Attendant Care Services and CTP Scheme Eligibility on the Central Coast
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you’ve suffered a serious motor vehicle accident on the Central Coast and need help with daily living tasks, you may be eligible for attendant care services under the NSW Compulsory Third Party (CTP) scheme. This article explains how to qualify for these services, what they cover, and the steps to claim them.
What Types of Attendant Care Services Are Covered?
Under the Motor Accident Injuries Act 2017, the CTP scheme covers attendant care services if your injury meets the threshold injury criteria. This includes assistance with activities like:
- Eating and drinking
- Bathing and dressing
- Mobility support
- Personal hygiene
- Medication management
These services are designed to help injured road users maintain independence and safety during recovery. The New South Wales Motor Accident Guidelines specify that care must be provided by a registered nurse, physiotherapist, or occupational therapist.
How to Qualify for Attendant Care Services on the Central Coast
To claim attendant care services, your injury must:
- Meet the threshold injury definition under the Motor Accident Injuries Act 2017. This typically requires a whole person impairment (WPI) of 10% or more or a spinal nerve-root injury with neurological signs.
- Be directly related to the motor accident. For example, if you were a pedestrian hit by a car and now need assistance due to a fractured pelvis or spinal injury.
- Have a medical professional confirm your need for care. A doctor or specialist must document your condition and recommend attendant care as part of your treatment plan.
Steps to Claim Attendant Care Services Through the CTP Scheme
- Seek immediate medical attention. Ensure your injury is documented by a registered medical practitioner. This includes imaging, specialist reports, and a clear diagnosis.
- Notify your insurer. If you were involved in a blameless accident (where no fault is attributable to any party), the Nominal Defendant (a government body) will manage your claim. For fault-based accidents, contact the at-fault driver’s insurer.
- Submit a claim form. Use the SIRA online claim portal or contact your insurer directly. Include:
- Medical records confirming your injury
- Accident details (date, time, location, and circumstances)
- Evidence of your need for care (e.g., a care plan from your treating specialist)
- Wait for assessment. SIRA will review your claim and determine your weekly benefits and treatment and care benefits. If your injury is a threshold injury, you may receive weekly income payments for up to 52 weeks.
Time Limits and Dispute Options
You have five years from the date of your accident to claim attendant care services under the CTP scheme. However, weekly benefits are generally limited to 52 weeks if your injury is a threshold injury. If your claim is denied, you can:
- Request a review by SIRA
- Seek independent legal advice to challenge the decision
When to Seek Legal Advice
If your injury involves complex medical conditions, disputed fault, or long-term care needs, consider consulting a specialist solicitor. Legal professionals can help ensure your claim meets all CTP scheme requirements and that you receive the full range of benefits you’re entitled to.
Example: A Central Coast Resident’s Claim
Imagine a pedestrian on the Central Coast who was struck by a car and sustained a fractured pelvis and spinal injury. After a neurological assessment, a physiotherapist recommends attendant care services to assist with mobility. The injured person submits a claim to SIRA, and after review, receives weekly income payments and care services for 26 weeks.
Next Steps
CTP entitlements depend on the date of your accident, injury severity, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form.