Help and support when a member passes away

What do you need?

• The deceased member's name and date of birth
• Formal notification of death -   We'll start the claim process as soon as you advise us of the member's death. However, we will need formal notification before we can finalise the claim. We'll write to you advising what documents you need to provide us with.  

To commence the claims process 

• When you contact us to advise us of the member's passing, we'll ask some questions, including your details and when the member died. We will also send you some paperwork to complete. We won't be able to provide you with any information about the member's account.  
• *Paperwork (forms & Supporting documents) - Complete the forms and return them to us with your supporting documents. We’ll need the death certificate, identification documents and a completed claim form as a minimum.

  We use the information provided by you to understand who might have been financially dependent on, or in an interdependent relationship with our member around the date of their death.

  This will influence the decision we make about how the benefit is paid. It’s important you answer all questions fully and truthfully.

  *Supporting information might include information about how you or the member relied on each other, statutory declarations from third parties to support a relationship and details of expenses you or they paid for each other.

  If you feel that a claim might be contested by another party, it is a good idea to provide additional information early to support your claim. This will reduce the need to provide additional information at a later stage.

What happens then?

• Assessment - Your claim will be assessed. It is important to understand that we need to ensure we are making the right decision when we pay a benefit. This means we may need to contact other people we identify, who might have relied on our member. It is important that all people we contact respond promptly as delays in returning information will mean that the assessment will take longer.

  While we strive to have death claims finalised as early as possible, it can take several months from notification to payment as we gather the necessary requirements to make a decision.

  It is important to consider that there could be both tax and Centrelink implications regarding to whom a benefit is paid. You should consider this when you are making a claim and seek your own personal advice if you are unsure.

• Notification of a decision - Once a decision is made you will be advised. If required, claimants will be provided 28 days to object to the decision if they believe it to be unfair or unreasonable. If a claimant does object, further evidence should be provided to support why they believe the decision was unfair. Claimants will then be advised of what further action can be taken once a review of their objection has occurred.  
• Payment - The payment will be made. Tax may be payable on the benefit. In some cases, the tax payable by those who are not financially dependent can be as high as 30% plus the Medicare Levy. Benefits paid to a member’s spouse, a child under age 18, someone in an interdependency relationship or a financial dependent of a deceased member are generally tax-free.

What’s payable after a member has passed away?

The amount of any benefit payable may be made up of:

• The account balance of the deceased member’s super. This may include contributions made by the employer or member and any amounts rolled over from other funds (less any appropriate charges and taxes).
• Any insurance amount which may be payable. The amount depends on the member’s level of insurance cover and their age at the time of death.

If the deceased member didn’t have insurance cover with legalsuper the amount payable will be made up of the member’s account balance only.

Claimants requiring special support

If you suffer a disability or you are an Aboriginal or Torres Strait Islander please let us know when you are notifying us of the death of a member.

Services are available in these and other circumstances for those at risk. For further information click here.