Superannuation (Resolution of Complaints) Act 1993 (Repealed)

PART 4 - COMPLAINTS, PROCEDURAL MATTERS RELATING TO COMPLAINTS AND COMPLAINTS THE TRIBUNAL CANNOT DEAL WITH  

SECTION 15G   WHO MAY MAKE A COMPLAINT UNDER SECTION 15F  

15G(1)   [Circumstances for complaints]  

A person may make a complaint under section 15F concerning a decision of an RSA provider in relation to an RSA only if:


(a) in the case of a decision that relates to the payment of a death benefit:


(i) the person has an interest in the benefit; or

(ii) the person claims to be, or to be entitled to benefits through, a person referred to in subparagraph (i); or

(iii) the person is acting for a person referred to in subparagraph (i) or (ii); or


(b) in the case of a decision that does not relate to the payment of a death benefit - the person is:


(i) the holder or the former holder of the RSA; or

(ii) a person acting for the holder or the former holder of the RSA, or for the estate of such a person.

15G(2)   [Interest in death benefit]  

A person does not have an interest in a death benefit for the purposes of paragraph (1)(a) unless:


(a) the person:


(i) has been given written notice by the RSA provider of the proposed payment of the benefit; and

(ii) has been given written notice by the RSA provider of the prescribed period within which the person may object; and

(iii) has objected to the RSA provider within the prescribed period; or


(b) the person has not been notified by the RSA provider of the proposed payment of the benefit and the failure to notify was unreasonable; or


(c) the person has been notified by the RSA provider of the proposed payment of the benefit but was not notified of the prescribed period to object to the payment; or


(d) the person has been notified by the RSA provider of the proposed payment of the benefit but was notified of a period less than the prescribed period for the purposes of subparagraph (a)(ii).


 

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