(1)  In this regulation –

child , in respect of a Fund member, includes a step-child of the Fund member;

dependant , in respect of a Fund member, includes –

(a) the spouse of the Fund member; and

(b) a child of the Fund member; and

(c) any other person with whom the Fund member has an interdependency relationship within the meaning of section 10A of the SIS Act;

medical transport means transport by land, water or air for the purposes of medical attention.

(2)  This regulation applies only to a Fund member who holds an account under regulation 48 or 49 .

(3)  A Fund member may apply to the Commission, in a form approved by the Commission, for a determination in accordance with this regulation for the early release of the whole or a part of an amount standing to the credit of the Fund member's account under regulation 48 or 49 .

(4)  Subject to Part 7 but despite any other provision of these regulations, the Commission may make a determination for the early release of the whole or a part of an amount mentioned in subregulation (3) if the Commission is satisfied that –

(a) the amount to be released is required –

(i) to pay for medical treatment or medical transport for the Fund member or a dependant; or

(ii) to enable the Fund member to make a payment on a loan, to prevent –

(A) foreclosure of a mortgage on the Fund member’s principal place of residence; or

(B) exercise by the mortgagee of an express or statutory power of sale over the Fund member’s principal place of residence; or

(iii) to modify the Fund member’s principal place of residence, or vehicle, to accommodate the special needs of the Fund member, or a dependant, arising from severe disability; or

(iv) to pay for expenses associated with the Fund member’s palliative care, in the case of impending death; or

(v) to pay for expenses associated with a dependant’s death, funeral, burial or, in the case of impending death, palliative care; or

(vi) to meet expenses for any other purpose which the Commission determines to be consistent with a ground mentioned in the preceding subparagraphs of this paragraph –

and in any such case the Fund member does not have the financial capacity to meet that expense or those expenses; or

(b) the Fund member is in severe financial hardship as mentioned in regulation 53(5)(a) or (b) .

(5)  In each 12-month period, beginning on the date of the first payment, the Commission may, under this regulation, pay by way of early release of a Fund member's benefit entitlement –

(a) a single lump sum that is to be –

(i) in respect of an amount released under subregulation (4)(a)(ii) , not more than the total of the amounts referred to in subregulation (4) ; or

(ii) in respect of a Fund member who is in severe financial hardship as mentioned in regulation 53(5)(a) , an amount not less than $1 000 and not more than $10 000 or, if the amount of the Fund member’s benefit entitlement is less than $1 000, the amount of that benefit entitlement; or

(iii) in respect of a Fund member who is in severe financial hardship as mentioned in regulation 53(5)(b) , an amount not more than the amount of his or her benefit entitlement; or

(b) in respect of any other amount released under subregulation (4) , such amounts with such frequency as the Commission considers appropriate after consideration of the relevant application and accompanying evidence.

(6)  An amount released under this regulation may be paid to any person as the Commission determines.

(7)  If the Commission has paid an amount by way of early release under this regulation, the Commission must reduce the balance of the relevant Fund member’s account or accounts under regulation 48 or 49 accordingly.

(8)  If the Commission is not satisfied that an applicant has established grounds for the early release of the whole or a part of his or her benefit, the Commission may decline to proceed with consideration of the application until the applicant has produced such relevant information as the Commission may require.