Unpaid super claims
What you need to know about your super fund
If you believe your employer hasn’t paid your full super entitlement—currently 9.5%—or hasn’t paid any super at all, you should notify the ATO on 131 020. The ATO will investigate and recover your unpaid super, along with interest and penalties.
The ATO will only collect unpaid super, not any insurance benefits attached to your super policy. If you’re covered by an award, enterprise agreement or individual contract which includes super, you may be able to sue your employer to collect the unpaid contributions and any insurance benefits you may have lost.
Maurice Blackburn has expert superannuation and insurance claims lawyers who can help to guide you through this process.
Employer not paying super?
If you believe your employer is not paying the proper contributions, these three steps will help you get the information you need to claim unpaid super.
1. Ask your employer for specific details on:
- the amount of super they are paying on your behalf
- the payment frequency
- the name of the fund they are paying your super into.
2. Check your most recent superannuation fund's member statement to see if your employer is making your payments correctly, and to make sure there are no unpaid superannuation contributions.
3. If your super payments have not been made, notify the Australian Taxation Office (ATO) on 131 020. The ATO will investigate and recover any unpaid super you are entitled to, along with interest and penalties.
Other unpaid entitlements
The ATO will only collect unpaid super from your employer. They will not collect any insurance benefits attached to your superannuation policy. If you think you have lost the chance to make an insurance claim through your super because your employer failed to make proper contributions to your super fund, we can give you free advice about your rights.
Why Maurice Blackburn?
Maurice Blackburn's superannuation claims lawyers are experts in the field. We can help you to gain early access to your funds when you need them the most, and we understand the importance of having someone in your corner when you're taking on a well-resourced insurance company.
We offer 'no win, no fee'* arrangements for these types of cases, which means that you don’t have to pay for our legal services if we don't win. We have superannuation and insurance claims lawyers in Melbourne, Sydney, Brisbane, Perth, Adelaide, Canberra and throughout Australia. Time limits apply on collecting unpaid super, so contact us today to receive a free superannuation and insurance check and to find out how we can help.
All you need to know about superannuation insurance
Most superannuation policies have insurance elements which are there to protect you if you can't work for any medical reason. We’ll explain who can make a claim and how the legal process works.