I can not express my faith and trust for this team and this company. They kept me informed at every stage about absolutely everything. No question was too much or too hard. The entire team at Claimsplus Lawyers go above and beyond to help you through your process. I would give them a 10 star rating.
You may be able to access your super and insurance early if you have a terminal medical condition
Terminal Illness Claims Through Super
If you have been diagnosed with a serious illness and your condition is considered terminal under superannuation law, you may be able to access your superannuation balance and any terminal illness or death insurance benefit earlier than usual. These claims are assessed under strict legal criteria, but when approved, they can provide access to funds at a critical time.
Strict criteria
assessed under superannuation law
Am I eligible?
This may apply to you if…
These claims commonly arise in cases involving advanced cancer, progressive neurological disease, end-stage organ failure, or other serious medical conditions with limited prognosis. If any of the following applies to you or someone you love, Claimsplus can help.
You have been diagnosed with a life-limiting illness
Your doctors have discussed prognosis in terms of limited life expectancy
You hold — or have held — a superannuation account in Australia
You or a family member needs help accessing super and insurance funds
Why Claimsplus
Why people choose Claimsplus for terminal illness claims through super
Strict criteria
Assessed under superannuation law
No win
No fee unless we win
Time-sensitive
Certification has a limited validity period
Family
Carers and family members supported
Understanding your claim
What is a terminal illness claim?
A terminal illness claim allows early access to superannuation and insurance benefits where a member meets the legal definition of a terminal medical condition.
Under Australian superannuation law, this generally requires certification by two registered medical practitioners that you have an illness or injury likely to result in death within a specified period (commonly 24 months), with at least one practitioner being a specialist in the relevant field. This definition is strict and must be satisfied at the time of claim.
If the criteria are met, you may be able to access your existing super savings early, and if your super includes insurance, you may also receive a terminal illness benefit or a death benefit paid early. The availability and amount depend on your policy.
Eligibility
Who qualifies?
You have been diagnosed with a life-limiting illness
Your doctors have discussed prognosis in terms of limited life expectancy
You are undergoing treatment for advanced or late-stage disease
You have been advised your condition is unlikely to improve
These claims commonly arise in cases involving advanced cancer, progressive neurological disease, end-stage organ failure, or other serious medical conditions with limited prognosis. If you’re unsure whether your situation qualifies, speak with Claimsplus.
The process
How it works
01
Medical certification
You must obtain certification from two registered medical practitioners confirming your condition meets the legal definition. At least one must be a specialist.
02
Lodge the claim
The claim is submitted to your super fund, along with medical evidence and supporting documentation.
03
Assessment
The fund and insurer assess whether the legal criteria are met. This is a criteria-based assessment, not a discretionary one.
04
Payment
If approved, super funds can be released and insurance benefits may be paid. The amount depends on the insurance attached to your super.
Common concerns
Questions people ask before they start
We understand this is an incredibly difficult time. Here are answers to the concerns we hear most.
“I’m not sure my diagnosis meets the strict legal definition”
The legal definition requires certification by two registered medical practitioners that you have an illness or injury likely to result in death within the specified period, with at least one being a specialist. Claimsplus works with your treating doctors to obtain the correct certification — even when the prognosis is uncertain.
“I’m too unwell to manage paperwork and phone calls”
Claimsplus handles every step on your behalf — or works directly with a family member, carer, or power of attorney. You don’t need to manage anything.
“I’m worried the certification period will expire before the claim is resolved”
Medical certifications are only valid for a limited period. Claimsplus prioritises terminal illness claims to ensure the application is complete and lodged promptly, reducing the risk of certification expiry.
“I’m not sure what insurance I have in my super”
Not all super funds provide a separate terminal illness benefit. In many cases, it is an early payment of the death benefit. Claimsplus can confirm what cover you have and explain what may be payable.
“I’m not sure about the cost”
Claimsplus works on a no win, no fee basis for eligible claims. You pay legal fees only if an entitlement is successfully recovered. There are no upfront costs and no hidden charges for legal work.
Client stories
What our clients say
I had spent years feeling hopeless. I dealt with Davina and she and her team are amazing. Never thought I’d have anything nice to say about lawyers, but Davina and the team really do care. They’re understanding and they get results. Your help has honestly saved me from losing everything.
Many times I was going to give up as it was too difficult to deal with as my injury had me very depressed and life was so hard for me to function. Without Athelene’s constant guidance and reassurance I would have given up. Without their help I would not have known about my cover. Thank you so much Athelene, you have changed my life.
Common questions
Terminal Illness Claims Through Super — Frequently asked questions
No. Terminal illness claims are not the same as TPD claims. TPD is based on inability to work. Terminal illness claims are based on life expectancy under strict legal criteria. In some cases both types of claims may be relevant, but they are assessed separately.
If a payment is made under the terminal medical condition rules, super lump sum payments are generally tax-free regardless of age, provided the legal definition is met at the time of payment. If the criteria are not met, different tax rules may apply. Accuracy in medical certification is critical because tax outcomes depend on meeting the legal definition at the time of release.
Medical certifications are only valid for a limited period (for example, 24 months from certification). If that period expires before the claim is resolved, new certification may be required. These claims are time-sensitive.
Yes. Claimsplus can work with a legal guardian, power of attorney, carer, or family representative if you are not able to manage the process yourself.
It can, but the impact depends on whether funds remain inside super or are withdrawn, and how they are used. Lump sum withdrawals may affect assets tests, income generated from funds may affect income tests, and different rules may apply depending on age and payment type. Centrelink treatment varies based on individual circumstances.
Not all super funds provide a separate terminal illness benefit. In many cases, the terminal illness benefit is an early payment of the death benefit. Cover must have been active at the relevant time, and the amount payable depends on the insurance attached to your super.
Assessment focuses on whether the medical certification meets legal requirements, whether the prognosis falls within the defined timeframe, whether insurance cover was active, and whether policy conditions are satisfied. This is a criteria-based assessment, not a discretionary one.
To prepare a claim, you will usually need super fund details, insurance information, certification from two medical practitioners, a specialist report, medical records, and identification documents. Claimsplus can help locate your accounts and guide the documentation process.