How family and care support claims work under NSW CTP laws
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 or a family member has suffered a serious motor vehicle accident in NSW, you may be eligible for care and family support payments under the Compulsory Third Party (CTP) scheme. These claims cover the cost of unpaid care, such as assistance with daily living tasks, and can also include support for dependants like children or elderly relatives. This article explains how the NSW CTP scheme handles these claims, using practical examples from the Central Coast region.
Key CTP rules for family support claims
Under the Motor Accident Injuries Act 2017, the NSW CTP scheme covers care and family support payments when an injury results in a need for ongoing assistance. This includes:
- Unpaid care needs: Assistance with personal hygiene, mobility, or household tasks.
- Dependant support: Financial support for children, elderly relatives, or other dependants.
- Caregiver expenses: Reimbursement for costs incurred by a family member acting as a carer.
SIRA (State Insurance Regulatory Authority) assesses these claims based on the severity of the injury and the documented care requirements. For example, a Central Coast resident who suffered a spinal injury requiring full-time nursing care may qualify for weekly payments to cover the cost of hiring a carer.
Evidence needed for family support claims
To support a family care claim, you must provide:
- Medical records: Confirming the injury and its impact on daily living.
- Care provider details: Including invoices, receipts, or statements from professional carers.
- Witness statements: From family members or friends detailing the care needs.
- Income records: Showing the financial impact of the injury, such as lost wages or increased household costs.
On the Central Coast, some claimants have successfully secured support by documenting the need for 24/7 assistance after a serious road accident. SIRA typically requires evidence of a 'threshold injury', a defined level of harm under the Motor Accident Guidelines.
How Central Coast factors influence claim outcomes
While SIRA applies uniform standards across NSW, local factors on the Central Coast may affect claim outcomes. For instance, the availability of local healthcare providers or community support services can influence the assessment of care needs. A 2023 Central Coast case involved a cyclist with a traumatic brain injury who required long-term care; the claim was approved after demonstrating the need for both professional and family-based support.
Time limits and dispute resolution
You have 52 weeks from the date of the accident to claim statutory benefits for threshold injuries. After this period, weekly payments are generally limited unless the injury meets the 'whole person impairment' threshold. If you disagree with SIRA's assessment, you can request a review or seek independent legal advice.
When to seek legal assistance
Complex cases involving multiple dependants, long-term care needs, or disputes over claim value may require legal support. A solicitor can help ensure all evidence is properly submitted and that you understand your rights under the CTP scheme.
Next steps
CTP entitlements depend on the accident date, injury type, and claim history. To discuss your circumstances, complete the quick, no obligation enquiry form. Every claim depends on its own facts.