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CORPORATIONS ACT 2001 - SECT 1056 When superannuation complaint cannot be made in relation to decision about the payment of death benefit

CORPORATIONS ACT 2001 - SECT 1056

When superannuation complaint cannot be made in relation to decision about the payment of death benefit

  (1)   A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision - maker relating to the payment of a death benefit unless the person has an interest in the death benefit.

  (2)   A person cannot make a superannuation complaint under the AFCA scheme relating to a decision by a death benefit decision - maker relating to the payment of a death benefit if:

  (a)   the decision - maker gave the person notice:

  (i)   that the decision - maker proposed to make the decision; and

  (ii)   that the person may object to the proposed decision within 28 days after being given notice;

    and the person did not, by notifying the decision - maker, object to the proposed decision within 28 days after being given notice; and

  (b)   the decision - maker gave the person notice:

  (i)   that the decision - maker had made the decision; and

  (ii)   that the person may make a complaint under the AFCA scheme relating to the decision within 28 days after being given notice;

    and the person does not make the complaint to AFCA within 28 days after being given notice.

  (3)   If a person has not been given either of the notices referred to in subsection   (2) relating to a decision by a death benefit decision - maker relating to the payment of a death benefit, the person cannot make a superannuation complaint under the AFCA scheme relating to the decision unless AFCA is satisfied that:

  (a)   the person has an interest in the death benefit; and

  (b)   it was unreasonable for the person not to be given those notices from the decision - maker.

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