What Changed for Care and Family Support Claims After 2017?
- The 2017 reforms to NSW’s Compulsory Third Party (CTP) scheme introduced significant changes to how care and family support claims are assessed. Under the new Motor Accident Injuries Act 2017 (MAIA), insurers now evaluate these claims based on the injured person’s
- daily living needs* and the
- financial impact* of care requirements. This shift means claimants must provide detailed evidence of their care needs, including medical reports, care plans, and documentation of unpaid family support.
How Are Care and Family Support Claims Assessed Under the New Rules?
- The reforms prioritise
- objective evidence* over subjective assumptions. For example, if a claimant requires assistance with bathing, dressing, or meal preparation, they must demonstrate this through medical assessments or care provider records. Insurers also consider the
- cost of care*, including both paid services and unpaid family time, under the revised guidelines.
- A key change is the emphasis on
- daily living assistance* as a separate claimable item. Previously, family support was often overlooked or undervalued. Now, claimants must explicitly request compensation for both
- paid care services* and
- loss of family time*. This includes documenting the hours of unpaid care provided by family members and the associated financial impact.
Practical Steps for Claimants in Auburn
To support a care or family support claim, claimants should:
- Secure medical evidence confirming care needs (e.g., a doctor’s report stating the injured person requires assistance with daily tasks).
- Document unpaid family support with time records, witness statements, or family affidavits.
- Request a care plan from healthcare providers outlining the type and frequency of assistance needed.
- Keep records of care costs, including invoices for paid services or receipts for household expenses incurred due to the injury.
Time Limits and Dispute Resolution
Claims must be submitted within five years of the accident date under the MAIA. Delays can jeopardise entitlements, especially for long-term care needs. If an insurer disputes a claim, claimants may need to:
- Request a review of the insurer’s assessment.
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT) or a solicitor.
- Consult a legal professional if the claim involves complex issues like lifetime care or overlapping workers’ compensation claims.
Why the 2017 Changes Matter for Auburn Claimants
- The reforms mean claimants in Auburn must now take a proactive approach to documenting care needs. For example, a claimant who previously relied on family support without formal records may now need to provide detailed evidence to meet the new standards. This change also affects
- weekly income payments* and
- treatment benefits*, as the MAIA requires a holistic assessment of all claimable items.
When to Seek Legal Advice
If your claim involves disputes over care assessments, overlapping benefits, or complex injury types (e.g., soft-tissue injuries with long-term care needs), legal advice is essential. A solicitor can help ensure your claim aligns with the MAIA’s requirements and maximises your entitlements.
Next Steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.