Hi there. A person can make contributions to their superannuation in a number of ways. All personal contributions to superannuation are subject to a cap which, if exceed in a financial year, means you pay more tax. A person who receives a lump sum payout for a personal injury can contribute some or all of this money to their superannuation without it counting towards the cap. This is known as an exclusion to the non-concessional (after-tax) contribution cap. However, to qualify for the exclusion, you need to satisfy a number of strict conditions.

One of these conditions is that you must make your contribution within 90 days of: receiving the personal injury payout, the day you signed a settlement agreement relating to your payout, or the day a court ordered a payout in your favour. You must complete a ‘Contributions for personal injury form’ (NAT 71162) available from the ATO website and submit it to your super fund before or at the time of making the contribution.

These rules, including the 90 day time limit, are set out in Australia’s taxation laws. The relevant legislation does not provide an exception or extension of the time limit. More information can be found on the Australian Taxation Office’s website at www.ato.gov.au.