Hardship for eviction that has already occured

Participant is living in her car due to being evicted last week. The plan uses the IRS safe harbor hardship standards which list a hardship may be taken to "prevent eviction or foreclosure". Is there a way for the participant to qualify  for a hardship on account of an eviction that has already occurred? She received a Court order of eviction for a date in the past - last month - but is just now applying for the hardship. Of course now she does not have rent, but needs money to live! Is there any way she can get a hardship at this point? Thanks!

If the eviction has already occurred, then it can not be prevented, ergo the payment could not be to "prevent eviction or foreclosure."

If the plan allows, there is always the "immediate and heavy financial need" facts-and-circumstances determination.

Unfortunately the retirement plan may not be the best source of aid for this participant in this situation.

1 hour ago, 30Rock said:

Participant is living in her car due to being evicted last week. The plan uses the IRS safe harbor hardship standards which list a hardship may be taken to "prevent eviction or foreclosure". Is there a way for the participant to qualify  for a hardship on account of an eviction that has already occurred? She received a Court order of eviction for a date in the past - last month - but is just now applying for the hardship. Of course now she does not have rent, but needs money to live! Is there any way she can get a hardship at this point? Thanks!

No, not for the safe harbor of preventing eviction or foreclosure.  Too late.