---
title: "Deed of release for a total and permanent disablement or income protection claim"
url: "https://ailawframework.com/precedents/superannuation/tpd-or-income-protection-deed-of-release"
type: "precedent"
site: "AI Law Framework"
id: "a27-tpd-or-income-protection-deed-of-release"
area_id: "A27"
kind: "deed"
ai_level: "yellow"
version: 1
task_ids: ["A27-TP20261023-2", "A27-TP20261023-8", "A22-T1-R13"]
law_stated_as_at: "2026-10-23"
---

# 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.

Canonical page: https://ailawframework.com/precedents/superannuation/tpd-or-income-protection-deed-of-release  
Law stated as at: 2026-10-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Deed. A deed that must be executed as a deed.
- Practice area: [Superannuation](https://ailawframework.com/precedents/superannuation.md)
- Jurisdictions: Commonwealth
- 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 2 authorities it cites, for Commonwealth.

## 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](https://ailawframework.com/practice/superannuation.md#A27-TP20261023-2)
- [Work out the tax-free uplift on a disability superannuation lump sum](https://ailawframework.com/practice/superannuation.md#A27-TP20261023-8)
- [Draft a settlement deed and release for an insurance claim](https://ailawframework.com/practice/insurance-law/draft-a-settlement-deed-and-release-for-an-insurance-claim.md)

## 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.

## Authorities

- [Superannuation Industry (Supervision) Regulations 1994 (Cth) reg 1.03C, meaning of permanent incapacity](https://classic.austlii.edu.au/au/legis/cth/consol_reg/sir1994582/s1.03c.html)
- [Income Tax Assessment Act 1997 (Cth) s 307-145, modification for disability benefits](https://classic.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s307.145.html)

## 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/tpd-or-income-protection-deed-of-release 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.*