5 mistakes people make after receiving a compensation settlement
HFI Guide · Compensation & Centrelink
5 Mistakes People Make After a Compensation Settlement
Settlement day feels like the finish line. For many Australians, it marks the end of a long and exhausting legal process. But the most common compensation settlement mistakes happen in the weeks that follow, not before.
Overview
The decisions you make after a settlement matter as much as the settlement itself.
A compensation settlement can feel like the end of a long and difficult process. But some of the most costly mistakes happen in the weeks after the money arrives. Decisions about Centrelink, spending, insurance and super can have consequences that last for years.
This guide covers five compensation settlement mistakes people regularly make after receiving a lump sum in Australia, and what to do instead. Each one is avoidable with the right advice at the right time.
| # | Core issue |
|---|---|
| 1 | Not understanding the preclusion period before spending the money |
| 2 | No plan to replace income during the preclusion period |
| 3 | Not holding enough accessible cash to last the full period |
| 4 | Not checking for an unclaimed TPD benefit in super or insurance |
| 5 | Assuming superannuation cannot help with post-settlement planning |
Not understanding what the preclusion period actually means
If Centrelink income support is paused after your settlement, it is usually because of something called a preclusion period. Many people do not know it exists until after they have already spent the money.
When a compensation settlement includes money for lost income or lost earning capacity, Services Australia may treat that payment as replacing income support for a period of time. During that period, payments such as the Disability Support Pension, JobSeeker and Carer Payment may not be available.
Not every compensation settlement triggers a preclusion period. Whether one applies depends on what the payment covers and how the settlement is structured. This needs to be confirmed, not assumed.
One common trap: settlements that are not broken down into separate categories may still be treated as including compensation for lost earnings. The way the settlement documents are drafted can affect the outcome.
The length of a preclusion period is calculated using a figure that Services Australia updates periodically. Always check the current figure before making any financial decisions.
Not planning for how to replace income during the preclusion period
If a preclusion period applies, Centrelink stops. Your living expenses do not. The lump sum needs to cover both.
For many people, Centrelink income support was covering day-to-day costs: rent or mortgage repayments, groceries, utilities, and medical expenses. During a preclusion period, those payments pause. The bills do not.
The mistake is treating the lump sum as a windfall rather than a replacement income source. If the money is spent before the preclusion period ends, the options to recover are very limited.
“A compensation lump sum is not a bonus. For many people it needs to function as their only income for a year or more. Planning for that from day one changes the outcome.”
Not holding enough accessible cash to cover the full preclusion period
Even people who budget carefully can make this mistake. Money locked away in an investment or property cannot easily be accessed in a hurry, and accessing it early can be costly.
Many people understand the preclusion period but still move the lump sum into investments, property or super before setting aside enough accessible cash for the full period. Once funds are in illiquid assets, drawing them down quickly may mean breaking a term deposit, selling an investment at a loss, or triggering an unexpected tax event.
The amount you need in cash depends on your circumstances: weekly living costs, debt repayments, medical or care expenses, and the length of the preclusion period. This needs to be worked out before any long-term decisions are made with the lump sum.
Cash first. Structure later. Getting this order right from the start is far simpler than trying to unwind decisions made in haste.
Compensation settlements can be large enough to generate investment income if structured well. Tax rates on income inside and outside super differ, and the Centrelink assets test affects how different structures are treated. Getting this right from the start is far easier than unwinding decisions made in a hurry.
Not checking whether you have an unclaimed TPD benefit
Workers compensation and TPD insurance are completely separate systems. Receiving one does not mean you cannot claim the other.
Many people who receive a workers compensation or personal injury settlement may also be eligible for a Total and Permanent Disability (TPD) benefit through their superannuation fund or a separate insurance policy. They never claim it, because they assume it was covered by the compensation, or they simply do not know to look.
TPD insurance sits inside your super fund or through a retail or group policy. If your injury or illness has left you unable to return to your usual work, or to any work depending on your policy, you may have a valid TPD claim that has not been made.
A TPD payment from a super fund is generally treated differently from a compensation payment for Centrelink purposes. However, it can still affect your income and assets test position once paid out of super. The interaction between the two is worth understanding before any decisions are made.
Assuming super cannot help after a compensation settlement
Super is not just for retirement. It can play a real role in how settlement funds are structured, but the rules are different from ordinary savings.
Many people who receive a compensation settlement assume superannuation is not relevant to their situation. They may not be working, may think they cannot contribute, or may not see how super connects to their immediate financial needs. In many cases, they are wrong.
Compensation settlements can be large enough that how and where the money is held makes a meaningful difference to tax outcomes and Centrelink treatment. Super is one of the structures worth considering, but it is not straightforward.
The common thread behind all five compensation settlement mistakes
Each of the five areas above reflects the same underlying problem: the financial consequences of a compensation settlement are treated as an afterthought, when they should be part of the planning from the start.
Your lawyer manages the legal outcome. Your financial adviser manages what happens to your financial position, your Centrelink entitlements, your insurance, your super, and your long-term security. These roles need to run in parallel, not one after the other.
Whether you are approaching settlement or have recently received a lump sum, our Centrelink preclusion period guide is a useful starting point. From there, a conversation with HFI will give you a clear picture of what applies to your situation.
Approaching settlement? Let’s talk before key financial decisions are locked in.
A short conversation before your settlement is finalised can prevent months of avoidable financial stress. HFI works with clients at both the pre-settlement and post-settlement stage.
Book an Appointment Read: Preclusion Period GuideRelated reading
- Centrelink Compensation Recovery, Services Australia
- Preclusion periods for Centrelink compensation recovery, Services Australia
- How Services Australia calculates preclusion periods
- Social Security Act 1991 (Cth), current compilation, Federal Register of Legislation
- EJA Factsheet: Compensation Preclusion Periods, Economic Justice Australia
- HFI: Centrelink Preclusion Period: What It Means for Your Financial Future
- HFI: Post-TPD Financial Advice (After Approval)
Important information
This article is general information only and does not take into account your personal circumstances. Compensation settlements can have Centrelink, tax, legal and financial planning consequences that vary significantly depending on your situation. Not every compensation settlement triggers a preclusion period. Outcomes depend on what the payment is for and how it is structured. Interest and investment earnings on settlement funds may be taxable regardless of the nature of the underlying payment. You should seek advice from qualified financial, legal and tax professionals before making any decisions. Centrelink rules, preclusion period calculations, divisors and thresholds change over time. Verify current figures with Services Australia before acting. HFI does not provide legal advice or tax agent services unless expressly stated. You should confirm legal settlement wording with your lawyer and tax consequences with a registered tax professional.
Health & Finance Integrated is a Corporate Authorised Representative of Able Financial Services, ABN 27 646 319 164, AFSL 530596, Shop 6, 23 Hassall St, Parramatta NSW 2150.