53When Commission may make determination allowing early release of money

53 When Commission may make determination allowing early release of money

(1)  The Commission must not make a determination under regulation 52 that money is required for medical treatment unless 2 medical practitioners (at least one of whom must be a specialist) certify that –

(a) the medical treatment is necessary to –

(i) treat a life-threatening illness or injury; or

(ii) alleviate acute or chronic pain; or

(iii) alleviate an acute or chronic mental disturbance; and

(b) the treatment is not readily available to the Fund member, or the dependant, through the public health system.

(2)  The Commission must not make a determination under regulation 52 that money is required for medical transport unless the medical treatment for which the medical transport is required has been certified, under subregulation (1) , as necessary for a reason mentioned in subregulation (1)(a) .

(3)  The Commission must not make a determination under regulation 52 that money is required on the ground mentioned in regulation 52(4)(a)(ii) unless the Fund member provides the Commission with a written statement from the mortgagee that –

(a) payment of an amount is overdue; and

(b) if the Fund member fails to pay the amount, the mortgagee will –

(i) foreclose the mortgage on his or her principal place of residence; or

(ii) exercise its express or statutory power of sale over his or her principal place of residence.

(4)  A statement under subregulation (3) is to specify –

(a) an amount that is equal to 3 months’ repayments under the mortgage; and

(b) an amount that is equal to 12 months’ interest on the outstanding balance of the loan at the time the statement is made.