Early release of super
13 Dec 2024
In 2022-2023, the ATO received 75,600 applications for early release of superannuation, resulting in the approval of 41,800 applications, totalling $761.7m in funds withdrawn.1
What should you be aware of before you support a patient’s application for early release of superannuation; when should you support the application; and what are the medico-legal risks?
Eligibility
To be eligible for the compassionate release of superannuation, the patient must meet two conditions.
Firstly, the medical treatment must be necessary to:
- treat a life-threatening illness or injury (a medical condition likely to result in severe degeneration or death within 12 months);
- alleviate acute or chronic pain; or
- alleviate acute or chronic mental illness.
Secondly, the proposed medical treatment cannot be readily accessed through the public health system.
Application
To make an application, support is required from two medical practitioners (with at least one being a relevant specialist) who can each provide a report on the patient’s eligibility to access their superannuation early.
Eligible treatment includes:
- surgery
- psychiatric treatment
- medicinal drugs
- in-vitro fertilisation treatments
- dental treatment.
You must be comfortable that the proposed medical treatment is necessary for the purpose of managing a life-threatening condition, alleviating pain, or alleviating mental illness. The ATO provides guidance on how to complete the report.2
Overseas treatment
If the patient intends to access medical treatment overseas, there may be additional considerations before you provide a report in support of the treatment. The patient should consider the destination, healthcare facilities, qualifications and experience of medical providers, the proposed procedure, treatment aftercare and insurance. In the event the treatment goes wrong, there may be an implication that you approved the overseas treatment by supporting the application for early release of super.
Summary
Good Medical Practice: a code of conduct for doctors in Australia3 requires medical practitioners to be “honest and not misleading when writing reports and certificates, and only signing documents you believe to be accurate” – so you need to be certain the patient meets the eligibility criteria before providing a report. It is also important to remember that the other doctor providing a report may also be providing the treatment, and may therefore have a vested interest in the application being approved.
Managing requests for the compassionate release of superannuation can be difficult to navigate – particularly if you don’t feel comfortable providing the report. If you find yourself in a challenging situation with an unhappy patient, you should contact our Medico-legal Advisory team for further advice.
Reference
Stay updated with the latest medico-legal content |
Subscribe to MDA National’s biannual Member publication, Defence Update, for the latest medico-legal updates, articles and case studies.
Doctors Let's Talk: Get Yourself A Fricking GP
Get yourself a fricking GP stat! is a conversation with Dr Lam, 2019 RACGP National General Practitioner of the Year, rural GP and GP Anesthetics trainee, that explores the importance of finding your own GP as a Junior Doctor.
25 Oct 2022
Systematic efforts to reduce harms due to prescribed opioids – webinar recording
Efforts are underway across the healthcare system to reduce harms caused by pharmaceutical opioids. This 43-min recording of a live webinar, delivered 11 March 2021, is an opportunity for prescribers to check, and potentially improve, their contribution to these endeavours. Hear from an expert panel about recent opioid reforms by the Therapeutic Goods Administration and changes to the Pharmaceutical Benefits Scheme.
14 May 2021
Diplomacy in a hierarchy: tips for approaching a difficult conversation
Have you found yourself wondering how to broach a tough topic of conversation? It can be challenging to effectively navigate a disagreement with a co-worker, especially if they're 'above' you; however, it's vital for positive team dynamics and safe patient care. In this recording of a live webinar you'll have the opportunity to learn from colleagues' experiences around difficult discussions and hear from a diverse panel moderated by Dr Kiely Kim (medico-legal adviser and general practitioner). Recorded live on 2 September 2020.
05 Oct 2020
