What Are Attendant Care Services in NSW CTP Claims?
If you or a family member has suffered a serious injury in a motor accident in New South Wales, you may be entitled to claim for attendant care services through the Compulsory Third Party (CTP) insurance scheme. These services cover practical assistance with daily living activities such as bathing, dressing, preparing meals, managing medications, and providing supervision due to cognitive or physical impairments. The CTP scheme, administered by the State Insurance Regulatory Authority (SIRA), supports people who need help with personal care because of injury, regardless of who was at fault in the accident.
What Types of Care Are Covered?
Under the Motor Accident Injuries Act 2017, attendant care services include both practical assistance and supervision. This can include:
- Personal care such as washing, toileting, and dressing
- Assistance with mobility and transferring between surfaces
- Help with meal preparation and feeding
- Medication management
- Supervision for individuals with cognitive impairments or behavioural challenges
These services may be provided by a family member, a professional carer, or a combination of both. The CTP scheme will assess whether the care is reasonable and necessary in relation to the injury and the person’s functional limitations.
How Are Caregiver Claims Handled Under CTP?
A family member who provides care without payment may still be eligible to claim for the value of that care. The CTP scheme allows for a claim for the reasonable cost of care, which is calculated based on the number of hours of care provided, the level of care required, and the rate for professional care in the relevant area of NSW.
If a family member provides care, they must provide a detailed record of the hours spent, the nature of the assistance, and the impact on their own time and capacity. The claim is assessed against SIRA’s guidelines on reasonable care and the actual need for assistance. The value of unpaid care is not automatically awarded; it must be supported by evidence.
What Evidence Is Needed to Support a Claim?
To establish a claim for attendant care services, you must provide documentation that shows:
- A medical report confirming the injury and its impact on daily functioning
- A functional capacity assessment, often from a physiotherapist, occupational therapist, or medical practitioner
- A detailed care log showing the hours, frequency, and nature of care provided
- Evidence of the caregiver’s role and time commitment, such as a written statement from the caregiver
- Photographic or video evidence (if appropriate and available) showing the need for assistance
SIRA’s Motor Accident Guidelines set out the criteria for determining whether care is reasonable and necessary. The guidelines state that care must be required due to the injury and not for reasons unrelated to the accident.
Practical Steps for Families and Caregivers
If you are a family member or caregiver supporting someone with a serious injury, follow these steps:
- Seek medical treatment immediately and keep all medical records
- Document care provided from the earliest point, including time, tasks, and changes in need
- Request a formal assessment of functional capacity from a qualified health professional
- Notify the CTP insurer or SIRA as soon as possible, using the claim form available on the SIRA website
- Submit all supporting evidence, including care logs and medical reports
It is important to begin documenting care needs early. Delays in reporting may affect the approval of benefits, and incomplete records may result in a claim being denied or reduced.
Time Limits and Legal Considerations
There is no fixed deadline for making a claim for attendant care services, but delays may affect the availability of evidence. SIRA advises that claims should be made as soon as possible after the accident, particularly if care needs are ongoing.
A common legal consideration is whether the care provided is reasonable and necessary. SIRA’s guidelines state that care must not be duplicative of services already provided by other systems (such as government home care packages) or by informal networks not linked to the injury.
Another point is that the CTP scheme does not cover all forms of care. For example, care that is primarily for convenience, emotional support, or long-term residential care (unless part of a treatment plan) may not be eligible. The focus is on care that is directly related to the injury and required because of functional limitations.
A Realistic Example
A 58-year-old man was injured in a car crash in Sydney in July 2026. He sustained a spinal injury that left him with limited mobility and impaired cognitive function. His wife, who had been his primary carer, provided 40 hours of care per week for three months. She kept a daily log, including notes on assistance with meals, transfers, medication, and supervision. After a medical assessment confirmed the need for ongoing care, she submitted a claim for the value of her unpaid care. The claim was assessed against SIRA’s rates for professional care and approved for a portion of the hours, based on the level of need and the consistency of the record.
When to Seek Independent Advice
While general information can help families understand the process, each claim depends on individual circumstances. The value of care, the duration of need, and the acceptability of unpaid care claims vary significantly based on injury severity, medical evidence, and the nature of the care provided.
If you are unsure whether your care needs are eligible, or if a claim has been denied, it is advisable to seek independent advice. SIRA provides information on the claim process, but it does not represent individuals in disputes.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.