Timing of contribution
There are also conditions relating to the timing of the contribution. It must be made within 90 days of the latter of:
- the day of receipt of the payment from which the contribution is made
- in the case of a written agreement, the day on which the written agreement was entered into or if the agreement must be endorsed by a court the day on which the order is made
- in the case of a court order, the day on which the order is made.
Two legally qualified medical practitioners must certify that because of the personal injury, the person is unlikely to be gainfully employed in a capacity for which they are reasonably qualified because of education, experience or training.
The person (or their legal personal representative) must notify the fund that the personal injury exclusion is to apply. This must be done in the approved form and no later than the time the contribution is made. If the person does not notify the fund that they are electing for the exclusion to apply before or at the time of making the contribution, the fund must report the amount as a personal contribution.