Skip to content
TEKVA
How it worksGuidesToolsInsightsAbout
Get support
Get support
Guides:SituationsYour rightsServices
  1. Guides
  2. /Your rights
  3. /Superannuation early release

Your rights

Superannuation early release

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).

Compassionate grounds release (via ATO)

SIS Regulations reg 6.19A

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).

Severe financial hardship release (via your fund)

SIS Regulations reg 6.01(5)

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).

Terminal medical condition — full balance tax-free

SIS Regulations reg 6.01(2), Income Tax Assessment Act 1997

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.

Permanent incapacity — full balance access

SIS Regulations reg 6.01(4)

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 protected in bankruptcy

Bankruptcy Act 1966 s116(2)(d)

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.

Illegal access schemes carry severe penalties

SIS Act s288, Treasury Laws Amendment (Tax Accountability and Fairness) Act 2024

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.

Need help asserting your rights?

A financial counsellor can negotiate with companies on your behalf — for free.

Generate a free hardship letterFind a counsellor

Other rights topics

Energy rights

Credit & loan rights

Phone & internet rights

Debt collector rules

Insurance rights

Fines & infringements

Housing & tenancy rights

TEKVA

Fast support and free tools for Australians in financial difficulty.

TEKVA

Fast support and free tools for Australians in financial difficulty.

Get support

Apply for supportHow TEKVA worksTypes of financial helpEligibility & rulesFinancial hardship FAQ

Resources

Just lost your job? Start hereDisplacement Field ManualFree hardship letter generatorJob loss action planFinancial runway calculatorFree financial hardship guidesKnow your financial rightsService directory

Get involved

DonatePartner with usHire with TEKVABecome a mentor

Company

About TEKVAImpactInsightsHow we use AIWhy nowAI Displacement MonitorContactPrivacyTermsLicensing

Financial counselling at TEKVA is delivered by FCAN-registered Financial Counsellors. Financial capability support is provided by Financial Capability Workers — distinct from financial counselling, with no credit advice or creditor negotiation. We also provide crisis triage, practical support, and referral coordination. We do not provide AFSL-licensed financial product advice, legal advice, or insolvency advice. Where specialist support is needed, we connect people to qualified professionals.

ACNC RegisteredDGR-1 Endorsed↗ABN 88 689 519 686

© 2026 TEKVA. All rights reserved.

·

L9, 151 Macquarie St, Sydney NSW 2000

Australian residents only