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MSWA Bulletin Magazine Spring

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YOUR SUPERANNUATION<br />

INSURANCE BENEFITS –<br />

KNOW YOUR RIGHTS<br />

Disability insurance is not typically at the forefront of the<br />

minds of many Australians, with many of us severely underinsured<br />

and unaware of insurance benefits attached to<br />

superannuation memberships.<br />

People living with multiple sclerosis and other neurological<br />

conditions can find it difficult to access any type of financial<br />

benefit or support after ceasing work due to their condition.<br />

This is particularly so when a person’s reason for stopping<br />

work is not covered by a statutory compensation scheme,<br />

such as WorkCover or the Insurance Commission of WA.<br />

In these circumstances, people can often access the benefits<br />

of disability insurance policies through their superannuation<br />

membership. In investigations conducted by our office, we have<br />

successfully claimed insurance benefits for our clients even if<br />

they stopped work several years ago due to illness or injury.<br />

There are two common types of disability insurance offered<br />

by super funds:<br />

• Income protection (IP) generally provides monthly payments<br />

of 75-85% of your previous earnings (capped at a specified<br />

amount) when you can’t work for a period of 2 years, 5<br />

years or sometimes even up to the age 67;<br />

• Total and Permanent Disability (TPD) insurance benefits are<br />

generally lump sums you can claim if you cannot return to<br />

any work in which you are educated, trained or experienced<br />

as a result of injury or illness.<br />

Please note:<br />

• Even if you stopped work many years ago, you can still<br />

make a claim. A claim can be made even if your insurance<br />

cover ceased between the time you stopped work and now,<br />

as long as you were a member of the super fund at the date<br />

you last actively worked.<br />

• Most Australians have more than one super fund meaning<br />

you may have multiple TPD insurances, and may be able to<br />

pursue multiple lump sum claims. You should seek advice<br />

about the implications of consolidating super accounts as<br />

you may be putting at risk potential insurance benefits.<br />

• If you are thinking about stopping work or reducing your<br />

work hours due to your medical condition it is important<br />

to get advice regarding the implications for your insurance<br />

coverage; there may be clauses in the fine print of your<br />

policy that will impact on your rights to claim later.<br />

You may have similar disability insurance through your<br />

employment contract or EBA or through your financial<br />

institution. It is always worth getting advice to make a claim<br />

in order to avoid any nasty surprises.<br />

Our experienced team of paralegals and lawyers will provide<br />

a ‘free check’ to ensure you have the cover. Once this is<br />

confirmed, our local Perth team will meet you, and provide<br />

expert legal guidance through the complexity of lodging claim<br />

forms and necessary evidence. They will also manage the<br />

legal issues that may arise during the claims process.<br />

It is never too late to check. If you have ceased working due<br />

to your MS or other neurological condition then contact<br />

Maurice Blackburn on 1800 196 050 for free advice on<br />

any superannuation or insurance questions, to check your<br />

potential cover for benefits, or help with an existing claim.<br />

www.mauriceblackburn.com.au/legal-services/<br />

superannuation-and-insurance/<br />

<strong>MSWA</strong> MAURICE BLACKBURN<br />

EMPLOYMENT FORUM<br />

SARAH LORRIMAR<br />

Joshua Boyes, Lawyer at Maurice Blackburn,<br />

made a welcome return to <strong>MSWA</strong> to present more<br />

information forums, at both the Wilson Centre and<br />

our Bunbury Hub.<br />

These seminars were targeted towards<br />

Members currently working or who have stopped<br />

working due to their MS and aimed to increase<br />

Members’ understanding of their legal rights<br />

surrounding employment.<br />

Joshua offered his time free of charge to provide<br />

our Members, Clients and their families, valuable<br />

information on issues such as disclosure in the<br />

workplace, stopping and starting work, travel<br />

insurance and disability claims. He also covered the<br />

topic of superannuation benefits; specifically, the<br />

claiming of a disability lump sum or pension under a<br />

superannuation fund.<br />

As always, this visit from Maurice Blackburn was<br />

another great success. Since the last presentation<br />

in November 2016 there has been an ongoing stream<br />

of calls to Joshua right up until last month!<br />

It is important to keep informed of your rights<br />

as well as the advice and services available to<br />

you. For further legal information, you may<br />

contact Joshua Boyes on 6424 4207 or email<br />

JBoyes@mauriceblackburn.com.au<br />

<strong>MSWA</strong> BULLETIN SPRING 2017 | 17

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