Superannuation & TPD Claims

Early Release of Super — Access Your Savings When You Need Them Most

Superannuation can be accessed before retirement in certain serious circumstances — but the eligibility criteria are strict and the process can be complex. We connect you with specialist superannuation lawyers and advisers who can guide you through compassionate grounds, hardship, and terminal illness applications.

Free consultation Superannuation law specialists No upfront fees

⚠ Early release applications have strict eligibility requirements and processing timelines — submit your request now.

Does This Sound Like You?

Common situations we help with.

Applying for compassionate grounds early release

You need to access your superannuation to pay for medical treatment, palliative care, mortgage arrears to avoid foreclosure, or modifications to accommodate a disability. Compassionate grounds releases are assessed by the ATO and require strict supporting documentation. A lawyer can help you prepare a complete and accurate application to maximise the chances of approval.

Severe financial hardship application

You have been receiving eligible government income support payments for 26 continuous weeks and cannot meet your immediate living expenses. The financial hardship ground under the SIS Act has specific requirements about what counts as "immediate" living expenses. Getting the application right is important because funds can and do reject applications that do not meet the criteria.

Terminal illness — wanting to access super early

You have been diagnosed with a terminal illness with a life expectancy of 24 months or less, as certified by two medical practitioners (at least one a specialist). Early release on terminal illness grounds allows you to access your super tax-free and make important financial decisions for yourself and your family while you are able to do so.

Temporary incapacity and wanting to access super

You are temporarily unable to work due to a physical or mental medical condition and want to access income payments from your super fund's income protection or temporary incapacity cover. This is different from a TPD claim — it is an income stream while you are temporarily off work, not a lump sum. Understanding what your fund offers and how to access it can make a significant difference to your financial stability.

ATO approved but the fund is not releasing the money

The ATO has approved your compassionate grounds application but the super fund is delaying or refusing to release the funds, citing reasons that seem unjustified. Once an ATO approval is issued, the fund is required under the SIS Act to release the approved amount. A lawyer can write to the fund to demand compliance and, if necessary, lodge an AFCA complaint.

Uncertain whether you are eligible for early release

You are not sure whether your circumstances meet the requirements for any of the early release grounds. The eligibility criteria are specific and applying under the wrong ground — or with insufficient documentation — can result in an unnecessary refusal. Getting legal advice before you apply can save significant time and avoid adverse outcomes.

Get Your Situation Assessed — Free

How It Works

Three steps to access your superannuation early

Navigating the ATO and your super fund's requirements is easier with expert help. Our process connects you with a specialist who can guide your application from start to finish.

Submit Your Early Release Request
1

Submit your request

Tell us about your circumstances — your health situation, financial position, and what you need super access for. Completely confidential.

2

Matched to a superannuation specialist

We connect you with a lawyer or specialist adviser experienced in early release applications for your specific ground — compassionate, hardship, or terminal illness.

3

Free consultation — know your eligibility

The specialist will assess whether you are likely to qualify, explain the process and documentation required, and advise on the best way to proceed.

6 Grounds

Recognised early release grounds under the SIS Act — from compassionate to terminal illness and financial hardship

All 8 States

Requests matched to specialist lawyers across every state and territory in Australia

Free

Initial consultation — understand your rights and options before committing to any action

ATO + Fund

Specialists who understand both ATO approval processes and super fund obligations under the SIS Act

Before You Apply

Practical questions about early release of superannuation.

What are the recognised grounds for early release of superannuation? +

The Superannuation Industry (Supervision) Act 1993 (SIS Act) permits early release on several grounds: compassionate grounds (medical treatment, mortgage arrears, modifications for severe disability, palliative care, or funeral expenses); severe financial hardship; terminal medical condition; temporary incapacity (income stream from insurance within the fund); permanent incapacity (TPD); and for funds with specific provisions, other grounds specified in the trust deed. Each ground has strict eligibility criteria that must be met before the fund is permitted to release the benefit.

What is the ATO's role in approving compassionate grounds early release? +

Applications for early release on compassionate grounds are made through the ATO, which assesses whether the applicant meets the eligibility criteria. The ATO requires supporting documentation from medical practitioners and, in the case of mortgage arrears, from your lender. Once the ATO approves the application, the approval notice is provided to your super fund, which is then obligated under the SIS Act to release the approved amount. The ATO does not approve the amount to be released — it simply confirms eligibility, and the fund calculates the actual amount.

What is the financial hardship eligibility test for early release of super? +

To access super on financial hardship grounds, you must have been receiving eligible Commonwealth income support payments continuously for 26 weeks and be unable to meet reasonable and immediate family living expenses. Applications are made directly to your super fund (not the ATO). The fund may request evidence of your Centrelink payments and details of your expenses. There is a limit on how much can be released — generally between $1,000 and $10,000 — and you can only apply once in any 12-month period. Funds that are preservation age plus 39 weeks have a separate pathway for those nearing retirement.

Can I access income protection payments from inside my super fund if I can't work temporarily? +

Many super funds hold group income protection (IP) insurance within the fund for their members. If you are temporarily unable to work due to illness or injury, you may be entitled to income replacement payments from this insurance — these are paid as a regular income stream rather than a lump sum, and are subject to a waiting period (usually 30–90 days). These payments are distinct from a TPD claim and are taxed as income. Checking whether your fund holds IP cover and understanding your entitlements requires a review of your fund's insurance certificate and product disclosure statement.

How much can be released under each early release ground? +

Amounts differ by ground. Compassionate grounds releases are generally limited to the cost of the specific expense (for example, the actual medical treatment cost or the amount of mortgage arrears). Financial hardship releases are capped at $10,000 (minimum $1,000). Terminal illness and permanent incapacity releases allow access to the full preserved benefit. Temporary incapacity payments are income streams limited to what your fund's insurance provides. Tax implications also vary — terminal illness releases are tax-free, while other releases may be taxed depending on your age and the components of your super balance.

What tax applies to money released early from superannuation? +

The tax treatment of early release super depends on the ground for release, your age, and the components of your super balance (taxed and untaxed elements). Terminal illness releases are entirely tax-free. Financial hardship and compassionate grounds releases for individuals under age 60 are generally taxed at your marginal rate less a 15% offset for the taxed element. Payments to those aged 60 and over are typically tax-free. Income protection payments via the fund are taxed as ordinary income. Seeking financial advice before a release can help you understand the after-tax outcome.

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