Death Benefits 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 for example, 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 explain why you are disputing the proposed distribution or apportionment
- if you are complaining about the amount of the benefit payable explain 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 Letters of Administration issued by the court
What other information can the Tribunal request from you during the Tribunal 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 Circumstances form*
If you wish to lodge a Death Benefit complaint, click on the link to the Registration of Complaint form below. The Registration of Complaint form allows you to type text. The form can then be printed and sent to the Tribunal. If you need to provide an additional written statement, and you have access to a computer, typing your documents will make it easier for the Tribunal to read and improve the progression and resolution of your complaint.
The form includes a Personal Information Collection Notice under the Privacy Act 1988 in relation to how we collect, use and disclose personal information.