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Your rights
When you can access your super before retirement — and when you shouldn't
Superannuation Industry (Supervision) Act 1993 (SIS Act), Superannuation Industry (Supervision) Regulations 1994
You can only access your super early in specific circumstances set out in law. The ATO or your super fund must approve the release. Accessing super illegally carries severe tax and legal penalties. Early release should be a last resort — it reduces retirement savings and is usually taxed.
This is general information, not financial or legal advice. For help with your specific situation, call the National Debt Helpline on 1800 007 007 (free, confidential).
The ATO can approve early release if you cannot meet specific expenses any other way: medical treatment, mortgage arrears to prevent foreclosure, funeral costs for a dependant, home modifications for severe disability, or palliative care. Apply via myGov (typically processed within 14 days).
If you have received Commonwealth income support continuously for 26+ weeks and cannot meet reasonable living expenses, your fund may release $1,000–$10,000. One withdrawal per 12-month period. You need a Q230 Financial Hardship letter from Centrelink (valid 21 days only).
If two registered medical practitioners certify you have a life expectancy of 24 months or less, you can access your entire super balance tax-free as a lump sum within the certification period.
If you are permanently unable to work due to physical or mental ill-health, you can access your full super balance with concessional tax treatment. Two medical practitioners must certify the permanent incapacity.
Super is generally protected from creditors in bankruptcy. Releasing it removes that protection. If your debts are unmanageable, bankruptcy or debt agreements may be a better option than accessing super.
SMSF rollover scams and fee-charging 'advisers' who promise early access are illegal. Penalties include the full amount being taxed as income, tax shortfall penalties, and up to 5 years imprisonment for promoters. Never share your myGov credentials. Report suspected schemes to the ATO on 13 10 20.
A financial counsellor can negotiate with companies on your behalf — for free.