Many thanks

  4. GCL

    Thanks for this very useful info. We too have recently moved overseas and do not intend to return to Australia. Due to the economic crisis, it is however taking us a lot longer than anticipated to find work, so we could really use a portion of our super! So I guess we fall in the permanent departed Australia and hardship category. How and where can we apply for this?

  5. Con Lokos

    Hi Trish

    excellent article. Common question – I have accumulated a nice sized fund – so how can I get access to it now to finalise my personal home loan? I’m sure this is a question asked over and over again. My view is that I can help my retirement better by NOT having to pay $1,000 per month to a bank for my home loan. The money would be better to go to my personal home loan that I can use again in my retirement.
    Can you please elaborate on the following:
    Decision to take your benefit as lifetime pension or annuity, and
    Cease employment – is this to cease employment for good or does it relate to when you have left your current employer and job hunting?
    thanks
    Con

9 Trackbacks/Pingbacks

  1. Retirement unlocks your super | SuperGuide.com.au

    [...] You can read about the other ways to access your super benefits in the article 12 legal reasons to cash your super. [...]

  2. No super access for business debts or tax bills | SuperGuide.com.au

    [...] financial hardship provisions are also explained in the article 12 legal reasons to cash your super, and your super fund should also have more detailed information to assist [...]

  3. I’m leaving Australia: Can I access my super? | SuperGuide.com.au

    [...] I’m assuming your son was a permanent Australian resident and Australian citizen before he departed Australia’s sandy shores, rather than a temporary resident. Australian citizens who then relocate overseas are treated in the same way as Australians living in Australia: they cannot access preserved super benefits until they reach preservation age and retire, or satisfy another condition of release. (I explain the conditions of release in my article 12 legal reasons to cash your super). [...]

  4. Boost your super | Non-concessional contributions: Re-contribution strategy still applies

    [...] Generally yes, assuming the individual has satisfied a condition of release that permits them to access super benefits, such as retiring, or reaching the age of 65, or starting a transition-to-retirement pension (TRIP) or turning 60 and ceasing an employment arrangement. (I explain the conditions of release in the article 12 legal reasons to cash your super. [...]

  5. Accessing super | Unrestricted access to super, sometimes

    [...] 37, and had been part of a super fund from about 1993/4. I left Australia in 2001. I see from your 12 legal reasons to cash your super that I may be able to access my restricted benefit. You write: “Cease employment. If you’ve [...]

  6. Repay debts with super: then claim Age Pension | SuperGuide.com.au

    [...] from a super fund as a lump sum (assuming you have satisfied a condition of release – see article 12 legal ways to access your super benefit), what you do with that cash payment is your [...]

  7. Retirement planning | Super for beginners, part 8: What happens to my super benefits when I retire?

    [...] Before I respond to the question, for those readers who are not familiar with the term ‘preserved’  in relation to super benefits, the Government has rules in place to ensure that Australians don’t access super benefits before they retire or satisfy another condition of release, such as suffering permanent disability. You can read about ‘preservation’ and ‘preserved benefits’ and ‘conditions of release’ in the article 12 legal reasons to cash your super.  [...]

  8. Accessing super | Accessing super early: 12 popular Q and As

    [...] A popular article on the SuperGuide website, particularly for our overseas readers, is 12 legal ways to access your super. [...]

  9. Accessing super | Super for beginners, part 10: Can I use my super to reduce my mortgage?

    [...] Superannuation is subject to special access rules called preservation. What this means is that you cannot access your super benefits until you retire after a certain age, or you satisfy another condition of release such as permanent disability or severe financial hardship. I explain the conditions of release in the article 12 legal reasons to access your super. [...]

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