Who counts as a ‘dependent’?

Published 01 Feb 2017

You can apply for the early release of superannuation to cover a dependent’s expenses, but you must first prove a dependent relationship, which has several definitions. Find out who qualifies as a dependent and how Gerard Malouf & Partners’ superannuation lawyers can help you support a dependent by fighting for the early release of your superannuation.

Who qualifies as a ‘dependent’ and what proof is required?

According to the Australian Government Department of Human Services, a child can be a dependent and is defined as:

  • A biological child
  • An adopted child
  • A stepchild

If the applicant is applying for the early release of superannuation for a child, the evidence required is either a birth certificate or documents proving that the applicant is the guardian.

A spouse can also qualify and is defined as:

  • A person who was legally married to you
  • A person who is in a couple with the applicant and lives with him or her in a genuine domestic arrangement

The evidence requires either a marriage certificate or proof of a genuine domestic living situation such as a utility bill.

A person with whom the applicant had an interdependent relationship also counts but is a bit more complex. State Super of NSW states that an interdependent relationship exists if two people:

  • Have a close personal relationship
  • Live together
  • Both or one of them provide the other with financial support
  • Both or one of them provide the other with personal support and domestic care

However, take note that if the applicant can’t satisfy the requirements because both or one of the applicants have an intellectual, physical or psychiatric disability, he or she may still be able to qualify for an interdependent relationship.

A dependent can also be a person in need who the applicant helped with consistent financial assistance. This sort of dependent relationship includes:

  • An elderly parent or grandparent
  • A sister or brother
  • A former spouse or non-resident children

How Gerard Malouf & Partners can help

At Gerard Malouf & Partners, we know what a financial burden it is for a person not able to work or continue in their job full time. That is why we will work tirelessly on your behalf to get you the compensation you may be entitled to under your superannuation policy or other insurance policies to pay for the expenses of someone you love and who is in need of help.

Contact us today to find out what benefits you might be entitled to and how our expert lawyers with over 30 years of experience can assist you.

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