October 2026 · Client update
Three Questions Worth Asking About Your Super
A concession card many self-funded retirees assume they can't have, what happens to super when a relationship ends, and how much of it your adult children would actually keep.
Read the issue Book a free callSeniors Health Card
Income-tested, not assets-tested — and widely assumed to be out of reach.
Read more →Super & separation
Treated differently from other property, with consequences that surface years later.
Read more →What your children inherit
A Will doesn't decide it — the tax rules do, and the gap can run to six figures.
Read more →
01 · Concessions
The concession self-funded retirees miss
For most self-funded retirees, the concession card system looks like something built for other people. The Pensioner Concession Card belongs to Age Pensioners. The Health Care Card belongs to low-income earners. If you saved diligently and now draw an account-based pension without needing government support, you've probably accepted that you'll pay full price for everything.
That's usually wrong — and the Commonwealth Seniors Health Card is one of the more underused entitlements in Australian retirement.
The card sits alongside the pensioner card in the concession system, and its central design feature is that it exists for people who don't get the Age Pension. It is income-tested, not assets-tested — the reverse of what most self-funded households expect — and the thresholds have been indexed year on year, sitting well above what many retirees actually receive. A household drawing an account-based pension, with little assessable income outside super, can find itself under the threshold without ever realising it was close.
The four gates
Three are straightforward. You must have reached Age Pension age, which is 67 for anyone born on or after 1 January 1957. You must be an Australian citizen, permanent resident or Special Category Visa holder residing in Australia. And you must not be receiving the Age Pension or another qualifying payment — the card is designed to fill precisely that gap. The fourth gate is the income test, and that's where the planning conversation sits.
How the income test works
It combines "adjusted taxable income" with deemed income from account-based pensions. Adjusted taxable income starts with your taxable income and adds back items that would otherwise reduce it: reportable fringe benefits, reportable employer super contributions, total net investment losses such as negative gearing, certain tax-free pensions, and foreign income not otherwise counted. Its purpose is to stop someone reducing assessable income through structural arrangements while retaining substantial economic capacity.
Layered on top is deeming. Rather than counting what you actually withdraw, Services Australia assumes your pension balance earns income at set rates and adds that to the figure.
The numbers that matter
- Thresholds (20 September 2025 to 19 September 2026): adjusted taxable income under $101,105 for a single person, or $161,768 combined for a couple.
- Deeming rates (from 20 March 2026): 1.25% on the first $64,200 of financial assets for a single person or $106,200 for a couple, and 3.25% above.
- In practice: a single retiree with $1 million in an account-based pension and no other income has roughly $31,200 in assessable income. A couple with $2 million combined has around $62,900. Both sit comfortably under.
Grandfathering of pre-2015 pensions
Deeming applies to account-based pensions purchased or changed on or after 1 January 2015, and to any pension held by someone granted a card after 31 December 2014. Pensions predating both dates, held by long-standing cardholders, are grandfathered — deeming doesn't apply, and only actual drawings count. Since those drawings are tax-free after 60 and don't appear in adjusted taxable income, the pension effectively drops out of the test altogether.
Two retirees with identical $900,000 balances drawing the minimum can face very different assessments depending on whether the pension began before or after January 2015. In finely balanced cases, a two-month difference in start date decides eligibility. Grandfathering is also fragile: most restructures involving commuting and recommencing a pension lose it permanently, so it's worth advice before making a change rather than after.
Couples, and what catches people out
The card is issued per person, but couples are assessed on combined income. Where one partner has retired and the other is still working, that working income counts — so a household can lose eligibility on the strength of a salary the retired partner never thought to check against the test.
The moment that catches surviving spouses is the shift from couple to single after a partner's death. The threshold drops from the couple rate to the single rate, and where the survivor's own income sits between the two, the card can be lost even though their income hasn't changed at all.
What the card is actually worth
Federally, the anchors are the PBS concessional co-payment and the PBS Safety Net. The concessional co-payment sits at $7.70 per script against a general co-payment of $25.00 from 1 January 2026 — a direct saving of $17.30 on every PBS medicine filled. The Safety Net threshold also drops sharply for cardholders, so the point at which further prescriptions become free arrives much sooner.
State and territory concessions are where total value tips higher, and where it varies most — ambulance cover, energy rebates, vehicle registration, public transport and council rates all differ by jurisdiction. Cardholders in Sydney, Melbourne, Brisbane and Adelaide hold practically different cards despite identical plastic. Concessions change regularly and should be confirmed with your state authority.
References
- Services Australia — Commonwealth Seniors Health Card: who can get it; income test; adjusted taxable income; Energy Supplement. servicesaustralia.gov.au
- Pharmaceutical Benefits Scheme — fees, patient contributions and safety net thresholds. pbs.gov.au
- Department of Health, Disability and Ageing — PBS Safety Net and cost savings.
- Cheaper Medicines Act 2025 (Cth); National Health Amendment (Cheaper Medicines) Act 2025 (Cth).
- Wealth Adviser, Issue 143, August 2026 — "The Commonwealth Seniors Health Card: The Concession Self-Funded Retirees Miss".
02 · Family law
Superannuation and relationship breakdown
Superannuation is often a household's second-largest asset after the family home. It's also the asset most couples negotiate over in a separation with the least understanding of the rules.
Property is tangible. Bank accounts are visible. Super sits inside a regulated wrapper, is treated differently under family law, and is governed by a body of law most people never encounter until they need it.
The legal framework
Super splitting on relationship breakdown is governed by Parts VIIIB and VIIIC of the Family Law Act 1975, together with the Family Law (Superannuation) Regulations 2025, which replaced the 2001 regulations from 1 April 2025. Part VIIIB deals with married couples and Part VIIIC with de facto couples, and both now apply across all states and territories.
Three routes are available. A consent order, where the parties agree and the court formalises it, is the most common. A court-imposed order follows contested proceedings. The third is a superannuation agreement — a binding financial agreement dealing specifically with the super interest, where each party must receive independent legal advice for it to bind. That requirement regularly catches out couples who assume they can settle the matter with a signed piece of paper.
Not every interest can be split: interests of $10,000 or less currently fall outside the framework. Some can be flagged rather than split, preventing the trustee paying benefits until the flag is lifted.
The mechanics
Valuation comes first. For an accumulation account it's the balance at a specified date. For a defined-benefit interest it's calculated actuarially, and the figure can be substantially higher than the member expects, because it reflects a guaranteed future income stream rather than a notional balance. For members with long service in public sector schemes, defence super or older corporate funds, that value can dominate the household's asset picture in ways neither party anticipated.
Once valued, the split is expressed either as a base amount or as a percentage of the interest. The choice matters, because between the operative date and implementation the account keeps earning or losing. The proportioning rule applies as it does to any other super payment: tax-free and taxable components transfer in the same proportion they existed immediately before the split. And the money stays inside the super system — nobody receives cash.
Consequences that arrive later
- The split isn't taxed. A transfer under Part VIIIB or VIIIC is a rollover, not a withdrawal followed by a contribution.
- It doesn't use contribution cap space — but it does lift the receiving spouse's total super balance, which can restrict future non-concessional contributions.
- Centrelink reassesses from the date of separation, once notified — not from implementation or divorce. Moving to single thresholds can produce back-payments or debts.
The picture across life stages
The rules are identical at every age; the planning conversation isn't. For a couple separating in their 40s or 50s, super splitting is one element of a larger settlement and both have working years ahead to rebuild. For a couple in their late 50s or 60s, the rebuild window is shorter and retirement timing becomes central.
Consider a household where the working member holds $1.4 million in super and the other, who left work to raise children, holds $200,000. A 60/40 split of the combined pool in favour of the non-working member transfers roughly $760,000 — and both then enter retirement with less than they'd expected and less time to react.
If you hold an SMSF together
Separating members are almost always both trustees, and both continue to owe their statutory duties throughout. Trustees who let disputes about the marriage bleed into disputes about the fund can breach super law on top of everything else.
The bigger problem is usually the illiquid asset. Where the fund holds property, both parties want their share out and neither wants to sell. The options — sell and distribute, transfer the asset to one party's new fund, or split it into tenants-in-common interests — are all workable and none are simple. Settling on the wrong one without advice can lock in tax and Centrelink consequences years down the track.
The parties who fare best bring both a family lawyer and a financial adviser into the conversation from the outset. The ones who fare worst settle first and consult the adviser afterward.
References
- Family Law Act 1975 (Cth), Parts VIIIB and VIIIC; Family Law (Superannuation) Regulations 2025 (Cth); Family Law Amendment Act 2024 (Cth). austlii.edu.au
- Attorney-General's Department — superannuation splitting and changes to the law. ag.gov.au
- Income Tax Assessment Act 1997 (Cth), s 126-140; Superannuation Industry (Supervision) Act 1993 (Cth), SIS Regulations Part 7A.
- Services Australia — separation and Centrelink; Social Security Guide 4.9.6.10.
- Wealth Adviser, Issue 143, August 2026 — "Superannuation and Relationship Breakdown".
03 · Estate planning
What your adult children actually inherit
Take a couple in their late sixties with $800,000 in combined super, four-fifths of it taxable component. In their own hands the distinction is invisible — withdrawals after 60 are tax-free either way.
Now shift the frame. Both parents have died and the balance passes to their adult son, who isn't a dependant for tax purposes. On a $640,000 taxable component paid directly from the fund, the withheld tax is around 17 per cent — roughly $109,000.
Routed through the estate instead, it's around 15 per cent, or $96,000. Either way, tens of thousands of dollars the parents assumed were being passed on aren't. That gap is what this article is about — not the mechanics of a tax bill after the fact, but the decisions available now that change what actually flows through.
What the tax actually is
Death benefits are taxed by reference to two things: the components inside the account, and the status of the person receiving them. The tax-free component passes to any beneficiary tax-free. Where the recipient is a death benefits dependant, the whole payment is tax-free regardless of components. Where they aren't, the taxable-taxed element is taxed at a maximum of 15 per cent plus the Medicare levy where applicable.
The levy turns on the payment route. Paid directly to a non-dependant, it applies and the effective rate sits at 17 per cent. Paid to the legal personal representative for distribution through the estate, no levy is deducted and the rate is 15 per cent. Two percentage points is real money on a substantial balance — though money passing through an estate is exposed to creditors and family provision claims in a way a binding nomination isn't.
The dependant definition
Under section 302-195 of the Income Tax Assessment Act 1997, a death benefits dependant covers only four categories: a spouse or former spouse including de facto, a child under 18, someone in an interdependency relationship at the time of death, and someone financially dependent at the time of death.
The most common assumption to get wrong is that beneficiaries under a Will inherit as tax dependants. They don't — being named in a Will has no bearing on the tax classification, and financially independent adult children sit almost always outside the category. An interdependency relationship requires four elements present at the time of death, and the ATO has said repeatedly that the required close personal relationship would not normally exist between a parent and an adult child.
The three levers
- Who receives the money. Ensuring a surviving spouse takes the benefit first, or directing it through the legal personal representative — each with its own trade-offs.
- What the money is made of. Recontribution strategies shift taxable component into tax-free component, within the caps and balance limits that apply.
- How much is still in super. Drawing down through retirement, life cover held outside super, and which assets sit inside the system.
Recontribution, and why the mechanics matter
The idea is simple: withdraw a lump sum, which carries tax-free and taxable components in the same proportion as the account holds them, then recontribute it as a non-concessional contribution — which becomes tax-free component.
The gates are real. The withdrawal generally requires a condition of release with unrestricted access, which for most retirees means being 60 and retired, or having reached 65. The recontribution must fit within the non-concessional cap — $130,000 in 2026–27, or up to $390,000 under the bring-forward rules for those under 75 with a total super balance below the relevant threshold — and requires a balance at the prior 30 June below the general transfer balance cap of $2.1 million.
Where the recontribution is significant, the tax-free money is usually kept in a separate super interest, contributed to a separate accumulation account before a pension commences from it so the new pension crystallises at 100 per cent tax-free component. Blending it into an existing balance that already holds taxable component defeats the exercise.
When it doesn't apply
For a substantial share of readers, this describes a problem they don't have. Where a surviving spouse takes the benefit and draws it down through their own retirement — spending it, meeting care costs, funding residential care — there may be very little super left when the second death occurs. The tax rate on nothing is nothing.
The difficulty is that the strategies work best set up years before they're needed, at a stage when the household doesn't yet know how much super will actually reach the next generation. That's the conversation worth having — not the rule, but the balance of probabilities and the timing of the levers against your own likely path through retirement.
References
- Income Tax Assessment Act 1997 (Cth), sections 302-140, 302-145, 302-195, 302-200. austlii.edu.au
- Australian Taxation Office — paying superannuation death benefits; taxation of super benefits; terminal medical condition access; key rates and thresholds. ato.gov.au
- Heffron — non-concessional contributions 2026/27 caps; recontribution strategies. heffron.com.au
- MLC Technical — planning super death benefit payments for non-tax dependants (October 2025).
- Wealth Adviser, Issue 143, August 2026 — "The Super Death Benefits Tax: What Your Adult Children Actually Inherit".
Ask a question
Frequently asked
I've named my adult children as beneficiaries of my super. Will they receive it tax-free the way I would in retirement?
Not necessarily. Super isn't automatically part of your estate, and how it's taxed on your death depends on what the super is made up of and who receives it.
The tax-free component always passes tax-free. The taxable component is only tax-free where the recipient is a death benefits dependant — a narrowly defined term covering your spouse, a child under 18, someone in an interdependency relationship with you, or someone financially dependent on you at the time of death. Financially independent adult children almost always fall outside it, regardless of what your Will says.
Where an adult child receives the taxable component directly from the fund, tax is generally withheld at 15% plus the Medicare levy. Directing the payment through your estate avoids the levy but exposes the money to claims against the estate.
I'm a self-funded retiree and don't receive the Age Pension. Could I still qualify for a concession card?
Yes, you may. The Commonwealth Seniors Health Card exists specifically for retirees who don't receive the Age Pension.
You generally need to have reached Age Pension age (67 for anyone born on or after 1 January 1957), be an Australian resident, and pass an income test. There is no assets test at all — the reverse of what many self-funded retirees expect. A household with substantial super, an owner-occupied home and modest actual income can still qualify.
The income test combines adjusted taxable income with deemed income from account-based pensions. For couples, combined income is assessed against the couple threshold, so a working spouse's earnings can affect eligibility even when only one member has reached Age Pension age. Assuming ineligibility is not the same as being ineligible.
I've heard super can be split when a couple separates. How does that actually work?
Super can be split as part of a property settlement, and the rules now apply consistently to married and de facto couples across Australia. There are three main routes: a consent order, a court-imposed order after contested proceedings, or a superannuation agreement, which requires each party to obtain independent legal advice.
Valuation comes first. For an accumulation account that's the balance at a specified date; for a defined-benefit interest it's worked out actuarially and can be substantially higher than the member expects.
A family law split is treated as a rollover rather than a contribution, so it isn't taxed and doesn't count against the receiving spouse's contribution cap, though it does increase their total super balance. Centrelink treats each former partner as single from the date of separation once notified.
With all these topics, there is no single "right" choice. Your personal situation matters, and you should seek advice from a licensed financial adviser to understand what is most appropriate for you.
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None of these situations has one answer that applies to everyone. Your age, relationship status, super structure, income and family circumstances all affect what may be appropriate. The value is in understanding the options before you need to make a decision.
Book a free consultationThis page contains general information only. It does not take into account your objectives, financial situation or needs, and it is not personal advice. Rates, thresholds and rules referred to were current at the time of writing and change regularly — confirm current figures with Services Australia or the ATO. Before acting on any information here you should consider whether it is suitable for you, and consider consulting a suitably qualified financial, tax and/or legal adviser. Before investing in any financial product you should obtain and read a Product Disclosure Statement. Prepared by Select Advice Financial Planning drawing on Wealth Adviser, Issue 143 (August 2026). Select Advice Financial Planning — Melbourne | Brisbane | Sydney.