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Superannuation for people with disability

Find out about superannuation rules and how to manage and access your super if you’re a person with disability.

Last updated 4 June 2024

About your super

If you’re a person with disability, you should be aware of the super rules that regulate when you can access your super. In some situations you can apply for early access to your super. Also, if you receive personal injury payments, it can affect the caps that apply to your super contributions.

Self-managed super funds (also called SMSFs) work like any other super fund but the responsibility of managing them rests solely with their trustee. Generally, anyone 18 years or over can be a trustee of a super fund. One restriction is if a person is under a 'legal disability', which is the term for someone who is not able to manage their own affairs and includes people who have a 'mental impairment'. Find out how to appoint your trustees or directors.

For more information, see Getting your super started.

Super contribution caps

Limits or caps apply to contributions made to your superannuation in a financial year. If you contribute over your cap, you may pay extra tax.

The cap amount and how much extra tax you pay once you exceed it depend on whether the contributions are:

  • concessional – made from before-tax income
  • non-concessional – made from after-tax income.

Super contributions from certain personal injury payments

If the super contribution you are making comes from a personal injury payment (also known as a structured settlement), you may be able to exclude all or part of it from your non-concessional contributions cap. This means you will not pay extra tax on the contribution.

You may be able to exclude your contribution from your non-concessional contributions cap if it is an eligible:

  • workers' compensation settlement
  • personal injury settlement
  • court order made for compensation or damages for personal injury you suffered.

You must also meet all the requirements, which are to:

  • make your contribution in the required time limit
  • get certification from 2 legally qualified medical practitioners that it is unlikely you can ever work in a job for which you are reasonably qualified
  • notify your super provider before or when you make the contribution using the Contributions for personal injury election form (NAT 71162).

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