20Circumstances when payments are not splittable payments

20 Circumstances when payments are not splittable payments

(1) Subsection (2) applies to a payment in respect of a superannuation interest of a member spouse if: (a) a superannuation agreement, flag lifting agreement or splitting order applies to the superannuation interest; and (b) the payment is made after the requirements of: (i) a Subdivision of Division 3 or 4; or (ii) Division 5; are met for the non‑member spouse’s entitlement under that agreement or order in respect of the interest. (2) For the purposes of subsection 90XE(2) or 90YG(2) of the Act, the payment is prescribed for the purposes of applying Part VIIIB or VIIIC of the Act to that agreement or order.

Note: This means the payment is not a splittable payment for those purposes.