Time limits do apply for many types of complaints. If in doubt, make the complaint as soon as possible and the Tribunal will let you know if it can deal with your complaint.
Death Benefits
You must lodge your complaint with the Tribunal within 28 days if:
- The superannuation provider has notified you in writing of its proposed payment and given you 28 days from the date you received the letter to lodge any objection to the proposal with the superannuation provider, and
- You have lodged an objection with the superannuation provider within that time, and
- You have subsequently received a written notice from the superannuation provider giving its final decision together with a notice that you have 28 days from the date you received the letter to lodge a complaint with the Tribunal.
These time limits only apply if you have been given correct notice of the 28 day period - if you are not notified of the 28 day period (or the notification is incorrect/faulty) the time limits do not apply.
Total and Permanent Disablement Benefits (TPD)
You must make the claim for benefits within two years of permanently ceasing employment (the date your employment is formally terminated rather than the last day you are able to work). Also, you must have ceased employment because of the disability that gave rise to your TPD claim.
You must then make the complaint to the Tribunal within two years of the Trustee's first (original) decision to deny your claim. Even if the Trustee is still reviewing your claim and considering new evidence, you must complain to the Tribunal within two years of the original decision.
These time limits do not apply to claims for disability benefits relating to temporary or partial incapacity/ disablement, only total and permanent disablement.
Superannuation Surcharge
If a superannuation fund has provided information to the ATO to enable the ATO to calculate a superannuation surcharge, the fund may also notify you that any complaint about the information provided must be made to the Tribunal within two years. If you have been notified of the two year limit, the complaint about the accuracy of the information must be made within this period.
The time limit does not apply if you are not notified of the period.
The Tribunal is able to deal with some other complaints about the superannuation surcharge, which are not subject to any time limit.