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Tips and traps

Tips and traps

By Annemarie Gambera


Superannuation statements often have possible entitlements buried in the fine print. Here are 10 tips to help practitioners when considering TPD claims. Depending on the fund, there are three main types of superannuation insurance benefits – death benefits, total and permanent disablement (TPD) benefits and income protection. There are common issues to consider in every claim. This article focuses on TPD claims made pursuant to insurance attached to a superannuation fund and provides a broad overview of the key starting points for a superannuation TPD claim. Tip 1: Learn the language TPD claims have two distinct elements – the fund’s trust deed which sets out the fund rules and some of the trustee’s obligations to the members of the fund, and the insurance contract. The trustee of the superannuation fund takes out a contract of insurance. These contracts are made between the trustee of the fund and the insurer. Members of the fund are strangers to the contract but can enforce the terms of the contract under the principles in Trident v McNiece.1

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