Taxation Administration Regulations 2017

PART 4 - OTHER TAXES (CHAPTER 3 IN SCHEDULE 1 TO THE ACT)  

Division 3 - Financial hardship  

SECTION 61A   FINANCIAL HARDSHIP DETERMINATION  

61A(1)    
For the purposes of subsection 138-10(2B) in Schedule 1 to the Act, the Commissioner is to determine that an individual has suffered a financial hardship if, and only if:

(a)    the individual requests the Commissioner to make such a determination at the time when the individual requests a first home super saver determination; and

(b)    the individual has previously held one or more property interests specified in paragraph 138-10(2)(a) in Schedule 1 to the Act; and

(c)    the Commissioner is satisfied that:

(i) the individual suffered a financial hardship that resulted in the individual ceasing to hold any such property interests held at the time of the hardship; and

(ii) the individual has not held any other such property interests since that time.

61A(2)    
In determining whether to make a determination that an individual has suffered a financial hardship, the Commissioner may have regard to the information provided by the individual and any other information that the Commissioner considers relevant.