How do I get early super access due to a terminal medical condition?

Published 18 Jan 2017

Having a terminal medical condition is one of the compassionate grounds that can be considered for receiving early access to your superannuation. Discover what is required to get access based on this specific compassionate ground and how Gerard Malouf & Partners' expert superannuation lawyers can help.

What is required?

1. First of all, you should go visit two medical practitioners who can confirm that you are likely to die within 24 months due to your medical condition (this can be either an injury or an illness) and that you need palliative care, the Australian Taxation Office (ATO) states. Take note that one of the medical practitioners must be a specialist in an area relating to your medical condition. You have the option of providing a certificate signed separately by each practitioner, or just one certificate signed by both of them.

2. Secondly, contact your super fund to ask if you can gain access due to your terminal medical condition. If they tell you that you do not have access, you might be able to move your super fund, ATO writes. However, Gerard Malouf & Partners can advise you on the best course of action. This may involve moving your fund or enlisting our lawyers help in challenging the super fund.

3. Then, the Australian Government's Department of Human Services says that you will need to supply the usual documents required no matter the reason for requesting early access. This includes:

An Early Release of Superannuation on Specified Compassionate Grounds Report by Registered Medical Practitioner form 

Quotes or unpaid invoices to determine the amount of superannuation required to pay for necessary medical transport or treatment

4. The last step is to ensure that your fund pays the super to you as a lump sum. The payment will also be tax-free if you withdraw within 24 months of the date of certification, the ATO writes.

Gerard Malouf & Partners can help you

If you have need any legal advice regarding getting early access to your superannuation, contact Gerard Malouf & Partners.

Gerard Malouf & Partners will help you determine whether you are eligible for lump sum payment of compensation under your superannuation policy or other insurance policies. If you are unsure, do not hesitate to reach out to us and we will give you a free initial consultation over the phone or in person.

Having 26 years of experience under our belt, we are also adept at challenging insurance companies that refuse to give our clients the early superannuation they deserve.

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