Death benefit complaints
Examples of death benefit complaints that fall within this category include:
- complaints about the distribution or apportionment of the benefit among beneficiaries (you may wish to read our Death benefits brochure, which provides general information about superannuation death benefits and the issues that the Tribunal considers in dealing with complaints about the distribution of these benefits)
- complaints about the amount of the benefit payable, including whether an insured component of the benefit is payable
The information you provide when completing the Registration of complaint form will help us resolve your complaint. Below is a list of additional information you can provide if relevant to the circumstances of your complaint:
- a copy of the superannuation provider's letter notifying you of how it proposes to pay the death benefit
- a copy of your letter to the superannuation provider objecting to the proposed distribution and/or the amount payable · a copy of the superannuation provider's letter notifying you of its final decision
- if you are complaining about the distribution or apportionment of the benefit, an explanation as to why you are disputing the proposed distribution or apportionment
- if you are complaining about the amount of the benefit payable, an explanation as to why you believe the amount payable should be higher – what have you based this expectation on?
If you are lodging a complaint in your capacity as the executor of the deceased member's estate, please provide:
- a copy of the will and grant of probate, or
- if the deceased died intestate (without making a will), a copy of the letters of administration issued by the court
What other information can the Tribunal request from you during the complaints resolution process?
For complaints concerning the distribution or apportionment of the benefit among beneficiaries, you may be asked to provide further information or evidence relating to your financial and personal relationship to the deceased such as:
- joint bank accounts held with the deceased
- joint lease or mortgage held with the deceased
- joint health care documentation
- statutory declarations supporting your relationship with the deceased member
- completion of the Tribunal's Interdependency relationship form
- completion of the Tribunal's Statement of financial dependency form
If you wish to lodge a death benefit complaint, please complete and return our Registration of complaint form. You can complete and submit the form online, or print and return it. Typed documents are preferred for ease of comprehension.
The form includes a Personal information collection notice under the Privacy Act 1988 in relation to how we collect, use and disclose personal information.