Deed · Superannuation
Deed of release for a total and permanent disablement or income protection claim
A release of a total and permanent disablement claim, an income protection claim, or both, which keeps the policy test separate from the superannuation permanent-incapacity test.
- Kind
- Deed. A deed that must be executed as a deed.
- Where it applies
- Commonwealth
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 23 October 2026
- Status
- Maintained. Checked on 23 October 2026 against the 2 authorities it cites, for Commonwealth.
- Version
- 1
- Source
- Written for this library
When to use it
Use when an insurer has agreed to pay a stated sum to end a total and permanent disablement claim or an income protection claim. Do not use it as the claim form, or as a release of a personal injury damages claim.
Used for these tasks
- Compare the policy test for disablement with the permanent incapacity release test
- Work out the tax-free uplift on a disability superannuation lump sum
- Draft a settlement deed and release for an insurance claim
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
The member, the trustee and the insurer may be given this deed to consider, and the tool does not decide that a condition of release is met.
AI may
- Record which claim is being settled and the amount to be paid.
- Keep regulation 1.03C as a separate trustee record where the benefit is in a superannuation fund.
- Leave the tax-free component for the trustee to calculate under section 307-145.
- Limit an income protection release to the period the deed names, unless the policy clause and the deed both end later benefits.
AI must not
- Do not treat an insurer's acceptance of a policy definition as the trustee's satisfaction under regulation 1.03C.
- Do not calculate the tax-free uplift, a preclusion period, or a policy offset.
- Do not release a claim that is not ticked, or a personal injury claim against a wrongdoer.
- Do not put medical reports into a public tool, and do not attach them to the deed.
The lawyer checks
- Read the policy. The payee, the definition of disablement, and any end to periodic benefits come from the policy, not from this deed.
- Regulation 1.03C applies to a member of a superannuation fund or an approved deposit fund. Mark it not applicable for a retail policy outside superannuation.
- Section 307-145 applies where the lump sum is a disability superannuation benefit. The defined terms used in the formula were not all opened. The trustee calculates it.
- Complete the execution block for the place of signing. Victorian deed formalities were not opened.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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All precedents for Superannuation · Tasks and AI use in this area