Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 278

How to access terminal illness benefits

If a super fund member is terminally ill, they may be able to receive a tax-free lump sum from their super fund. Many funds also allow a death insurance benefit to be paid early too.

In this article we explain some of the pros and cons of terminal illness benefits.

Early release

A member’s benefit can be released early if the member has a terminal medical condition which meets the following conditions of release:

  • Two registered medical practitioners certify that the member suffers from an illness, or has incurred an injury, that is likely to result in the member’s death within 24 months or less (the Certification Period)
  • At least one of the medical practitioners is a specialist practicing in an area related to the illness or injury
  • The Certification Periods have not ended

Preservation

The member benefits that exist at the time of meeting the condition of release or accrue during the Certification Period become ‘unpreserved’ which means they can be accessed. Any benefits that accrue after the Certification Period ends remain ‘preserved’ and cannot be accessed until the member meets a further condition of release.

Insurance

Many insurance policies allow a member to claim a death insurance amount if they meet the terminal medical condition of release. Generally a member can only claim a death or permanent disability benefit once.

Prior to 1 July 2015, the terminal medical condition certification period was 12 months. Although the condition of release extended the period to 24 months, many insurance policies are only increasing the period in their policy definitions when policies are renewed. This means some members with a 24-month certification period may not be able to claim insurance benefits.

Payments

The tax treatment of a terminal illness benefit depends upon how the benefit is paid.

If a lump sum payment is made during the certification period it is tax free, regardless of the member’s age. Any balance remaining after the Certification Period ends will be taxed as an ordinary member benefit where tax will depend upon the member’s age. If a member previously applied for a benefit under another condition of release and PAYG tax was deducted, the member may provide the trustee with the terminal illness medical certificates. The certificates must state that the member satisfied the terminal medical condition definition at the time the original payment was made or within 90 days from receiving the payment. The trustee may then request a refund of the PAYG tax deducted from the ATO and make an additional payment to the member.

Claiming a tax-free terminal illness benefit can help members who have non-tax dependant adult children as the likely recipients of a death benefit. A death benefit paid to an adult child will be taxed at 17% of the taxable component. An amount paid as a terminal illness benefit can be withdrawn tax free and gifted to the children before death or paid as non-super monies via the estate (and therefore not subject to tax).

If the member chooses to receive a pension benefit, the benefit is taxed as a normal superannuation pension, there are no tax concessions for a terminal illness pension.

Rolling over

Although superannuation law allows a terminal illness benefit to be rolled over to another fund, such rollovers are not rollover superannuation benefits under tax law. This means if a terminal illness benefit is rolled over, the transfer is not treated as a rollover but as a personal member contribution.

The paying fund is treated as having paid a benefit to the member for tax purposes and the member is deemed to have been paid a tax-free lump sum. The receiving fund is then treated as having received a personal contribution from the member.

The amount will therefore count towards the member’s concessional and/or non-concessional contributions cap, depending on whether they may have been eligible to claim a tax deduction for some of the contribution.

Summary

Understanding the requirements to claim a terminal illness benefit may help members with their tax planning and avoid potential pitfalls of rolling over. For more information, please speak with your financial adviser.

 

Julie Steed is Senior Technical Services Manager at Australian Executor Trustees. This article is in the nature of general information and does not consider the circumstances of any individual.


 

Leave a Comment:

RELATED ARTICLES

Terminal illness and your super

Are you paying tax by not starting a super pension?

Are death bed benefit super withdrawals effective?

banner

Most viewed in recent weeks

Vale Graham Hand

It’s with heavy hearts that we announce Firstlinks’ co-founder and former Managing Editor, Graham Hand, has died aged 66. Graham was a legendary figure in the finance industry and here are three tributes to him.

Warren Buffett is preparing for a bear market. Should you?

Berkshire Hathaway’s third quarter earnings update reveals Buffett is selling stocks and building record cash reserves. Here’s a look at his track record in calling market tops and whether you should follow his lead and dial down risk.

Welcome to Firstlinks Edition 583 with weekend update

Investing guru Howard Marks says he had two epiphanies while visiting Australia recently: the two major asset classes aren’t what you think they are, and one key decision matters above all else when building portfolios.

  • 24 October 2024

A big win for bank customers against scammers

A recent ruling from The Australian Financial Complaints Authority may herald a new era for financial scams. For the first time, a bank is being forced to reimburse a customer for the amount they were scammed.

The gentle art of death cleaning

Most of us don't want to think about death. But there is a compelling reason why we do need to plan ahead, and that's because leaving our loved ones with a mess - financial or otherwise - is not how we want them to remember us.

Why has nothing worked to fix Australia's housing mess?

Why has a succession of inquiries and reports, along with a plethora of academic papers, not led to effective action to improve housing affordability? Because the work has been aimless and unsupported by a national consensus.

Latest Updates

90% of housing is unaffordable for average Australians

A new report shows that only 10% of the housing market is genuinely affordable for the median income family, and that drops to 0% for those on low incomes. This may be positive for the apartment market though.

Taxpayers betrayed by Future Fund debacle

The Future Fund's original purpose was to meet the unfunded liabilities of Commonwealth defined benefit schemes. These liabilities have ballooned to an estimated $290 billion and taxpayers continue to be treated like fools.

Property

The net benefit of living in Australia’s cities has fallen dramatically

Rising urban housing costs in Australia are outpacing wage growth, particularly in cities like Sydney and Melbourne. This is leading to an exodus of workers, especially in their 30s, from cities to regions. 

Shares

Fending off short sellers and gaining conviction in a stock

Taking the path less travelled led to a remarkable return from this small-cap. Here is the inside track on how our investment unfolded, and why we don't think the story has finished yet.

Planning

The nuts and bolts of testamentary trusts

Unlike family trusts, testamentary trusts are activated posthumously, empowering you to exert post-death control over your assets. Learn how testamentary trusts offer unique benefits and protective measures.

Investing

The US market outlook is more nuanced than it seems

Investors are getting back to business after a tumultuous election year. Weighing up the fundamentals is complicated, however, by policy crosscurrents that splinter the outlook in several industries.

Investing

Book and podcast recommendations for the summer

Dive into these recommendations for your summer reading and listening. Uncover the genius behind a secretive hedge fund, debunk healthcare myths, and explore the Cuban Missile Crisis in gripping detail.

Sponsors

Alliances

© 2024 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.