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Superannuation & TPD - Overview

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Subject to certain limitations, since 1992 Australian employers have been obliged to contribute to employees’ superannuation funds.

All super funds have death benefits which can be claimed by a terminally ill policy holder or by a surviving spouse, partner, or dependents. In addition many funds provide benefits such as lump sum payments for Total and Permanent Disability (TPD), payment for Total and Temporary Disability (TTD), income protection, trauma insurance and mortgage protection insurance.

Superannuation benefits are usually claimed on retirement. However, in some circumstances, if you are unable to work because of an accident of illness, you are able to claim these benefits earlier. Examples of where you can claim include:

  • You have a terminal illness.
  • You cannot work (permanently or temporarily).
  • You have been on Centrelink and cannot pay your living expenses.
  • You cannot pay your mortgage and need to access money to prevent your house being sold.
  • You need to pay for modifications to your car or house as a result of disability.
  • You need to pay medical or funeral expenses.

Often the circumstances of your illness/accident are not relevant to your ability to claim. Depending on your claim, the entitlements may be a lump sum or weekly payments. These do not normally affect your retirement entitlements and can be claimed in addition to payments from TAC, Work Cover or similar authorities.

However, the lodging of these claims can be complex. People often have multiple super funds which all have their own terms and conditions. Timelines for submission of claims or disputing fund decisions do apply. These claims take months to assess and there can be waiting periods. It is important appropriate documents be supplied to speed up the process.

Accordingly we suggest you urgently contact a lawyer at National Compensation Lawyers (NCL) so that we can provide appropriate advice and progress your claim to ensure the prompt payment of all entitlements.

National Compensation Lawyers offer visiting services throughout Victoria. In addition, if you have an illness or injury which causes you to remain in hospital or leaves you housebound, we will come to you.  

National Compensation Lawyers act on a “No Win, No Fee basis. Simply put, this means that if we do not win, you do not pay our legal fees. Please read more about superannuation and TPD claims in our FAQ section.

Our Commitment to You

National Compensation Lawyers are Fearless. We will take on superannuation funds and their lawyers.

National Compensation Lawyers are Determined. We will fight to ensure you receive your maximum compensation entitlements.

National Compensation Lawyers are Compassionate. We genuinely care. We will guide you through the claim or legal process with patience and understanding.

For more information or to arrange an obligation-free consultation with your lawyer please call us on 1300 FEARLESS (1300 332 753).