--- title: "Letter asking a superannuation trustee to lodge an income protection claim" url: "https://ailawframework.com/precedents/superannuation/income-protection-claim-letter" type: "precedent" site: "AI Law Framework" id: "a27-income-protection-claim-letter" area_id: "A27" kind: "letter" ai_level: "yellow" version: 1 task_ids: ["A27-TP20261023-4", "A22-TP20261023-1"] law_stated_as_at: "2026-10-23" --- # Letter asking a superannuation trustee to lodge an income protection claim > A letter asking the trustee to lodge an income protection or salary continuance claim on cover held in the fund, and to pursue it with the insurer.… Canonical page: https://ailawframework.com/precedents/superannuation/income-protection-claim-letter Law stated as at: 2026-10-23 Site index for agents: https://ailawframework.com/llms.txt A letter asking the trustee to lodge an income protection or salary continuance claim on cover held in the fund, and to pursue it with the insurer. It is not a total and permanent disablement claim and it does not ask for a preserved benefit to be released. ## Key facts - Kind: Letter. A letter or email you adapt and send. - Practice area: [Superannuation](https://ailawframework.com/precedents/superannuation.md) - Jurisdictions: Victoria, Queensland, New South Wales - AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on. - Law stated as at: 2026-10-23 - Status: Maintained. Checked on 2026-10-23 against the 6 authorities it cites, for Victoria, Queensland and New South Wales. ## When to use it Use when a member wants income protection or salary continuance paid on cover held through a superannuation fund. Do not use it for a total and permanent disablement lump sum. That claim has its own submission letter. Do not use it to ask for a permanent incapacity release of preserved benefits. ## Used for these tasks - [Ask the trustee to pursue the insurer and to give reasons for a disability decision](https://ailawframework.com/practice/superannuation.md#A27-TP20261023-4) - [Lodge an income protection claim and diary the decision time](https://ailawframework.com/practice/insurance-law.md#A22-TP20261023-1) ## How AI may be used The lawyer and the tool draft the letter from the instructions, the policy and the fund records, and the lawyer checks the policy definition and the recipient before it is sent. **AI may:** - Take the date work stopped, the occupation and the waiting period from the policy and the instructions - Ask the trustee to lodge the income claim and to tell the member who will handle it - Enclose only the authority, not the medical file, unless the lawyer has marked pages to send **AI must not:** - Must not describe the claim as a total and permanent disablement claim - Must not ask for a preserved benefit to be released - Must not state a waiting period that is not written in the policy - Must not say the Life Code applies unless the lawyer has checked that the insurer subscribes to it **The lawyer checks:** - The cover is income protection or salary continuance held in the fund, and the policy wording in force at the relevant date is on the file - The waiting period and any offset are taken from that wording, not from this letter - Regulation 1.03C is not used as the policy test - Draft only in the firm's approved tool. In Victoria and New South Wales, do not disclose confidential client information without authority under Australian Solicitors' Conduct Rules r 9.2.1. A Queensland solicitor checks the local conduct rules. - If client information leaves the approved environment, check APP 11 and whether there is an eligible data breach under the Privacy Act notifiable data breach scheme. ## Authorities - [Superannuation Industry (Supervision) Act 1993 (Cth) s 52(7)(d) (covenant to do everything reasonable to pursue an insurance claim for a beneficiary if the claim has a reasonable prospect of success)](https://classic.austlii.edu.au/au/legis/cth/consol_act/sia1993473/s52.html) - [Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.03C (permanent incapacity is a separate release test: the trustee is reasonably satisfied the member is unlikely to engage in gainful employment for which the member is reasonably qualified)](https://classic.austlii.edu.au/au/legis/cth/consol_reg/sir1994582/s1.03c.html) - [Life Insurance Code of Practice, applicable from 1 March 2025 (claims timeframes, reasons and documents, and complaints about cover a superannuation trustee owns)](https://lifeccc.org.au/resources/life-insurance-code-of-practice/) - [Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 r 9 (confidentiality of client information)](https://legislation.nsw.gov.au/view/html/inforce/current/sl-2015-0244) - [OAIC, Australian Privacy Principles guidelines, Chapter 11 (APP 11: reasonable steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure)](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-11-app-11-security-of-personal-information) - [OAIC, Data breach preparation and response, Part 1 (Notifiable Data Breaches scheme in Privacy Act 1988 (Cth) Part IIIC: notify individuals and the Commissioner of an eligible data breach)](https://www.oaic.gov.au/privacy/notifiable-data-breaches/preventing-preparing-for-and-responding-to-data-breaches/data-breach-preparation-and-response/part-1-data-breaches-and-the-australian-privacy-act) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/superannuation/income-protection-claim-letter and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*