What You Need to Know About Care and Family Support in NSW CTP Claims
If you’ve been injured in a motor vehicle accident in NSW, you may be eligible for care and family support benefits through the Compulsory Third Party (CTP) scheme. These benefits are designed to help cover the costs of care, support, and assistance that your family may need during your recovery. However, before you settle on a claim, there are important legal and practical questions to consider.
What Is Care and Family Support in the CTP Scheme?
Under the Motor Accident Injuries Act 2017, the CTP scheme provides financial support to injured people and their families. This includes care and family support benefits, which are intended to cover the cost of assistance with daily living, such as help with personal care, household tasks, or supervision of children or elderly dependants.
These benefits are available to dependants of injured people, including children, elderly parents, or partners who are unable to work due to the injury. The amount of support you receive depends on the type of assistance needed and the number of dependants.
What Are the Key Questions to Ask Before Settling?
- Is your injury eligible for care and family support benefits?
To qualify, your injury must meet the threshold injury criteria outlined in the Motor Accident Guidelines. Threshold injuries include soft tissue injuries, such as whiplash, sprains, or strains, that result in neurological signs. If your injury is below this threshold, you may not be eligible for these benefits.
- How long will you receive care and family support?
Care and family support benefits are typically available for up to 52 weeks after the accident. After this period, the benefits may be reduced or stopped, depending on your recovery progress. If your injury is more severe, you may be eligible for longer-term support.
- What evidence do I need to support my claim?
To claim care and family support, you’ll need to provide evidence of your injury, the assistance you require, and the impact on your dependants. This may include medical reports, a care plan from a registered nurse or social worker, and evidence of your dependants’ needs.
- Can I claim for my dependants’ lost income?
In some cases, dependants may be eligible for weekly income payments if they are unable to work due to your injury. This is separate from care and family support benefits and is based on the dependant’s lost income.
- What happens if my claim is disputed?
If your claim is disputed, you may need to seek independent legal advice to challenge the decision. The CTP insurer has a duty to act fairly, but disputes can arise over the nature of the injury, the level of support needed, or the length of the claim.
What You Should Do Next
Before you settle on a claim, it’s important to understand your rights and the support available to you. If you have questions about your eligibility, the type of assistance you can receive, or the length of your claim, you should seek legal advice.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.