Time limits and complaints for TPD claims through super in Queensland (2026)
A TPD claim through super is an insurance claim you make to your super fund under its policy, not a claim for damages. No single legal deadline applies to lodging it: time limits vary by policy and fund. If the fund or insurer declines the claim, AFCA’s rules set complaint deadlines, including a 2-year claim window and a 4-year complaint window where you permanently stopped work.
Key takeaways
What a TPD claim through super is
A total and permanent disability (TPD) claim is a claim for a benefit under an insurance policy, often through a superannuation fund. You claim through the fund’s trustee, and the trustee and the insurer decide whether you meet the policy’s terms.
This makes a TPD claim different from a compensation claim after an accident. Queensland legislation, with fixed notice deadlines, governs a CTP, WorkCover or public liability claim. In contrast, the policy itself, the fund’s processes and the external complaints scheme that the Australian Financial Complaints Authority (AFCA) runs mainly govern a TPD claim.
Because each policy is different, this guide doesn’t describe any particular definition of “total and permanent disability”. The definition in your policy is the one that matters.
Time limits for lodging a TPD claim
There is no single legal deadline for lodging a TPD claim with a super fund or insurer. Instead, time limits vary by policy and fund. Check the policy document or product disclosure statement for your fund, or ask the fund in writing.
Separately, Queensland’s Limitation of Actions Act 1974 s 10 sets a 6-year limitation period for actions on a contract, which may be relevant if a dispute about a TPD policy ever goes to court. Whether and how it applies depends on the facts, so get advice from a lawyer before relying on it.
The AFCA time limits below can also affect you. One of them depends on when you made your claim, so the date you lodge with the fund matters even if your policy has no deadline of its own.
AFCA complaint time limits for TPD
If your fund or insurer declines a TPD claim, you can complain to the fund first and then to AFCA. AFCA’s rules set firm deadlines for TPD complaints, and AFCA says it will not extend them (AFCA Rules B.4.1).
|
Your situation |
AFCA time limit |
|---|---|
|
You permanently stopped work because of your condition |
You must have made the TPD claim within 2 years of permanently ceasing employment, and must lodge the complaint with AFCA within 4 years of the trustee’s or insurer’s decision |
|
Other TPD cases |
You must lodge the complaint within 6 years of the decision |
|
Other superannuation complaints |
Generally within 2 years of the fund’s internal dispute resolution response, and extendable for good reason |
Why the 2-year rule matters if you’ve stopped work
The 2-year rule is the AFCA limit most likely to catch people out. If you permanently stopped work because of your condition and you don’t make your TPD claim within 2 years of ceasing employment, AFCA’s rules may stop it from considering a later complaint about that claim.
People who stop work after an injury or illness are often dealing with treatment, income worries and other claims at the same time. Keeping a note of the date you last worked, and the date you lodged your TPD claim, helps you work out which limits apply.
How a TPD claim usually works
Documents to gather
A TPD claim turns on evidence about your condition and your work. It helps to collect documents early, especially if you have several funds:
TPD and other injury claims
If a work injury, a car accident or an incident in a public place caused your condition, you may also be dealing with a WorkCover, CTP or public liability claim. Each of those has its own strict Queensland deadlines, which don’t pause while the trustee and insurer assess a TPD claim.
For example, you must generally lodge a WorkCover statutory application within 6 months after the entitlement arises, and a CTP Notice of Accident Claim Form is due by the earlier of 9 months after the accident and 1 month after first consulting a lawyer. Our guides to WorkCover claims and CTP claims set those out.
How a TPD payment interacts with other compensation depends on the policy and the other scheme. This guide doesn’t cover that, so ask your fund or a lawyer.
Legal costs for TPD claims
If you engage a Queensland law practice, the Legal Profession Act 2007 sets rules for how it charges:
Concerns about a lawyer
If you are unhappy with a Queensland lawyer’s conduct or bill, the Legal Services Commission receives enquiries and complaints. A client can generally apply for a costs assessment within 12 months after a bill or request for payment (LSC: costs assessments).
However, for a complaint about the fund or insurer itself, the path is the fund’s internal process and then AFCA, not the Legal Services Commission.
Frequently asked questions
Sources
Related guides
About the author
Marshall Fenech, Editor
Marshall Fenech is the editor of Compare Personal Injury Lawyer QLD. He researches Queensland personal injury law firms and claim rules, checks every fact against public sources such as the Queensland Law Society, MAIC, WorkCover Queensland and Queensland legislation, and dates each check. He does not give legal advice.
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