New time limits for TPD complaints

22 November 2013 | Super Claims Australia

– by Adam Tayler

AdamT

Superannuation

As part of the Government’s Stronger Super reforms recently there have been some changes made to the Superannuation (Resolution of Complaints) Act 1993 by the Superannuation Legislation Amendment (Services Providers and Other Governance Measures) Act 2013 legislation that administers the operation of the tribunal.

These changes have included new time limits apply where the trustee’s decision is made on or after 1 July 2013. If a trustee’s decision was made on or after 1 July 2013, the Tribunal can only deal with a complaint about a decision of a trustee of a fund relating to the payment of a disability benefit because of total and permanent disablement (TPD) in the following circumstances:

  • if you permanently ceased employment and lodged a claim because of a physical or mental condition for a TPD benefit, then both your claim for the TPD benefit payment was made to the trustee within 2 years of you permanently ceasing employment and you lodged your complaint to the Tribunal within 4 years of the trustee’s decision about your claim.
  • if you did not permanently stopped working and lodged a claim because of the physical or mental condition for a TPD benefit payment and your complaint is made to the Tribunal within 6 years after the the trustee’s decision about your claim.
  • f you permanently ceased employment and lodged a claim because of a physical or mental condition for a TPD benefit, your claim for the payment of a TPD benefit was made to the trustee within 2 years of you permanently ceasing employment; AND
  • your complaint is made to the Tribunal within 2 years of the trustee’s decision about your claim.

For more information on these changes please visit the Superannuation Complaints Tribunal website.

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