Yes, you may still be able to make a claim under these circumstances.
Total and Permanent Disability (TPD) insurance is a lump-sum payment from your superannuation fund. It is paid out to people who can no longer work because they have suffered a serious injury or illness. The key point for any claim is whether you had TPD insurance at the time you became unable to work, not if you have a policy today.
Why Your Old Policy Matters More Than Your Current One
Many people assume that if they do not currently have an active super fund or insurance policy, they have missed their chance for compensation, but that is not how TPD works.
Your entitlement is locked to the time you became unable to work
While you were employed, your employer will have paid superannuation contributions into a fund on your behalf. The majority of super funds automatically include a default level of TPD insurance, often without requiring a health check.
According to the Australian Government's Moneysmart website, that default cover generally applies to members aged 25 or over once their balance has reached $6,000.
The critical question is therefore not "Do I have TPD insurance today?" It’s "Did I have TPD insurance when I became too injured or ill to work?"
We often speak to people who stopped working five, ten or even fifteen years ago and whose cover has long since been cancelled. What matters is that they were covered on the day their injury or illness stopped them working. It is that cover, not any cover they hold today, that a claim is assessed against.
What happens to TPD insurance when you stop working?
When you stop working, your employer will stop making contributions into your super fund. Insurance premiums will continue to be deducted from your remaining super balance, however.
By law, a fund must cancel the insurance on an account that has received no contributions or rollovers for 16 months in a row. The exception is where you have told the fund in writing that you want to keep it. Even where cover has been cancelled, the insurance you had at the time you became unable to work is what counts for making a claim.
In practice, this means that even if your insurance has since been cancelled, or your super balance has been drawn down to zero, the policy that was in place when you left work can still form the basis of a valid TPD claim.
What "At the Time of Injury or Illness" Means in Practice
TPD claims are assessed based on the insurance policy you had when your condition first prevented you from working. Here’s what that looks like in real situations:
You left work due to a physical injury
If you suffered a back injury at your old job that forced you to stop working in 2014, the TPD insurance attached to your super fund at the time is what’s relevant. Whether you are no longer a member of that fund, or that the fund has changed its name, is immaterial.
You left work due to a mental health condition
Mental health conditions are one of the most common reasons people stop working permanently. If depression, PTSD or any other mental health issue gradually made it impossible for you to continue working, the important date is when you became permanently unable to work. A TPD lawyer can help you determine when that date was.
You were exposed to something harmful years ago
There are certain conditions which develop long after exposure. For example, if you worked with hazardous chemicals in the 1990s and went on to develop a serious condition as a result, the relevant insurance is likely the policy you held at the time you worked for that employer. We regularly speak to people who still have a valid claim even though their injury or illness was first caused decades ago.
Fund Mergers, Closures, and Name Changes
The Australian superannuation industry has gone through a range of significant changes. Funds merge, change names and close all the time, but this won’t result in you losing your entitlement to insurance.
When one fund merges into another, it is called a successor fund transfer. According to the Australian Prudential Regulation Authority (APRA), the receiving fund must provide members with equivalent rights to the ones they had before the transfer.
In practical terms, this means that if your old fund merged with another, the new fund now holds the records and obligations of the old one. The TPD insurance you held at the time you were a member still exists in those records.
We recently spoke to a 59-year-old who left work over 13 years ago due to mental health issues. He was unaware of what TPD was and had no idea whether he had ever been covered. After we performed a thorough investigation, it became clear that the fund he had been a member of during his last period of employment included default TPD cover.
How to Find Your Old Super Funds
If you are no longer able to work because of illness or injury and want to claim the compensation you deserve, the first step is finding your old accounts. There are several ways you can do this:
- Log in to myGov and link your ATO account. The ATO's online services show every super account linked to your tax file number, including lost and inactive ones. The fund details page will show active and lost supers, plus any that the ATO is holding on your behalf.
- Call the ATO Super Search line on 13 28 65. This is an automated phone service you can use to search for super accounts under your tax file number..
- Get help setting up myGov in person. If you do not have a myGov account, staff at a Services Australia service centre can help you set one up, and the ATO offers face-to-face help by appointment. Take photo ID. Services Australia staff cannot search your super for you, so once you have access use ATO online services or phone the ATO.
- Check old payslips and employment records. You may be able to find the name of your super fund on old payslips, employment contracts or tax returns. Even partial details like a fund name can help you track down an account.
- Use the ATO's Super Fund Lookup tool. If you remember the name of your fund but aren’t sure if it still exists, this handy tool will show you the current status of every registered super fund in Australia, including funds that have been transferred or merged.
Also read: How To Find Lost or Forgotten Superannuation
The Super Rollover Warning
If you have more than one super account, you may be tempted to consolidate them into one fund. You should never do this before checking if any of your old accounts have TPD insurance attached to them.
When your super rolls over from one fund to another, the money is transferred but the insurance isn’t. If you had TPD cover through an old fund and you roll the balance into a new one, the old insurance policy is closed. If you need to claim on that policy, it might no longer be available.
Read our article on - Will a TPD Claim Affect My Superannuation Balance?
We often speak to people who unknowingly lost their TPD cover by consolidating their super. The small monthly deductions from your super balance that you never thought about may have been paying for insurance that could now be worth a significant amount.
Before consolidating your super, call each fund and ask them two questions:
- "Did this account have TPD insurance when I was last employed?"
- "Is it still possible to make a TPD claim on this account?"
Common Scenarios and Questions
I stopped working over 10 years ago, is it really not too late?
In most cases, it is not too late. Superannuation law does not set a deadline for lodging a TPD claim with your fund, so unlike workers' compensation there is no fixed lodgement date to miss. Time limits do apply once a decision has been made, though. If a fund or insurer declines your claim, both a complaint to the Australian Financial Complaints Authority and any court action against the trustee or insurer have to be brought within set periods. Those periods depend on the type of action, and on the state or territory it is brought in. Individual policies may also set their own notification requirements. And the longer you wait, the harder it is to gather medical records and employment evidence.
I can't remember which super fund I was with, can I still make a claim?
Yes. Super funds report member accounts and contributions to the ATO, so ATO records will usually show accounts held in your name even if you have never logged into myGov. Very old accounts can be missing if your tax file number was never given to the fund, which is why old payslips and fund statements are still worth digging out.
Another law firm told me my case was too complex and gave up, what now?
A complex case can still be successful. Some TPD claims involve multiple super funds, old or closed policies and medical evidence stretching back many years, and not all law firms have the resources or experience to handle these types of claims.
A former labourer we spoke to had been turned away by a firm that said his case was too hard, but after a thorough investigation of his super history and medical records, we determined that he had grounds for a potential claim.
I don't have a myGov account and I've never lodged a tax return, can I still find my super?
Yes. You do not need a myGov account to search. Phone the ATO's lost super search line on 13 28 65, and the ATO can look for super reported against your tax file number. If you would rather set up online access, staff at a Services Australia service centre can help you create a myGov account, and the ATO offers face-to-face help by appointment. Services Australia staff cannot search your super accounts themselves.
What are the small monthly charges being taken out of my super?
They are most likely insurance premiums. Most super funds deduct premiums for default TPD and life insurance from your account balance. If you see small, regular deductions from your super, they will likely have been keeping a TPD insurance policy active. Never cancel or consolidate that account until you have checked what the deductions were for.
My super fund no longer exists, does that mean I can't make a claim?
No. When super funds are merged or closed, your account and insurance records will be transferred to the new fund in what’s known as a successor fund transfer. The new fund inherits the obligations of the old one, so even if your fund closed many years ago, the insurance that existed at the time can still be accessed through the successor fund.
Documents You'll Need
Medical records: GP notes, specialist reports, hospital records and any documentation of your condition from the time you stopped working up until now. You can request these from your doctors and hospitals directly.
Super fund statements: any old statements or correspondence from your super funds. These will help confirm which funds you were a member of and if they included TPD cover.
Employment records: payslips, employment contracts and/or tax returns that show who your employer was and when you worked for them. These will help identify which super fund your employer contributed to.
Tax file number: the ATO will need this to search for your super accounts.
Photo ID: this is needed if you set up myGov access in person at a Services Australia service centre, or attend an ATO appointment.
ATO super search results: the list of all super accounts linked to your tax file number (available through myGov).
Red Flags and Warning Signs
- A super fund or insurer tells you it is "too late" to make claim, without checking the policy terms from when you were last employed
- Someone advises you to consolidate all your super into one account before checking for insurance
- A previous law firm abandoned your case without explaining what they investigated and why
- You are being charged ongoing fees from an old super account but have never been told you have insurance
Common mistakes to avoid:
- Rolling over or consolidating super accounts before checking if they have TPD insurance attached to them
- Assuming that you have no entitlement because you stopped working years ago
- Ignoring old super accounts with small balances, as the insurance attached may be worth far more than the balance
- Not keeping copies of medical records from the time you first became unable to work
Also read:
When to Get Legal Advice
It’s always a good idea to seek legal advice in cases such as these, especially if:
- You stopped working years ago and are unsure whether you had TPD insurance
- You have several old super funds and don’t know which had cover
- A super fund has rejected your TPD claim or told you it is too late to make one
- A previous law firm investigated your case and dropped it
- You are considering consolidating your super and want to check for insurance first
- Your condition has worsened and you are now permanently unable to work
- You do not understand the paperwork your super fund has sent you
Why early advice matters: medical records can be lost or destroyed over time, and doctors who treated you may retire or close their practices. The sooner you begin the claims process, the easier it will be to gather the evidence you need to support your claim.
Also read: Step-by-step guide for making a TPD claim?
Key Takeaways
- Your TPD entitlement is based on when you became unable to work, not what it is currently. The policy you had at the time you left the workforce is what matters, even if that was decades ago.
- There is generally no statutory time limit for lodging a TPD claim. Unlike workers' compensation, TPD claims made through superannuation do not have a fixed legislative deadline. Keep in mind that individual policies may have their own conditions.
- Do not consolidate your super before checking for insurance. Rolling over your super closes the insurance policy attached to the old account, which may end up being the policy you need to claim on.
- Fund mergers and closures do not erase your cover. Successor fund transfers mean the new fund holds the records and obligations of the old one.
- A complex case is not an impossible case. If another firm turned you away, it may be worth a second opinion from a firm that regularly deals with complex TPD claims.
Get Help Now
Call Smith's Lawyers on 1800 960 482 for a free case review under our No Win, No Fee, No Catch® policy.
A member of our TPD team will check your old super funds for insurance, explain whether you have a potential claim and outline the next steps. There is no cost and no obligation. You can use the form below to request a free case review.
