Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1056
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1056
Character Range: 4665448–4667115

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.