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TOTAL
AND PERMANENT DISABLEMENT CLAIMS (TPD)
Under
your superannuation policy you may have an entitlement to
a lump sum if you have been assessed as being TPD.
Your
superannuation policy may be one that your employer set
up for you or you may have your own private superannuating
policy.
If
you have suffered a serious injury, are unable to work,
and are unlikely ever to be able to return back to work,
you may have an entitlement under a superannuation policy
for a TPD payment.
The
exact criteria for that payment is set out in your superannuation
policy. The amount of that payment is again set out in the
policy.
Usually
the lump sum payment is not subject to income tax.
If
your claim for a TPD payment has been denied you can dispute
that decision.
We
specialise in and have experience in assisting people who
are in dispute with a superannuation company over the payment
of a TPD claim. We can help you with resolving the dispute.
This may require making an application to the Superannuation
Complaints Tribunal and/or to a Court.
We
provide advice that is in your best interests.
The
terminology in superannuation policies tends to be complex
and sometimes difficult to understand. Strict time limits
apply with disputing decisions in relation to TPD payments.
If you do not comply with the time limits your entitlements
may be adversely affected.
For
further enquiries contact Gary Allison, Tim White or Donna
Benge.
DECEASED CLAIM
A
superannuation policy may provide for a payment to be made
upon the death of a partner or family member. The policy
will usually identify who the dependent person or persons
are that can receive the payment.
If
a partner or family member has died and you were financially
dependent on that person, you may be entitled to a payment
under the deceased’s superannuation policy.
The
trustee of the superannuation fund will make a decision
as to who is a dependent of the deceased person. Alternatively
the deceased may have made a nomination as to who was to
be determined as the dependent.
The
amount of the lump sum payment to a dependent is set out
in the relevant superannuation policy. The amount of that
payment can vary considerably depending on the policy.
If
you are a dependent of a deceased person you may have an
entitlement under their superannuation policy. To determine
this you must initially lodge a claim with the superannuation
fund manager.
If
your claim has been denied you can dispute that decision.
The
decision can be disputed either through the Superannuation
Complaints Tribunal or through a Court.
Strict
time limits apply with this type of claim of dependency
under a superannuation policy. If you do not comply with
the time limits your entitlements may be adversely affected.
We
will act in your best interests and ensure that the claim
is assessed reasonably and fairly by the trustee.
For
further enquiries contact Gary Allison, Tim White or Donna
Benge.
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