Preventing perpetrators from accessing victims’ super death benefits

About this consultation

We are seeking feedback on policy options to stop people who have committed family and domestic violence from receiving the superannuation death benefits of victims. The aim is to protect victim-survivors’ interests and support fair, timely payment of death benefits.

Why this issue matters

Under current superannuation law, a fund may be required to pay death benefits to a person who used family and domestic violence against the deceased. This can lead to unfair outcomes for victim-survivors and their families.

What we are considering

We are consulting on changes to superannuation law that could:

• prevent perpetrators from receiving victims’ super death benefits
• make the distribution of benefits in cases of family and domestic violence fairer and more consistent
• ensure payments are made without unnecessary delay.

The paper outlines several policy options and asks for views on how they should work in practice.

Background

This consultation is part of the Government’s commitment to improve safety in Commonwealth systems and close financial abuse loopholes across the superannuation, tax and corporate, and social security systems.

Have your say

You can respond to some or all of the questions in the consultation paper. You can also provide general feedback. You may choose to make your submission public, confidential or anonymous, consistent with Treasury’s submission and privacy processes.