MSWA Bulletin Spring 16

EMPLOYMENT
INFORMATION FORUMS
LISA MARSHALL
Earlier in the year, an Employment Forum planned for Bunbury
became an informal gathering better suited to the smaller
numbers who attended. Joshua Boyes, a lawyer from Maurice
Blackburn Lawyers, shared his knowledge and experience of
legal issues on a variety of topics including:
• The potential availability of multiple disability insurances
through Superannuation accounts
• The potential consequences on insurance benefits if you
roll over your Superannuation accounts and/or lower your
working hours per week
• Eligibility requirements included in insurance policies
• Definitions to be met by claimants for the approval of
disability benefits
• Reasonableness in informing an employer of a recently
diagnosed condition and each party’s obligations
The MSWA Employment Forums are a great opportunity
for Members to find out more information on issues such
as disclosing your MS to an employer, your rights and
responsibilities at work as well as accessing your
superannuation and travel insurance. The Forums provide an
explanation of the services offered by the MSWA OT Team;
supporting people living with MS to stay in the workforce
longer. These include fatigue management programs,
employment assistance, assistive technology solutions and a
sleep advisory service.
The next Employment Forum which will be facilitated by
MSWA and Maurice Blackburn Lawyers, is planned for 1
November 2016 from 5.30 - 7.30pm in Perth. If you are
interested in attending, please contact Sarah Lorrimar
on 9365 4858 or Sarah.Lorrimar@mswa.org.au.
Superannuation Insurance Benefits Joshua Boyes, Maurice Blackburn Lawyer
The typical Australian is severely under-insured for disability,
and it is important to explore every avenue of potential benefit
available to a person when they are unable to work due to a
medical condition. Gaining some monetary benefit to replace
a person’s income-earning capacity can become especially
difficult at times when the condition is such that a person is
unable to take advantage of statutory schemes, such as claiming
for WorkCover payments or a claim through the Insurance
Commission of WA after a motor vehicle accident, for instance.
With the introduction of MYSUPER in January 2014, it is now
compulsory for Super Funds to provide members with default
life and disability insurance. This means when you join with an
employer nominated fund, insurance will be included by default
without the need to fill out a medical questionnaire. However,
Funds have been providing default life and disability insurance
for many years prior to the introduction of MYSUPER.
Not only is life and disability insurance offered by default, but
it is also usually provided with automatic acceptance, meaning
as long as you meet basic eligibility requirements such as being
‘at work’ and doing your usual hours and duties when you join
the fund, you will likely be covered. Pre-existing conditions
are often covered which is a huge advantage, especially for
those people suffering from chronic illness or a family history
of illness which would otherwise limit their insurance options
if seeking cover elsewhere in a stand alone policy.
There are two common types of disability insurance offered
by Super Funds:
• Income protection (IP) which generally provides monthly
payments of 75-85% of your previous earnings (capped at
a specified amount) while you can’t work for a period of 2
years, 5 years or sometimes even up to the age 67
• Total and Permanent Disability (TPD) insurance is a lump sum
you can claim if you cannot return to any work that you are
educated, trained or experienced in as a result of injury or illness
Most Australians have more than one super fund so it’s
important to remember that you could have multiple TPD
insurances if you hold multiple superannuation accounts, and
if so, you can make multiple lump sum claims. IP policies,
however, will usually have an offset clause meaning you can
only claim on one policy and your overall payments could not
exceed 75-85% of your previous income. If you have several
super funds and are thinking of consolidating them all into
one, it is important to check what insurance entitlements you
might lose so you can make an informed decision.
If you or someone you know has already stopped work and the
insurance ceased or the account has been closed, you may still
be able to claim. As long as your account and insurance were
active on the date you stopped work due to health reasons you
should be entitled to claim, even if it was years ago.
If you make a claim and it is rejected, you can lodge an internal
complaint. If you are still not happy with the decision or if you
think the fund or insurer is stalling the claim, you can appeal
to the Financial Ombudsman Service or Superannuation
Complaints Tribunal or take your case to a Court.
Contact Maurice Blackburn on 1800 196 050 for free
advice on any superannuation or insurance questions, to
check your cover or to help with a claim.
14 | MSWA BULLETIN SPRING 2016