A TPD Claim (Commonly known as Total and Permanent Disability or Total & Permanent Disablement) is an insurance benefit available under a superannuation fund. This is available in addition to the contributions (account balance) made by the employer/fund member
What is a TPD Claim?
Total and Permanent Disability Claim, is a claim against a person’s superannuation fund that usually provides for a benefit to be paid where a member can no longer work and is unlikely ever to work again due to physical or mental illness or injury. This is commonly referred to as a TPD benefit. Your fund may refer to this as a disability benefit or an incapacity benefit.
Can I make a TPD claim?
You can make a TPD claim if:
You have ceased your employment and/or duties as a result of an illness and/or injury (please note that this does not mean your employment must be formally terminated) AND
You are unlikely to return to your employment duties as a result of this illness/injury AND
You were under the age of 65 years when you ceased this employment AND
You were a member of a SuperFund at the time you ceased your employment and had TPD insurance at the time you became unwell.
Most of our TPD claims can be run under our “No Win/No Fee” policy. In other words, you will only need to pay our professional fees if there is a judgment or settlement in your favour.
How do I know if I have TPD insurance?
You will need to have a look at your current Superannuation Statement. If you are covered for TPD, it will normally be located near the Death Benefit including the amount you are insured for.
Is there a time limit to make a TPD claim?
There are no time limits in lodging a claim against your Superannuation Fund for TPD claims if your employment has not been formally terminated.
However, most funds require you to be absent from work for a continual period of at least 6 months before you will qualify to make a TPD claim.
In the instance that your employment has been formally terminated then you must lodge the TPD claim within two years of this date.
If your TPD claim is rejected by the fund after lodgement, you will have six years from the date the claim is rejected to file proceedings in the court, if necessary.
What to do Next?
It is a complicated area of law and you should contact Qld Law Group as soon as possible so that we may appraise you of your rights and entitlements to a disability benefit, if applicable. TPD claim is a difficult test to satisfy, and it is not the same as the test used to receive benefits from; e.g. Centrelink, Workers’ Compensation or Veteran Affairs.
Please contact one of our personal injury team members who will be pleased to assist.
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