Superannuation Related Claims
Most Australians have superannuation, but far fewer know that their super fund may also hold insurance cover that can pay out if they are seriously injured, permanently disabled, or diagnosed with a terminal illness. If your ability to work has been affected by illness or injury, your superannuation may be worth a great deal more than the balance shown on your statement.
Superannuation funds in NSW and across Australia are required by law to offer their members default insurance cover in most circumstances. This cover typically includes total and permanent disability insurance, life insurance, and in some cases income protection. Accessing these benefits requires navigating the fund’s trust deed, the policy terms, and the relevant superannuation legislation, which is where most people run into difficulty.
Who Can Claim
You may be eligible to make a superannuation related claim if you:
- Have been unable to work due to a serious injury, illness, or psychological condition
- Have suffered a permanent impairment that affects your ability to work in your usual occupation or any occupation
- Have been diagnosed with a terminal illness with a life expectancy of less than 24 months
- Are the dependant or legal representative of a superannuation member who has died
- Have had superannuation contributions made on your behalf and hold insurance cover through your fund
Both accumulation funds and defined benefit funds may hold relevant insurance cover, and some members hold multiple superannuation accounts with separate insurance entitlements.
How a Claim Works in NSW
Superannuation related insurance claims are governed by the Superannuation Industry Supervision Act 1993, the terms of your fund’s trust deed, and the specific insurance policy held by the fund on your behalf.
- Identify all superannuation accounts you hold, including any accounts you may have lost track of through the ATO’s MyGov service.
- Request copies of your fund’s insurance certificate of cover and product disclosure statement to understand what cover applies.
- Obtain medical evidence from your treating doctors supporting your claim.
- Lodge your claim with the fund’s trustee, who will assess it against the policy terms.
- If the claim is denied or the benefit offered is inadequate, dispute resolution is available through the Australian Financial Complaints Authority (AFCA) or the courts.
Why You Might Want a Specialist Lawyer
Superannuation trustees and their insurers have experienced claims teams and legal advisers. Most claimants do not. The definitions used in super insurance policies, particularly around total and permanent disability, are highly technical and interpreted strictly.
We help you:
- Identify every superannuation account and associated insurance cover you may hold
- Ensure your claim is supported by appropriate and comprehensive medical evidence
- Challenge fund decisions that deny or undervalue your entitlements
- Navigate AFCA dispute processes or court proceedings where necessary
What Compensation Could You Receive?
Depending on your policy terms, the nature of your condition, and your fund’s specific provisions, you may be entitled to:
- A lump sum total and permanent disability payment, which can range from tens of thousands to several hundred thousand dollars depending on your cover level
- Life insurance benefits payable to your dependants or estate
- Income protection benefits where your fund holds this cover on your behalf
- Early release of your superannuation balance on grounds of permanent incapacity or terminal illness
FAQ
I have multiple superannuation accounts. Do I need to claim through each one separately?
Yes. Each account is a separate fund with separate cover, and each claim needs to be lodged individually. This is one of the reasons getting proper advice is valuable, we identify every account and manage the process across all of them.
My fund says I don’t meet the definition of totally and permanently disabled. What does that actually mean?
The definition varies between funds but typically requires that you are unlikely ever to work again in either your own occupation or any occupation for which you are reasonably qualified by education, training, or experience. The interpretation of these definitions is frequently disputed, and funds sometimes apply them too narrowly. We can review your fund’s specific definition and advise on your prospects.
I was not working at the time I became disabled. Can I still claim?
Possibly. Some policies cover members regardless of their employment status at the time of the claim, while others impose restrictions. It depends on your specific policy terms, and it is worth getting advice before assuming you are excluded.
