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Early Super Access - Maternity Leave

Newbie

Views 2273

Replies 6

Are you classed as unemployed if you are on Maternity Leave and have finished receiving the government 18 weeks pay?
If so, does that mean I can access early super as I’m unemployed until I return to work.

I have read criteria but it doesn’t clarify maternity leave.
1 ACCEPTED SOLUTION

Accepted Solutions

Most helpful response

ATO Community Support

Replies 0

Hi @leahh 

 

The Fair Work Ombudsman will be able to give you the correct information about your employment status.

 

Thanks, Ari

6 REPLIES 6

Most helpful response

ATO Community Support

Replies 0

Hi @leahh 

 

The Fair Work Ombudsman will be able to give you the correct information about your employment status.

 

Thanks, Ari

Newbie

Replies 4

Did you get this answered at all?

Newbie

Replies 3

Unfortunately no I haven’t got an answer 😟

Former Community Support

Replies 2

Hi @leahh and @Csw68578

 

Thanks for reaching out to ATO community. Sorry for the delayed response, I hope the situation has been sorted, if not I hope this information helps you.

 

We have published a knowledge base article which contains further information in relation to Early release of super. To receive early access to super you need to meet the eligibility criteria, see Eligibility information on our website.

 

Eligible Australian and New Zealand citizens and permanent residents are able to apply for early release, they must satisfy one or more of the following requirements:

  • You are unemployed.
  • You are eligible to receive a job seeker payment, youth allowance for jobseekers, parenting payment (which includes the single and partnered payments), special benefit or farm household allowance.
  • On or after 1 January 2020, either
    • you were made redundant
    • your working hours were reduced by 20% or more
    • if you were a sole trader, your business was suspended or there was a reduction in your turnover of 20% or more.

 

Due to COVID-19 workplace entitlements and obligations have changed for employees and employers.

 

Fair Work has provided additional guidance on employee and employer obligations during this time – see JobKeeper changes to the Fair Work Act which may assist you in defining your circumstances of employment.

 

While the ATO administers the law, it does not create it.  If you have concerns with your employment and conditions of work - please contact Fair Work Australia.

 

I hope this information is helpful and you all remain well during this time.

MariR

 

 

Newbie

Replies 1

Many thanks.

Can you please confirm if I finished work (went on maternity leave for 12 months) on 22nd January but didn’t start receiving my paid parental leave payment (18 weeks) from Centrelink until 15th February am I eligible?

I don’t want to apply unless I get a straight yes or no answer as I don’t want to be fined if I am not eligible.

I’m hopeful we are eligible as we are receiving government parent payment for maternity leave (18 weeks) which is less than the job keeper.

Thanks again

ATO Community Support

Replies 0

Hi @leahh,

 

Thank you for reaching out to us. To apply for Early access to your Super you need to meet at least one condition. You have until 30 June 2020 to apply for the 2020FY. You may also apply from 1 July 2020 for the 2021FY.


Under Assessing your eligibility it advises - You do not need to attach evidence to support your application. However, you should keep records and documents to confirm your eligibility as we may ask you for this information.
 
The website also advises - 'Individuals financially affected by COVID-19 can access some of their superannuation early. Individuals will not need to pay tax on amounts released and will not need to include it in their tax return.
 
The application is available through ATO online services in myGov.'
 
It is up to the individual to self assess. The treasury website has a fact sheet in relation to accessing Super early. It also provides some examples. If you meet a condition you can apply.

 

If this does not answer your enquiry, we will likely have more info on this soon so please keep an eye on our forum and website, etc.
 
Hope this helps.

 

Regards,

Jodie2.