16Payments of a particular character that are not splittable payments

16 Payments of a particular character that are not splittable payments

(1) Each of the payments mentioned in subsection (2) in respect of a superannuation interest of the member spouse: (a) is prescribed for the purposes of subsection 90XE(2) and 90YG(2) of the Act; and (b) as a result, is not a splittable payment for the purposes of all payment splits in respect of the superannuation interest.

Note: The payment will not be a splittable payment generally, rather than only not being a splittable payment for a particular payment split (see subsection 90XE(2) or 90YG(2) of the Act).

(2) The payments are as follows: (a) a payment of benefits to the member spouse that is made following a determination, under subregulation 6.19A(1) of the SIS Regulations or subregulation 4.22A(1) of the RSA Regulations, that a condition of release of the benefits on a compassionate ground has been satisfied; (b) a payment to the member spouse that is made because the member spouse is taken to be in severe financial hardship; (c) a pension payment to the member spouse that is paid on the basis of temporary incapacity (within the meaning of regulation 6.01 of the SIS Regulations), other than a payment that is: (i) one of a series of payments of that kind that have been paid to the member spouse for a period of at least 2 years and is made more than 2 years after the first such payment of that series; or (ii) a payment to which paragraph (g) of this subsection applies; or (iii) a payment from a lifetime pension; (d) if the superannuation interest is in a superannuation fund that is not a regulated superannuation fund—a payment to the member spouse that is made on compassionate grounds as provided by the governing rules of the plan; (e) if the superannuation interest is in a superannuation annuity that is a deferred annuity—a payment to the member spouse that is made on compassionate grounds under a term of the annuity; (f) if the superannuation interest is in the superannuation scheme constituted by the Superannuation Act 1976 or the Superannuation Act 1990—a payment to the member spouse that is made: (i) during any period in which the member spouse’s health is being assessed for the purpose of determining the member spouse’s eligibility for payment on the ground that the member spouse is totally and permanently incapacitated; or (ii) because the member spouse’s salary or other remuneration, or hours of employment, have been reduced because of ill health; (g) if the superannuation interest is in the superannuation scheme continued in existence by the Superannuation (State Public Sector) Act 1990 (Qld)—a pension payment to the member spouse that is: (i) an income protection benefit paid under section 50 of the Participation Schedule; or (ii) an incapacity benefit to which the member spouse is entitled under paragraph 136(b) of the Participation Schedule; or (iii) an incapacity pension to which the member spouse is entitled under paragraph 199(b) of the Participation Schedule;