Attendant care services, scheme eligibility basics
Where a person's only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care generally cease after 52 weeks (ss 3.11 and 3.28).
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 in Newcastle or the Hunter region 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 determine your eligibility, what evidence is needed, and how the scheme works in regional NSW.
How the CTP scheme covers attendant care
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme provides financial support for injuries caused by road accidents. Attendant care services are available to injured road users who require assistance with basic living activities such as eating, dressing, or personal hygiene. This support is designed to help you maintain independence during recovery.
To qualify, your injury must meet the scheme's definition of a 'threshold injury', a term used to describe injuries that result in a significant and lasting impact on daily life. This includes injuries to the spine, brain, or major joints that require ongoing care. The New South Wales Motor Accident Guidelines provide detailed criteria for assessing whether an injury meets this threshold.
Proving you need attendant care services
To claim attendant care services, you must demonstrate that your injury has caused a genuine need for assistance with daily living tasks. This typically involves:
- Medical evidence from a registered medical practitioner confirming your injury and care needs
- A statement from a carer or family member detailing the assistance required
- Documentation of how your injury affects your ability to perform basic activities
SIRA (State Insurance Regulatory Authority) will assess your claim based on these records. It's important to provide clear, consistent evidence that shows your injury has resulted in a lasting need for care. For example, if you require help with mobility due to a spinal injury, your doctor must confirm this is a long-term condition.
SIRA guidelines for regional NSW
SIRA's guidelines for the Newcastle and Hunter region are the same as for other parts of NSW, but regional offices may have specific procedures for processing claims. When submitting your claim, ensure you:
- Submit all required documentation to the Newcastle or Hunter SIRA office
- Request a review if your claim is rejected
- Seek assistance from a local SIRA claims officer if you need clarification
SIRA encourages injured people to contact their local office for guidance. Regional staff can help you understand how to best present your evidence and ensure your claim meets the scheme's requirements.
Time limits and when to seek advice
You have a limited time to make a CTP claim. Under the Motor Accident Injuries Act 2017, you must submit your claim to SIRA within 52 weeks of the accident date. If your claim involves a dispute over eligibility or payment, it's important to seek legal advice promptly. Delays can affect your ability to receive support, especially if your injury requires ongoing care.
Next steps for injured road users
If you're in Newcastle or the Hunter region and need help with daily living after a motor vehicle accident, start by gathering medical records and documenting your care needs. Contact SIRA directly to submit your claim and ask about available support. Remember, every claim depends on its own facts, to request contact about your circumstances, complete the quick, no obligation enquiry form.