How to make a Claim to Incolink

There are two types of payments that workers who are unemployed can apply for through Incolink:

1. An Initial Benefit when you finish work. This is an amount not exceeding the maximum initial benefit as prescribed in the Trust Deeds and as adjusted on 1 October each year (currently $4,801.90 for period 1 October 2010 to 30 September 2011) or the balance of their account if the amount held is less than the maximum initial benefit.
2. The Balance of Funds Redundancy Benefits in the form of a lump sum payment.

Initial Benefit
You can apply for the Initial Benefit when you first become unemployed. By completing the Initial Benefit Claim Form and forwarding to Incolink via fax, mail, emailor delivering to the Incolink office.

Your employer must confirm your termination by one of the following methods;

• Completing the Confirmation of Termination section the claim form by an authorised officer of the company and bearing the company stamp/seal
• Providing a Separation Certificate completed and signed by an authorised officer of your employer and bearing the company seal/stamp
• Providing a letter on company letterhead, signed by an authorised officer, confirming the date of your termination

Balance of Funds Redundancy Benefit
You can apply to withdraw the balance of money left in your account after your initial benefit has been paid subject to the completion of a Redundancy Benefits Claim Form and provided you meet one of the following criteria:

• You have been unemployed for four weeks and registered as seeking work with Centrelink or Incolink’s Member Services Department or have completed and executed the statutory declaration included in the claim form
• You have not worked in the industry for 39 weeks
• You are retiring from active employment and are over 55 years of age
• You are unemployed and leaving Australia for more than two years (you’ll need to provide a certified copy of your passport and airline tickets as proof)

You can access the Balance of Funds Redundancy Benefit Form here

Apprentice Claims
If you work on a commercial construction site, your employer will provide Incolink with the number of days you work on these sites, or provide Incolink with redundancy contribution payments, if required under an Industrial Instrument.

During your apprenticeship, if you are made redundant due to lack of work and you have worked on commercial construction sites, you may be entitled to make a redundancy claim.

If an apprentice becomes unemployed, they can claim their apprenticeship days as redundancy in the following situations:

1. An apprentice completes their apprenticeship, then completes 52 weeks within the commercial building industry, and their employer/s have paid 52 weeks redundancy contributions into Incolink during that period.
2. An apprentice who has not yet finished their apprenticeship is laid off due to a lack of work and there is no arrangement with their employer to re-employ them, and where the apprentice training agreement is cancelled.
3. An apprentice completes their apprenticeship, and is then laid off due to a lack of work within the next 52 weeks. There must be no arrangement with the employer to re-employ them.

To be eligible to have the days paid out as redundancy under situation A, the apprentice and the employer must complete and lodge an Initial Claim Form. Under situations B and C, the apprentice and the employer are required to complete and lodge an Initial Claim Form, the Application for Payment for Apprentice Credits claim form and provide the supporting paperwork.

Incolink also has a dedicated apprentice support team for apprentices in the commercial construction industry to find out more Contact Incolink Member Services Department.

Authorised Officers
The following people are authorised to sign documents related to claims on behalf of the employer:

• A current director of the company
• A partner in the business
• An authorised contact for the company as previously advised in writing to Incolink.

Tax on Benefits
When processing the claim, Incolink will deduct tax at the current rate determined by the Australian Tax Office. It is not against the law for employee members not to provide Incolink with their Tax File Number (TFN). However, if they do not provide us with their TFN or confirmation of their exemption from this requirement, tax will be deducted at the maximum marginal tax rate.

When Incolink Processes your claim, we will also send you a Group Certificate to use when making your annual tax return.

Please Note: Funds paid out by Incolink are not considered by the Australian Tax Office to be part of bonafide redundancy payment and therefore under no circumstances can Incolink provide any preferential tax treatment to payments.

Contact Incolink for further details regarding tax rates.