4.5.3.60 Nominees

Nominee arrangements for Resolution Scheme

Another person may act for, and on behalf of, a person who is or may be entitled to a resolution payment. The Determination refers to payment nominees, correspondence nominees, other agents, and personal representatives of deceased estates.

Section 28 of the Determination applies existing arrangements in the SS(Admin)Act (for correspondence and payment nominees), for the purposes of the Resolution Scheme. Subsection 28(1) of the Determination provides that Part 3A of the SS(Admin)Act applies as if a:

• resolution payment was a relevant payment within the meaning of Part 3A of the SS(Admin)Act, and
• person who is, or may be, entitled to be paid a resolution payment under the Resolution Scheme (a principal) were a benefit recipient for Division 4 of Part 3A of the SS(Admin)Act.

Subsection 28(2) of the Determination, for the avoidance of all doubt, declares that:

• if, immediately before 30 January 2026, a person is the payment nominee of a principal, the person continues as the payment nominee of the principal for the purposes of the operation of the Resolution Scheme on and from 30 January 2026
• if, immediately before 30 January 2026, a person is the correspondence nominee of a principal, the person continues as the correspondence nominee of the principal for the purposes of the operation of the Resolution Scheme on and from 30 January 2026
• a person appointed as the payment nominee of a principal on and after 30 January 2026, is the payment nominee of the principal for the purposes of the social security law including the operation of the Resolution Scheme
• a person appointed as the correspondence nominee of a principal on and after 30 January 2026, is the correspondence nominee of the principal for the purposes of the social security law including the operation of the Resolution Scheme.

Correspondence nominee, nominee, and payment nominee are given the same meaning in section 123A of the SS(Admin)Act.

If a person has a correspondence nominee appointed under the SS(Admin)Act in place at the time of making an application for the Resolution Scheme, that correspondence nominee (on behalf of the entitled person) is able to make an application, receive correspondence, accept or refuse an offer under the scheme, or seek an internal review of a decision under the Resolution Scheme.

If a correspondence nominee is suspended or revoked at any time under section 123E of the SS(Admin)Act, that person is no longer a correspondence nominee from the time of the suspension or revocation for the purposes of the Resolution Scheme.

As a resolution payment will be taken as a ‘relevant payment’ within the meaning of Part 3A of the SS(Admin)Act and the principal (that is, entitled person) will be taken to be a ‘benefit recipient’ for Division 4 of Part 3A of the SS(Admin)Act, the resolution payment will be able to be paid to an appointed payment nominee for the purposes of the Resolution Scheme.

Similarly, any suspension or revocation of a payment nominee under section 123E of the SS(Admin)Act will apply from the time of the suspension or revocation for the purposes of the Resolution Scheme. For example, if a person is appointed as the payment nominee of a principal immediately before 30 January 2026 and then is later suspended as a payment nominee after the principal submits an application for the Resolution Scheme, then any resolution payment cannot be paid to the suspended payment nominee.