Can you appeal a super fund claim to access your super if that is denied?

Published 16 Jul 2020

Your super money is meant to cover your retirement expenses, however, there are limited circumstances where the government will release these funds early. The Australian Taxation office explains that while your superannuation fund is easily accessed once you retire or turn 65, you may need to acquire this money sooner if you experience a financial hardship or become disabled.

In these circumstances, you will need to file a claim to access your super early and receive a payout. Your super fund will then either accept or reject the claim. Of course, no one wants their request to be denied, but it does happen. If you had a super fund claim denied, here is all the information you should know moving forward.

Common reasons for rejection

There are just a few specific circumstances in which you can access your super early, and all of them have strict eligibility requirements. For instance, if you need super money due to financial hardship, you must have already received government income support payments for 26 weeks and not be able to meet reasonable family living expenses, according to the Australian Taxation Office.

Furthermore, supers will require evidence of said financial hardships and bills outlining living expenses. The criteria for other circumstances are just as strict, so it’s important to first see if you’re able to file a claim and then start collecting evidence to send your super.

Because of these staunch rules, one of the most common reasons super fund claims are denied is because the person does not meet their eligibility requirements – or they did not send in enough paperwork to prove that they do.

How to appeal a denied claim

Luckily, if a super fund claim is denied the first time, you can appeal it. Appealing a super fund claim can begin by asking your super to reevaluate your claim and provide any additional information that may help your case.

The Australian Financial Complaints Authority (AFCA) is the organisation that handles complaints made due to a denied super fund claim. If you believe your super fund claim was denied unfairly, or if you would have previously taken the compliant to the Financial Ombudsman Service, the Credit and Investments Ombudsman and the Superannuation Complaints Tribunal, the AFCA with handle it.

If you have been injured and need to access your super or have more questions about the requirement and time limits to appeal a super fund claim, contact the professionals at Gerard Malouf & Partners today.

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