What changed for care and family support claims after the 2017 CTP reforms in NSW
The 2017 reforms to the NSW Compulsory Third Party (CTP) insurance scheme significantly reshaped how families can claim for care and family support following a motor vehicle accident. Prior to these changes, entitlements for unpaid care provided by family members were limited and inconsistently applied. The reforms introduced a more structured and transparent framework that allows eligible individuals to claim for both paid and unpaid care needs resulting from a serious injury. This includes support for a family member who provides care to an injured person, whether that care is delivered by a professional or a relative. The changes were made to ensure that families are not left to bear the financial burden of care that arises directly from a motor accident, particularly when the injured person has a permanent or long-term need for assistance.
How the CTP scheme now supports care and family needs
Under the current Motor Accident Injuries Act 2017, a person who has suffered a serious injury in a motor accident may claim for care and family support benefits if they require assistance with daily personal tasks such as bathing, dressing, eating, or managing medications. These benefits are available regardless of fault, provided the injury meets the threshold for a serious injury under the Act. The scheme recognises that care needs may arise from a range of injuries, including spinal injuries, brain injuries, or severe musculoskeletal trauma.
Family members who provide unpaid care may claim for the value of that support. The claim is assessed based on the actual time spent providing care, the nature of the tasks, and the level of skill required. For example, a spouse who helps a partner with mobility, medication, and household management after a serious crash may be entitled to a financial compensation for that time. The value is calculated using a standard rate per hour, which is set by the Motor Accident Injuries Regulation 2017 and reviewed periodically by the State Insurance Regulatory Authority (SIRA).
What evidence is needed to support a care and family support claim
To establish a claim for care and family support, the injured person or their carer must provide clear and contemporaneous evidence of the care provided. This includes:
- A detailed care log recording the date, time, duration, and nature of each care activity.
- A medical report from a treating practitioner confirming the need for assistance with daily personal tasks.
- A statement from the carer outlining their role, the tasks performed, and the frequency of care.
- Evidence of any paid care arrangements, such as invoices from a home care provider or nursing agency.
The claim must also demonstrate that the care was necessary and not duplicative of services already provided through government or community supports. SIRA has issued guidance that emphasises the importance of consistency and accuracy in care logs, as inconsistencies may lead to a claim being reduced or denied.
Practical steps to take after a serious injury
If you or a family member has sustained a serious injury in a motor accident and is now receiving or requiring care, it is important to act promptly. The first step is to seek medical treatment and obtain a formal assessment of the injury and care needs. This assessment should be documented and retained. Next, begin recording all care activities in a written log as soon as possible, even if informal at first. The log should be updated regularly and include details such as the time spent, the type of assistance (e.g., transferring from bed to wheelchair), and any changes in the level of need.
Notify the CTP insurer as soon as possible, ideally within 14 days of the accident, to initiate the claim process. You may also contact SIRA directly for guidance on completing the claim form. It is not necessary to have a solicitor to begin the process, but legal advice may be helpful if the claim is complex or disputed.
Time limits and dispute resolution
There is a 3-year limitation period from the date of the motor accident to commence a claim for care and family support under the Motor Accident Injuries Act 2017. This deadline applies to both claims for unpaid care and those for paid care services. Failure to file within this period may result in the claim being barred, unless an extension is granted by a tribunal.
If an insurer refuses a claim or offers a lower amount than expected, a dispute may be raised through SIRA’s dispute resolution process. This includes a formal review, mediation, or, if necessary, an application to the NSW Civil and Administrative Tribunal (NCAT). The tribunal may order the insurer to pay the correct amount, including interest and reasonable legal costs if applicable.
A realistic example
A 42-year-old mother was involved in a head-on collision in a car park in Sydney in June 2024. She sustained a spinal cord injury that left her with limited mobility and requiring assistance with most daily tasks. Her teenage daughter, who lives with her, began helping with meals, medication, and household chores. Over six months, the daughter spent approximately 15 hours per week on care tasks. After a medical assessment confirmed her mother’s need for ongoing care, the daughter submitted a claim for unpaid care support. The insurer initially offered a lower rate, but after the family submitted a detailed care log and a statement from the mother’s rehabilitation specialist, the claim was approved at the full rate per hour.
Next steps
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.