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JakiL(Newbie)Newbie
17 Mar 2023

I had funds released from my superannuation 6 months ago under a compassionate application for medical treatment.

The funds were taken by my defacto partner before I was able to pay for the surgery which had been scheduled.

Needless to say - I was unable to proceed with the required surgery.

I am now separated and have made another application for compassionate release for the same condition (life threatening condition - new reports provided from GP/Specialist and itemised quote), but information from ATO suggests it will be rejected because of my previous application for the same procedure/condition.

I have been requested to provide further information (receipts etc) which I cannot do as I was not able to undergo the surgery.

Pursuing any civil litigation to attempt to retrieve the stolen funds would be frivolous and costly.


I understand the purpose of superannuation, and have been making co-contributions to my fund for many years. I was trapped in a domestic violence situation and I’m now in a position where I am unable to access this surgery.

What are my options here? If I provide a statutory declaration explaining what happened to me, would that make any difference?

(not seeking sympathy, but frank advice)


Thank you.

1,149 views
4 replies
1,149 views
4 replies

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Most helpful reply

AriATO(Community Support)Community Support
20 Mar 2023

Hi @JakiL


We've been in touch with our Super area. Keep an eye out for an email from us with further info.

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Compassionate release of superannuation for medical | ATO Community