Expenses eligible for release on compassionate grounds

Overview

Early access to your super on compassionate grounds is available only for the specific expenses listed on this page.

Make sure you meet the general eligibility conditions before working out whether your expense is eligible for payment under early release on compassionate grounds.

This page explains:

• the categories of expenses that are eligible for release on compassionate grounds
• the eligibility criteria for each category
• the evidence you need to provide for each expense category
• any additional requirements you have to meet.

Ensuring you have all of the evidence you need before you submit your application will enable it to be assessed in the quickest time possible. If you or your dependant have paid for an eligible expense by borrowing money, you need to ensure that the additional eligibility criteria are met and that you can provide the necessary documents as evidence of the loan expense.

Applications not accompanied by all the required documentary evidence may be delayed or not approved.

Medical treatment

You may be eligible to release some of your super to pay for medical treatment expenses for you or your dependant.

Alternative options for payment

You may not need to access your super to pay the full amount of the medical treatment expense. You may receive a rebate from Medicare or your private health insurer, and it may be paid directly to your medical practitioner.

It's important to talk to your medical practitioner, Medicare, or your private health insurer to find out:

• what costs you have to pay yourself
• how much, if any, of the expense Medicare or your private health insurer will cover
• whether you can enter into a payment plan to pay for the treatment.

You should also find out if the rebate can be paid directly to your medical practitioner.

The out-of-pocket expenses should be listed on the quote or invoice.

What is medical treatment?

For the purposes of release on compassionate grounds, medical treatment is the application of medicines or the practice of medicine to a person, such as surgery or psychotherapy.

The medical treatment must meet both of the following eligibility conditions:

• Eligibility condition 1: you or your dependant must require the medical treatment to either:
  • treat a life-threatening illness or injury
  • alleviate acute or chronic pain
  • alleviate acute or chronic mental illness.
• Eligibility condition 2: the medical treatment is not readily available through the public health system.
• If you or your dependant have borrowed money to pay for the medical treatment, further eligibility criteria for the borrowed amount will need to be met in addition to the above.

Eligible treatments

Expenses for the following medical treatments may be eligible where specific evidence is provided:

• surgery
• psychiatric treatment
• medicinal drugs
• in vitro fertilisation treatments
• dental treatment.

Ineligible treatments

The following expenses are generally not considered medical treatment because they're general personal expenses:

• payment of household bills and general living expenses such as rent and utilities
• payment of outstanding personal debts such as credit card debts or bank loans unless they were used to pay for an eligible expense
• holidays, health retreats, spa treatments and gym membership
• administration fees charged by a third party to help you prepare your application
• cosmetic procedures that are not required to treat a life-threatening illness or alleviate acute or chronic pain or mental illness.

Other expenses that are generally not eligible include:

• treatment not related to Eligibility condition 1
• treatment that a registered medical practitioner does not consider necessary to Eligibility condition 1
• treatment for potential conditions – that is, medical conditions you may develop in the future but don't currently have.

Evidence

You must provide:

• a quote (no more than 6 months old) or invoice (no more than 30 days old)
• 2 medical reports
  • one from a registered medical specialist who is a specialist in the area that you're applying to have medical treatment for (see 'Relevant medical speciality' below)
  • one from either a registered medical practitioner or another registered medical specialist.

If you're applying to pay an expense for another person, you may need to provide evidence that you're in a dependent relationship with them.

Where the expense has been paid by borrowing money, additional documents are required to support the borrowed amount.

Examples of relevant medical specialist

If you are applying for treatment of:

• an acute or chronic mental illness, your application must include a medical report from a psychiatrist
• a life-threatening illness or injury, one medical report must be from a registered medical specialist whose speciality is relevant to the life-threatening illness or injury. For example, if you're applying to pay for an expense to treat cancer, the specialist will be an oncologist.

Note that allied professionals, such as physiotherapists, psychologists and podiatrists, are not considered registered medical practitioners or medical specialists.

Medical reports

The reports must clearly explain:

• detailed information relating to your, or your dependant’s, specific condition and how it's a life-threatening illness or injury, acute or chronic pain or mental illness
• what the medical treatment is to treat the condition
• why it's necessary for you or your dependant to undertake this medical treatment
• how the medical treatment will either:
  • treat your, or your dependant’s, life-threatening illness, or injury
  • alleviate your, or your dependant’s, acute or chronic pain
  • alleviate your, or your dependant’s, acute or chronic mental illness
• that the medical treatment you or your dependant needs to treat the condition in Eligibility condition 1 is not readily available through the public health system.

If you or your dependant normally live in Australia and need to travel overseas for treatment, your registered medical practitioner in Australia also needs to advise why you or your dependant can't have the treatment in Australia.

The medical practitioner reports must be completed, signed, and dated less than 6 months before you submit your application.

If your medical treatment is occurring in stages or over multiple cycles, your medical reports need to specify the number of cycles or stages required. When submitting applications for subsequent cycles or stages, you can include the same medical reports provided they were completed no more than 6 months before you submit your application. Where the treatment is occurring within 6 months of the medical report, you will need to provide evidence that the prior stage of treatment was completed and paid.

You should ask your registered medical practitioners to use our medical report form to ensure they provide all the information we need. Guidance for medical practitioners provides further information on what is required.

If the medical reports are incomplete or don't contain enough information, processing of your application may be delayed or it may not be approved.

Medical treatment paid by borrowing money

Where the medical treatment has been paid for by borrowing money, the medical reports need to detail how your or your dependant's medical treatment meets (or met) the eligibility criteria.

If you previously obtained medical reports for the medical treatment you borrowed money for and these reports include the information we require (detailed above), you can include these reports instead of obtaining new reports to support your application.

There are no time frame limitations around the date on the invoice or quote.

Quotes or invoices

To assess your application, we'll also need to see evidence showing the amount of out-of-pocket expenses that you're seeking to release from your super account.

This can be an itemised quote or an invoice that shows the amount and a description of each part of the treatment. If applicable, information about the frequency of your medical treatment with costs for each stage/appointment should be included.

Where there are multiple elements to your medical treatment, a quote or invoice showing a single cost will be insufficient. The elements must be itemised.

If your quote or invoice is incomplete or doesn't meet the evidence requirements, processing of your application may be delayed or it may not be approved. You may also be required to provide further evidence to support your application.

Additional evidence for certain treatments

In vitro fertilisation (IVF) treatments

If you're applying for IVF treatments to treat an acute or chronic mental illness, your application will require a medical report from a psychiatrist and a registered medical practitioner.

If you apply for a second or later IVF treatment, you'll need to provide a new or updated quote in each subsequent application. However, the same medical report can be used so long as it was completed no more than 6 months before you submit your application.

If your IVF treatment requires human donor gametes or human embryos, your medical reports will need to support the need for these expenses. Your invoice will also need to include a statement from the provider advising that they were acquired altruistically and comply with the relevant law and guidelines. If acquired from overseas, further evidence may be required.

If your application includes third party medical expenses, both medical reports must certify that medical treatment for a third-party forms part of your or your dependant's necessary medical treatment.

Dental treatment

If you're applying for dental treatment you need to provide a report from a registered medical practitioner and a report from a dental practitioner to certify the medical treatment required.

In this case, we also require:

• a copy of your treatment plan with details of all stages of the treatment
• an itemised quote or an invoice.

Treatment occurring over multiple stages

If you're applying for treatment that is occurring over multiple stages, we may only approve the costs relating to the initial stage of your treatment.

Where you have been approved for the initial stage of a treatment and are submitting another application to pay for subsequent stages, you'll need to provide evidence verifying that the:

• initial stage has been completed and paid for, and
• next stage is still required.

Medical transport

You may apply for compassionate release of super to pay for medical transport for you or your dependant.

If you also need to access your super to pay for medical treatment, you can apply for medical transport in the same application.

Alternative options for payment

All Australian states and territories have patient assisted travel schemes to help people in rural and remote areas with the costs of travel for specialist treatment. These schemes may also be able to assist with accommodation costs and travel expenses for carers. Find out more about these schemes in your state of territory at health directExternal Link.

Some private health insurers offer travel and accommodation benefits. You can check your policy to see what's included.

The Medical Treatment Overseas ProgramExternal Link (MTOP) may provide financial assistance for Australians suffering from a life-threatening medical condition to receive treatment overseas where effective treatment is not available in Australia.

What is medical transport?

Medical transport means transport by land, water, or air to attend medical treatment. The medical treatment you require transport for must meet the following 2 eligibility conditions:

• Eligibility condition 1: you or your dependant must require medical treatment for one of the following reasons:
  • treat a life-threatening illness or injury
  • alleviate acute or chronic pain
  • alleviate acute or chronic mental illness.
• Eligibility condition 2: you have no other means to pay for transport to attend your or your dependent's medical treatment.

We will only approve the most cost efficient and reasonable medical transport option available.

Where the medical transport expense has already been paid by borrowing money, you or your dependent still need to have met these criteria for the travel that has or is due to occur. You also need to meet the additional eligibility criteria for the borrowed amount.

Expenses that may be eligible

Expenses that may be eligible include costs for transport required to access medical treatment, including:

• public transport such as a bus, train, or ferry
• government or non-government providers offering medical transportation services on a fee-for-service basis or ambulance
• hire car, private taxi, or ride share
• domestic flights, international flights, or air ambulance
• goods or services directly associated with travelling somewhere to obtain medical treatment such as the cost of parking, road tolls or fuel
• purchasing a vehicle (new or second hand) where its primary use (at least 60%) will be for medical transport, and other means of transport can't reasonably be used.

When assessing release, we'll consider:

• frequency of required medical treatment
• period in which the treatment is required
• distance to treatment locations
• any other information provided.

In some cases, we may also consider whether there are less expensive options to meet your medical transport needs.

Expenses that are not eligible

Expenses that are not eligible include:

• transport that is mainly for personal reasons such as accommodating a large family or holiday expenses
• difficulty paying a vehicle loan which was not obtained for medical purposes
• costs of vehicle options such as tinted windows or metallic paint unless they are specifically medically required
• unreasonable costs, for example, first class flight tickets when you or your dependant can fly economy.

Evidence

You must provide:

• a quote (no more than 6 months old) or invoice (no more than 30 days old)
• 2 medical reports, one from
  • a registered medical specialist who is a specialist in the area of the medical treatment for which you require the medical transport
  • either a registered medical practitioner or another registered medical specialist.

If you're applying to pay an expense for another person, you may need to provide evidence that you're in a dependent relationship with them.

Where the expense has been paid by borrowing money, additional documents are required to support the borrowed amount.

Examples of the appropriate registered medical specialist to provide medical reports for some treatments are shown below. If you apply for treatment of:

• an acute or chronic mental illness, your application must include a medical report from a psychiatrist and also detail why medical transport is necessary
• a life-threatening illness or injury, one medical report must be from the registered medical specialist that relates to your illness or injury and why medical transport is necessary. That is, if the application is to pay for an expense to treat cancer, the specialist will be an oncologist.

Note that allied professionals, such as physiotherapists, psychologists and podiatrists are not considered registered medical practitioners or specialists.

Medical reports

The reports must clearly provide:

• detailed information about your, or your dependant’s, specific condition and how it is a life-threatening illness or injury, acute or chronic pain or mental illness
• what the medical treatment is to treat the condition
• why it's necessary for you or your dependant to undertake this medical treatment
• how the medical treatment will:
  • treat your, or your dependant’s, life-threatening illness, or injury
  • alleviate your, or your dependant’s, acute or chronic pain
  • alleviate your, or your dependant’s, acute or chronic mental illness
• details of the locations, frequency, and duration of the treatment. If you're applying for both medical treatment and medical transport, you can use the same medical practitioner reports. At least one report must provide details of the locations, frequency, and duration of the treatment.
• details of any medical conditions that impact your transport needs.

If you or your dependant normally live in Australia and need to travel overseas for treatment, your registered medical practitioner in Australia also needs to advise why you or your dependant can't have the treatment in Australia.

The medical practitioner reports must be completed, signed, and dated less than 6 months before you submit your application.

Ask your medical practitioners to use our medical report form to ensure they provide all the information we need. If they're unsure how to complete this form, they can refer to information here and to guidance for medical practitioners.

If the medical reports are incomplete or do not contain enough information, processing of your application may be delayed or it may not be approved.

Medical transport paid for by borrowing money

Where the medical transport expense has been paid by borrowing money, the medical reports need to detail how your or your dependant's medical treatment meets (or met) the eligibility criteria.

If you previously obtained medical reports for the medical transport expense you borrowed money for and these reports include the information we require (detailed above), you can include these reports instead of obtaining new reports to support your application.

There are no time limitations around the date on the invoice or quote.

Quotes or invoices

You will need to provide quotes or invoices that set out the cost of the medical transport options that are available to you. Before we approve any release, we will consider the most cost efficient and reasonable transport options.

If your quote or invoice is incomplete or doesn't meet the evidence requirements, processing of your application may be delayed or it may not be approved. You may also be required to provide further evidence to support your application.

Additional evidence for certain transport options

If you consider that some transport options are not available to you or you have additional transport needs, your evidence needs to include supporting information. For example, you may have:

• a medical condition that limits your ability to access public transport, in which case your medical reports will need to include supporting information
• a medical condition or treatment that requires another person to travel with you, in which case your medical reports will need to include supporting information
• limited access to transport options where you reside, in which case you need to advise us of this in your application and provide any supporting evidence.

Purchasing a vehicle

We'll only approve the purchase of a second hand or new vehicle when all other means of transport can't reasonably be used, or it's the most economical option.

You should consider if your existing vehicle can be used for medical transport. If your vehicle is not suitable, your quote or invoice will need to include the trade-in value of your current vehicle, to ensure the appropriate amount is considered for release.

If you're applying for a vehicle that costs more than $20,000, your application needs to include additional evidence from your medical practitioner as to why that specific vehicle is required, including why a lower value vehicle would not be suitable. This will only be approved where it is medically required or would mean that you could not otherwise reach the locations of your medical treatment.

Flights for treatment

If you're applying for flights for you or your dependant, we'll only approve the cost of an economy ticket unless a registered medical practitioner provides details about why a higher class of tickets is medically necessary.

Modifying your home or vehicle to accommodate a severe disability

You may be eligible to release some of your super to pay for expenses to modify your home or vehicle to accommodate your or your dependant’s special needs arising from a severe disability.

Alternative options for payment

You may have other options to pay for expenses to accommodate special needs arising from your or your dependant's severe disability, including:

• support via the National Disability Insurance Scheme (NDIS)
• access to hearing services via the Australian Government Hearing Services ProgramExternal Link
• states and territory support for disability services.

Accommodating special needs arising from a severe disability

If you're applying to modify your home or vehicle to accommodate special needs arising from a severe disability, you must meet these 3 conditions for your expense to be eligible:

• Eligibility condition 1: You or your dependant have special needs arising from a severe disability – that is, a severe physical or mental impairment that limits one or more functional capabilities such as mobility, communication, and self-care, causing substantial functional limitation in everyday activities.
• Eligibility condition 2: You are seeking a modification to either your own
  • home – that is, the place where both you and your dependant permanently live or reside. It can't solely be your dependant’s home.
  • vehicle – it can't be your dependant’s vehicle.
• Eligibility condition 3: The modification is to accommodate your or your dependant's special needs
  • We can only consider modification expenses that specifically accommodate you or your dependant's special needs. Everyday expenses or items not specifically related to accommodating the special needs arising from the severe disability are unlikely to be approved.
  • The modification to your home may include changes to the structure, layout, or fittings to make your home more accessible to accommodate your or your dependant’s special needs arising from a severe disability.
  • Your vehicle may be modified; for example, to allow wheelchair access or include hand controls.

Where the modification expense has already been paid by borrowing money, you or your dependant still need to have met these criteria for the modification that has or is due to occur. You also need to meet the additional eligibility criteria for the borrowed amount.

Other expenses to accommodate a severe disability

You may be eligible for a release under compassionate grounds for specific expenses if you meet the 2 eligibility conditions below:

• Eligibility condition 1: You or your dependant have special needs arising from a severe disability
  • A severe disability refers to a severe physical or mental impairment which limits one or more functional capabilities such as mobility, communication, and self-care, causing substantial functional limitation in everyday activities.
• Eligibility condition 2: You are applying for an expense that will accommodate the special need.

The following expenses may be eligible if the above 2 eligibility conditions are met:

• purchasing disability aids or assistive technology
• purchasing a modified vehicle where your existing vehicle is unable to be modified
  • You should consider if your existing vehicle can be used for medical transport. If your vehicle is not suitable, your quote or invoice will need to include the trade-in value of your current vehicle, to ensure the appropriate amount is considered for release.

Where the expense has already been paid by borrowing money, you or your dependant still need to have met these criteria for the expense that has or is due to occur. You also need to meet the additional eligibility criteria for the borrowed amount.

Expenses that may be eligible

Expenses to modify your home could include:

• installation of ramps both inside and outside the home
• installation of handrails
• adjustment to heights of kitchen cabinetry
• changes to bathroom fixtures and fittings to make them more accessible.

Expenses to modify your vehicle could include:

• installation of a wheelchair ramp or hoist/lift
• installation of an automatic gearbox
• replacement of pedals with levers or hand controls
• changes to car seating
• installation of sensors.

Expenses that are not eligible

Expenses that are not eligible include:

• everyday living expenses
• general renovations or changes to your home or vehicle that are not specifically related to accommodating special needs arising from a severe disability.

Evidence

You must provide:

• a quote (no more than 6 months old) or invoice (no more than 30 days old)
• a medical report from a registered medical practitioner or specialist.

If you have a report from an occupational therapist, you can also attach this to support your application.

If you're applying to pay an expense for another person, you may need to provide evidence that you're in a dependent relationship with them.

Where the expense has been paid by borrowing money, additional documents are required to support the borrowed amount.

Medical reports

The report must clearly specify:

• details of your or your dependant’s disability and its severity, including the special needs that need to be accommodated
• the expense required to accommodate special needs arising from your or your dependant's severe disability
• how each expense on the invoice/quote will accommodate the special needs

The report can also detail whether you have access to NDIS funding for the expense.

The medical practitioner report must be completed, signed, and dated less than 6 months before you submit your application

You should ask your medical practitioner to use our medical report form to ensure they provide all the information we need. If they're unsure how to complete this form, they can refer to this page and to guidance for medical practitioners for further information on what is required.

If the medical reports are incomplete or don't contain enough information, processing of your application may be delayed or it may not be approved.

Modification expenses that have been paid by borrowing money

Where the expense has been paid for by borrowing money, the medical reports need to detail how your or your dependant's expense meets (or met) the eligibility criteria.

If you previously obtained medical reports for the expense you borrowed money for and these reports include the information we require (detailed above), you can include these reports instead of obtaining new reports to support your application.

There are no time limitations around the date on the invoice or quote.

Quotes or invoices

To assess your application, we will also need to see evidence showing the expenses that you're seeking to release from your super account.

You must provide an itemised quote or an invoice that specifies each expense required to accommodate the special needs arising from the severe disability.

Where there are multiple expenses required, a quote or invoice showing a single cost will be insufficient. These elements must be itemised.

If you're applying to modify your home or vehicle, the quote or invoice must be addressed to you as the owner of the home or vehicle. If any of the expenses are being funded by NDIS, please note this on the invoice or quote.

If your quote or invoice is incomplete or doesn't meet the evidence requirements, processing of your application may be delayed or it may not be approved. You may also be required to provide further evidence to support your application.

Additional evidence for modifications to your home

If you're applying to modify your home, you also need to provide evidence that the property is your principal place of residence. This can be a utility bill (for example, gas, or electricity bill) less than 3 months old, in your name that shows the address of the property.

If you're renting the property you're applying to modify, your landlord must provide written consent to the proposed changes.

Palliative care for a terminal illness

You may be eligible to release some of your super to pay for palliative care expenses, resulting from a terminal illness, for you or your dependant.

Alternative options for payment

If you have a terminal medical condition and are looking to access your super early, you can apply directly to your super fund for early access to your super due to a terminal medical condition. In this case, the amount released will not be taxable.

Your dependant may also be able to access their own super tax free, directly from their super fund if they are suffering a terminal medical condition.

You also may not have to access your super to pay the full amount. For example, you may receive an amount from Medicare or your private health insurer for some palliative care costs. It is important to talk to Medicare or your private health insurer to find out what costs you have to pay yourself and how much, if any, of the expense Medicare or your private health insurer will cover.

What is palliative care?

For the purposes of release on compassionate grounds, palliative care is help that allows a person who requires end of life care to live as fully and comfortably as possible. Palliative care can be provided in a hospice, in a hospital or at home depending on the nature of the illness and the availability of care and support.

If you're applying for palliative care expenses, you must meet 2 eligibility conditions:

• Eligibility condition 1: you or your dependant has a terminal illness and has 24 months or less to live.
• Eligibility condition 2: you or your dependant requires palliative care.

Where the expense has already been paid for by borrowing money, you or your dependant still need to have met these criteria for the palliative care expense that has or is due to occur. You also need to meet the additional eligibility criteria for the borrowed amount.

Expenses that may be eligible

Expenses that may be eligible, where specific evidence is provided, include the cost of:

• accommodation in a palliative care facility
• service providers such as doctors, nurses, or counsellors
• home carers related to the palliative management
• hiring specialised medical equipment or aids for use in the home
• therapies to assist in easing pain, such as massages or acupuncture.

Expenses that are not eligible

Expenses that are generally not considered to be an expense associated with palliative care include:

• payment of rent, mortgage, or utilities
• pre-payment of funeral expenses
• payment for flights or accommodation to visit someone in palliative care.

Evidence

You must provide:

• a quote (no more than 6 months old) or invoice (no more than 30 days old)
• a medical report from a registered medical practitioner or specialist.

If you're applying to pay an expense for another person, you may need to provide evidence that you're in a dependent relationship with them.

Where the expense has been paid by borrowing money, additional documents are required to support the borrowed amount.

Medical report

The medical report must clearly state:

• you or your dependant has a terminal illness and has 24 months or less to live.
• you or your dependant requires palliative care
• the type of palliative care required (for example, at home or in a palliative care facility).

The medical practitioner reports must be completed, signed, and dated less than 6 months before you submit your application

You should ask your medical practitioner to use our medical report form to ensure they provide all the information we need. If your medical practitioners are unsure how to complete this form, they can refer to this page and to guidance for medical practitioners for further information.

If the medical reports are incomplete or do not contain enough information, processing of your application may be delayed or it may not be approved.

Palliative care expenses paid by borrowing money

Where the expense has been paid by borrowing money, the medical reports need to detail how your or your dependant's expense meets (or met) the eligibility

If you previously obtained medical reports for the expense you borrowed money for and these reports include the information we require (detailed above), you can include these reports instead of obtaining new reports to support your application.

There are no time limitations around the date on the invoice or quote.

Quotes or invoices

To assess your application, we will also need to see evidence showing the expenses you're seeking to pay with a release from your super account.

You must provide an itemised quote or invoice that specifies each palliative care expense you require.

Where you seeking to pay multiple expenses, a quote or invoice showing a single cost will be insufficient. These elements must be itemised.

If your quote or invoice is incomplete or doesn't meet the evidence requirements, processing of your application may be delayed or it may not be approved. You may also be required to provide further evidence to support your application.

Death, funeral or burial expenses for your dependant

You may be eligible to release some of your super to pay for death, funeral, or burial expenses for your dependant.

Other financial support options

You may be entitled to assistance from Services AustraliaExternal Link if you've been receiving Services Australia support payments.

Financial institutions may also release funds from the bank account of a deceased person to pay for their funeral expenses. Ask your dependant’s financial institution if this is an option.

What are death, funeral and burial expenses?

Expenses associated with death, funeral or burial that are necessary or required may be eligible for release.

If you're applying to pay death, funeral or burial expenses of a dependant, you must meet three eligibility conditions:

• Eligibility condition 1: the person has recently died.
• Eligibility condition 2: your relationship with the person met the criteria of a dependant.
• Eligibility condition 3: the expenses you're applying for solely relate to the death, burial or funeral of your dependant.

Where the expense has already been paid by borrowing money, you still need to have met these criteria for the expense that has or is due to occur. You also need to meet the additional eligibility criteria for the borrowed amount.

Expenses that may be eligible

Expenses that may be eligible if they are required to pay for the death, funeral, or burial include:

• the death certificate fee
• professional service fees required for the funeral or burial, including hiring costs, celebrant or clergy fees, flowers, and public advertising
• burial fees, including the coffin, casket, cemetery fees and burial plot
• cremation costs, including the urn
• interment (burial) fees for cremated ashes
• transportation of the deceased to and from the funeral service, or the city or country of burial.

Expenses that are not eligible

Expenses that are generally not eligible, as they are considered to be the result of personal decisions rather than the necessary funeral or burial expenses, include:

• expenses associated with a wake
• expenses for a headstone
• payment for a monument
• expenses that are not considered essential to conduct a funeral or burial, such as dove releases or entertainment
• pre-payment of your funeral expenses.

Evidence

If you're applying to pay for expenses associated with the death, funeral, or burial expenses of your dependant, you will need to provide:

• one of the following documents as proof of death:
  • a copy of your dependant’s death certificate (this includes a provisional death certificate)
  • a copy of your dependant's coroner certificate
  • a letter from your dependant’s registered medical practitioner or funeral provider on their letterhead, signed and dated, stating
    • the dependant has passed away
    • the date of death
    • the medical practitioner's Australian Health Practitioner Regulation Agency number (for registered medical practitioners only).
• a quote (no more than 6 months old) or invoice (no more than 30 days old).

If the dependant is not your spouse or your child under 18 years old, you need to provide evidence that supports you were in an interdependent or substantially financially dependent relationship.

Where the expense has been paid by borrowing money, additional documents are required to support the borrowed amount.

Quotes or invoices

To assess your application, we will also need to see evidence showing the amount of expenses you're seeking to release from your super account.

You must provide an itemised quote or an invoice that specifies each of the death, funeral or burial expenses. A quote or invoice that shows a single cost isn't sufficient. It must be itemised.

If your quote or invoice is incomplete or doesn't meet the evidence requirements, processing of your application may be delayed or it may not be approved. You may also be required to provide further evidence to support your application.

Death, funeral or burial expenses paid by borrowing money

Where the expense has been paid by borrowing money, there are no timeframe limitations around the date on the invoice or quote.

Preventing foreclosure or forced sale of home

You may be eligible to release some of your super if you've received a threat to repossess or sell your home from:

• your mortgage lender, due to mortgage arrears
• your council, due to outstanding council rates
• an enforcement officer who has been given authority in a court order to sell your home to satisfy an outstanding debt you owe another entity.

This ground does not allow for super to be accessed to pay general expenses. See Expenses that may be eligible for a list of allowable expenses.

Processing of applications not accompanied by all the required documentary evidence may be delayed or the application may not be approved.

Alternative options for payment

If you own multiple properties, you may not be eligible for a release on compassionate grounds as you may be able to pay your expense by selling one or more of your investment properties. When applying, you should provide documents that support why you've been unable to sell other properties to prevent the threatened foreclosure or sale of your home.

You may also be able to enter into an agreement with your mortgagee to prevent foreclosure action being taken until money is raised by mortgaging or selling a property.

If strata levies apply to your home and you're struggling to pay them, National Debt Helpline's Strata LeviesExternal Link has information about other payment options. It also includes steps you can take to prevent the forced sale of your home and phone or chat services to get advice from a financial counsellor for free.

What is foreclosure or forced sale?

Foreclosure is the legal process by which a mortgagee takes possession of a property and sells it when the homeowner fails to make their mortgage repayments. The mortgagee repossesses the property to try to recoup money owing on the loan.

You may also be eligible to access some of your super if your property is subject to forced sale by another entity such as your local council or an enforcement officer by an order of a court.

If you're applying to prevent the foreclosure or forced sale of your home by a mortgage lender or council, you must meet all of the following conditions:

• Eligibility condition 1 – the property subject to the foreclosure or forced sale is your principal place of residence (home).
• Eligibility condition 2 – you're legally responsible for the mortgage repayments or council rates on the property.
• Eligibility condition 3 – you've received written advice that your principal place of residence is to be foreclosed, sold, or repossessed from
  • your mortgage lender who has provided you with a default notice
  • your council, as your council rates have been outstanding for more than 2 years
• Eligibility condition 4 – you have no capacity to pay an amount to prevent the foreclosure or forced sale.

If you've received a threat of foreclosure or forced sale of your home from an entity other than your mortgage lender or council, you may still be eligible to apply. See Other forced sale of property for the evidence requirements.

Where the amount has already been paid by borrowing money, you still need to have met these criteria at the time the amount was outstanding. You also need to meet the additional eligibility criteria for the borrowed amount.

Expenses that may be eligible

Expenses that may be eligible, where specific evidence is provided, include:

• a payment on your home loan mortgage that is in arrears and your mortgage lender has provided you with a notice that your home will be repossessed or sold
• an amount to pay outstanding council rates on your home where the rates have been in arrears for 2 or more years and your council has given you written notice that they will sell your home
• a payment of an outstanding debt to a third party where a court order has been issued giving an enforcement officer the authority to sell your home to wholly or partially to satisfy the debt listed on the court order.

Expenses that are not eligible

If your expense is one of these following, do not apply for a release on compassionate grounds as you're not eligible, and your application will be rejected.

Expenses that are not eligible include:

• mortgage arrears where the property being sold is not your home
• mortgage arrears of another person, including the mortgage of a dependant
• mortgage arrears where your mortgage lender has not issued a default notice or equivalent notice
• council rates that have not been in arrears for more than 2 years or for which the council has not given you a notice they intend to sell the home
• costs in a Family Court splitting order or agreement that requires the home to be sold
• costs incurred to prevent you entering into bankruptcy, where doing so will result in the loss of your home
• rental arrears or other general living expenses.

If you're not eligible and experiencing financial difficulties, you should consider whether you meet the eligibility criteria to access your super due to severe financial hardshipExternal Link.

Maximum release amount for foreclosure or forced sale of home

The maximum amount that can be accessed from your super in a 12 month period to prevent foreclosure from a mortgage lender is referred to as the cashing restriction, which is the sum of both:

• three months of repayments
• 12 months interest on the outstanding balance of the loan.

For example, if your monthly repayments are $1,200 and 12 months interest on your loan is $9,600, the maximum you can request within the 12 month period is 3 × $1,200 + $9,600 = $13,200.

If your application to prevent foreclosure by your mortgage lender is approved, the 12 months cashing restriction timeframe starts from the date your super fund releases this payment.

If you have more than one super fund, you can apply for several smaller amounts from each fund. However, the total amount released from all super funds can only be the amount required to stop foreclosure and is limited to the maximum release amount. If you don't have enough funds to prevent the foreclosure, we will not approve the release of any funds.

Evidence

The evidence required in your application depends on the entity that is threatening the foreclosure or forced sale of your home.

Mortgage arrears

If you're applying to pay for overdue mortgage arrears to prevent foreclosure or forced sale of your home, you must provide:

• a default notice or equivalent notice issued from your mortgagee (bank or other lender) for each loan you secured against your home
• a utility bill (such as for gas or electricity) less than 3 months old, in your name and that shows the address of the property
• a letter from your bank or lender for each loan secured against your home.

The bank or lender letter must be addressed to you and state all of the following:

• that payment of an amount is overdue, and the mortgagee will foreclose or force the sale of your home if the overdue amount isn’t paid by the due date
• the current amount owing that must be paid in order to stop action to sell your property
• the address of the property under threat of sale
• the amount equal to three months repayments for the loan
• the amount equal to 12 months interest on the outstanding balance of the loan
• the name of the person or persons legally responsible for the loan and the loan account number.

If you have more than one mortgage on your home, you need to provide a separate letter for each mortgage under threat by foreclosure or forced sale.

The letter must be:

• dated no more than 30 days before the date on your application
• on the bank or lender's letterhead.

Mortgage arrears paid by borrowing money

Where the mortgage arrears have been paid by borrowing money (separate to the mortgage), you need to provide:

• documents from your lender showing the value of three months repayments and 12 months interest at the time the amount was owing (documents that can be provided include mortgage statements for the period or a letter from your lender)
• the default notice or equivalent notice from your mortgagee that relates to the amount that was owing
• a utility bill (such as for gas or electricity) dated within 3 months of the default notice, in your name and that shows the address of the property.

There are also additional documents required to support the borrowed amount.

Council rates

If you're applying to pay for arrears on council rates to prevent the forced sale of your home, you must provide:

• a utility bill (such as for gas or electricity) less than 3 months old, in your name and that shows the address of the property.
• a letter from the council, addressed to you and stating all of the following:
  • the address of the property under threat of sale
  • that payment of an amount is overdue, and the council has begun action to foreclose or sell your home if the overdue amount isn’t paid by the due date
  • the current amount owing that must be paid in order to stop action to sell your property
  • the amount in arrears itemised for each year
  • that you owe a minimum of 2 years or more of council rates.

The letter must be:

• dated no more than 30 days before the date on your application
• on the council's letterhead.

Council rates paid by borrowing money

Where the council rates have been paid by borrowing money, you need to provide:

• the letter from your council that relates to the amount that was owing
• a utility bill (such as for gas or electricity) dated within 3 months of the council letter, in your name and that shows the address of the property.

There are also additional documents required to support the borrowed amount.

Other forced sale of property

If you're applying to prevent the forced sale of your home to satisfy an outstanding debt you owe another entity, you must provide all of the following documents:

• a utility bill (such as for gas or electricity) less than 3 months old, in your name and that shows the property's address
• a copy of the court order that lists you as the debtor and authorises an enforcement officer to sell your home to satisfy in full or in part the amount owing to another entity (creditor) as listed on the judgement
• a letter from the enforcement officer that states all of the following:
  • they will now proceed to sell your property in accordance with the court order
  • the address of the property they intend to sell
  • the current amount owing that must be paid in order to prevent the sale.

Where the outstanding debt has been paid by borrowing money, you need to provide:

• the letter from the enforcement officer that relates to the amount that was owing
• a utility bill (such as for gas or electricity) dated within 3 months of the letter from the enforcement office, in your name and that shows the address of the property.

There are also additional documents required to support the borrowed amount.