Superannuation & Disability Claims

Why engage Sheehan & Co. to make a claim on your behalf for a deceased person's superannuation death benefits?  

Making a claim for your loved one's superannuation death benefits can be a stressful experience for you, particularly as you may be concerned about your own financial circumstances. It may appear to you that the process to claim superannuation death benefits is complex. However, we will work with you to simplify the process so that your claim may be finalised in a smooth and timely manner.


What are superannuation death benefits?

Superannuation death benefits consist of the following:

  • the deceased member's account balance held in his or her superannuation fund. The account balance may include compulsory contributions made by the deceased member's employer and/or voluntary contributions made by the deceased member, as well as any other amounts which have been rolled over from other superannuation funds (less than applicable charges and taxes); and

 

  • the amount payable under any life insurance policies. The amount of any insurance benefit is dependent upon the level of cover taken out under that insurance policy attached to the deceased member's superannuation account.  


Who is eligible to claim a deceased member's superannuation death benefits?

The Trustee of a superannuation fund must pay the deceased member's superannuation death benefits to a "dependant" of the deceased member and/or the executor of the deceased's Will (also known as the "legal personal representative") pursuant to the Superannuation Industry (Superannuation) Act 1993 (Cth) ("SIS Act"), the superannuation fund's Trust Deed under which the superannuation fund operates and Income Tax Assessment Act 1997 (Cth).

In order to make a claim for a deceased member's superannuation death benefits, you must fall within the definition of "dependant" under the SIS Act. 

We can advise you as to whether you are eligible to make a claim.  


Our services in this area are tailored to achieve better outcomes for you

Should you instruct us to assist you in making a claim for a deceased member's superannuation death benefits, we will obtain full instructions from you regarding your circumstances and prepare submissions in support of your claim for the Trustee's consideration.

We are aware of the considerations which the Trustee will look at in making a decision in relation to your claim and submissions prepared by us will be tailor-made to address those factors.


Why engage Sheehan & Co. to make a claim for disability benefits under your superannuation account?  

Your superannuation account is likely to contain provision for you to receive benefits should you become sick or injured. This type of insurance is called Permanent and Disablement Insurance and the premiums are usually paid from your superannuation account.

The benefits payable to you under the insurance policy may include a lump sum payment or ongoing benefits.

In addition, if you have separate income protection, sickness or accident insurance policy/ies, you may be entitled to claim under those policies as well.


Our services in this area are tailored to achieve better outcomes for you

Should you instruct us to assist you in making a claim for disability benefits under any of the above types of insurance, we will obtain full instructions from you regarding your circumstances, assist you in obtaining medical evidence substantiating your medical condition and provide you with advice in relation to the terms of the superannuation Trust Deed and/or insurance policy. We will then be in a position to advise you on your prospects of success.

We also provide legal assistance for people who wish to challenge the Trustee's decision and, if necessary, request appropriate reviews (internally or externally), prepare submissions to those review bodies or commence Court action on your behalf.

 

Make an appointment 

Our office is centrally located within the Surat Basin and we are pleased to meet with clients in person, via telephone or home visit to discuss your legal needs in this area.

 

Remember - it pays to get the right advice!

CONTACT MICHELE SHEEHAN AND HER TEAM TODAY ON (07) 4662 8066
OR BY EMAIL msheehan@sheehanco.com.au