Care and family support claims, what evidence to keep for NSW CTP cases
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).
If you or a family member has suffered a serious road injury in New South Wales, you may be entitled to care and family support benefits under the Compulsory Third Party (CTP) scheme. These benefits are designed to help cover the costs of unpaid care, such as assistance with daily living, medical appointments or household tasks. However, to claim these benefits, you must provide evidence that demonstrates the need for care and support.
The New South Wales government’s State Insurance Regulatory Authority (SIRA) provides guidance on what records and evidence are required to support claims for care and family support. This article explains what evidence you should keep, why it matters, and how it fits into the overall claims process.
What evidence is needed for care and family support claims?
To support a care and family support claim under the NSW CTP scheme, you must provide evidence that demonstrates the need for care and support. This includes:
- Medical records, These should show the nature and severity of your injury, including any neurological or physical impairments that affect your ability to care for yourself or others.
- Care records, These may include records of assistance received, such as help with bathing, dressing, or mobility. If a carer is involved, records of their hours of care or assistance provided may also be relevant.
- Witness statements, Statements from family members, friends, or carers who can attest to the need for care and support.
- Photographs or videos, These may be used to illustrate the extent of your injuries or the need for assistance with daily living.
- Financial records, These may include records of income lost due to your injury, or the cost of care and support received.
- Care provider records, If you have received care from a professional carer or support service, records from that provider may be needed to support your claim.
Why are records of care and family support important for CTP claims?
The NSW CTP scheme requires that claims be supported by evidence that demonstrates the need for care and support. This is because the scheme is designed to provide compensation for injuries that result in a loss of capacity to care for oneself or others.
Without proper records, it may be difficult to prove the extent of your care needs, which could affect the amount of compensation you receive. For example, if you have not kept records of the hours of care you received, it may be difficult to prove the full extent of your need for support.
How do SIRA guidelines address documentation for care and family support claims?
SIRA provides guidance on what records and evidence are needed to support claims for care and family support. According to SIRA, you should keep records of:
- The nature and severity of your injury
- The impact of your injury on your ability to care for yourself or others
- The care and support you have received
- The cost of care and support received
- Any other relevant information that supports your claim
SIRA also advises that you should keep records of any medical appointments, treatments, or consultations that may be relevant to your claim. This includes records of any neurological or physical impairments that may affect your ability to care for yourself or others.
A practical example of care and family support records
Let’s say you have suffered a serious road injury that has left you unable to care for yourself or your family. You may need to provide records of the care you have received, such as:
- A medical report that shows your injury has affected your ability to care for yourself or others
- Records of the hours of care you have received from a carer or family member
- Statements from family members or carers who can attest to the need for care and support
- Records of the cost of care and support received
These records will help to demonstrate the need for care and support, and may be used to support your claim for benefits under the NSW CTP scheme.
Time limits, disputes and when to seek advice
In most cases, you must make a claim within 52 weeks of the accident. However, there may be exceptions to this rule, depending on the circumstances of your case.
If you believe your claim has been denied or disputed, you may need to seek legal advice. A solicitor can help you understand your options and may be able to assist you in disputing a decision or seeking a review of your claim.
When to seek advice
If you are unsure whether you have a valid claim for care and family support, or if you are concerned about the evidence you have collected, it is important to seek advice from a qualified solicitor. A solicitor can help you understand your options and may be able to assist you in making a claim under the NSW CTP scheme.
Next steps
If you believe you may be entitled to care and family support benefits under the NSW CTP scheme, it is important to start gathering evidence as soon as possible. This includes keeping records of your injury, the care you have received, and any other relevant information that supports your claim.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.