Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsA payment from an interest that supports a superannuation income stream is not a superannuation income stream benefit if:
(a) the conditions to which the superannuation income stream is subject allow for the variation of the amount of the payments of benefit in a year in circumstances other than:
(i) the indexation of the benefit under the rules of the product; or
(ii) the application of the family law splitting provisions; or
(iii) the commutation of the benefit (including commutation to pay a surcharge liability); or
(iv) the payment of an assessment of excess contributions tax; and
(b) the person to whom the payment is made elects, before a particular payment is made, that that payment is not to be treated as a superannuation income stream benefit.