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26 Mar 2025

Hi,

My husband recently had his compassionate super release for surgery approved, and paid out by his super company.

However his super was around 4K short (was due to be paid out 32k but was only paid out 28k).

We have since had to borrow from a family member to pay the remaining surgical amount, which has since placed us into hardship trying to repay back.


I know you can use your spouses super - can I use his approval letter to withdraw the remaining amount from my super?


Or will an entirely new application need to be approved by the ATO?


Or, can I resubmit his current application but with just a request for the 4k that was not paid out?


Thank you for any and all advice.

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Most helpful reply

26 Mar 2025

Hi @Mrs.cee.emm,


Interesting situation and will depend on a few things.


First, was the super only paid out at 28k because that's all they had in their superfund? Or did it only get approved for 28k out of the 32k applied for?


I'm guessing from your OG question, it was because they didn't have enough in their super, but covering all bases anyway.


You could apply for the remaining 4k in a spousal application, but if you used ATO medical reports, then you'll need new ones to show you're the applicant and your spouse is the patient.


If you're applying to repay the borrowed money from family/friends then that'll be extra evidence that'll need to be provided, and you will only get back what you haven't already repaid anyone.


As for using their approval letter to access your own super? Alas, that's a no, as the superfund will only release to the person named in the approval letter. 🍀

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Most helpful reply

26 Mar 2025

Hi @Mrs.cee.emm,


Interesting situation and will depend on a few things.


First, was the super only paid out at 28k because that's all they had in their superfund? Or did it only get approved for 28k out of the 32k applied for?


I'm guessing from your OG question, it was because they didn't have enough in their super, but covering all bases anyway.


You could apply for the remaining 4k in a spousal application, but if you used ATO medical reports, then you'll need new ones to show you're the applicant and your spouse is the patient.


If you're applying to repay the borrowed money from family/friends then that'll be extra evidence that'll need to be provided, and you will only get back what you haven't already repaid anyone.


As for using their approval letter to access your own super? Alas, that's a no, as the superfund will only release to the person named in the approval letter. 🍀

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Compassionate super release - can my husband use my super? | ATO Community