What Care and Family Support Can Be Claimed Under NSW CTP Law?
Under the Motor Accident Injuries Act 2017 (MAIA), if you or a family member sustained an injury in a motor accident in New South Wales, you may be entitled to claim for care and family support. This includes both paid care services and the value of unpaid care provided by a family member. The law allows compensation for care needs that arise directly from the accident, such as assistance with personal hygiene, mobility, medication management, or daily living tasks. For example, if a person requires help with dressing or preparing meals after a spinal injury, those needs may be claimable.
How Family Support Claims Are Assessed in NSW
Family support claims are assessed based on the actual time spent by a family member providing care and the reasonable value of that time. The claim must show that the care was necessary, reasonable, and directly linked to the injury. The law does not compensate for general household help, such as cooking meals or doing laundry, unless those tasks are part of a structured care plan due to the injury.
The value of unpaid care is calculated using the average hourly rate for home care workers in the area. For example, if a family member reduces their work hours to provide care, the claim may include the cost of that time at the prevailing rate for care workers in Greater Sydney. The claim must not duplicate benefits received from other sources, such as government carer’s allowance or workers compensation.
Legal Limits on Care and Family Support Claims
There are clear legal limits on what can be claimed. Family support payments are only available for care that is reasonable and necessary as a direct result of the accident. Care provided before the accident cannot be included. Only the additional time required due to the injury may be claimed.
The claim must also not include care that was not needed as a result of the accident. For example, if a family member was already assisting with daily tasks prior to the crash, only the extra time required because of the injury can be claimed.
If a person’s only injuries resulting from the accident are threshold injuries, weekly benefits and treatment and care benefits are generally limited after 52 weeks under MAIA sections 3.11 and 3.28. This does not affect the right to claim for family support, but it may impact the overall claim duration and value.
Evidence Required to Support a Claim
To support a claim for care and family support, you should gather and preserve the following evidence:
- A medical report from your treating practitioner confirming the nature, duration, and necessity of your care needs.
- A detailed diary of the time spent by family members on care tasks, including dates, times, and descriptions of activities.
- Pay slips or employment records showing reduced work hours or unpaid leave taken to provide care.
- Signed logbooks, digital calendar entries, or time-tracking app records to demonstrate consistency and accuracy.
- Photographs of the injury site or care environment, if relevant to showing the need for assistance.
- Correspondence with the insurer, including claim forms and responses.
In Greater Sydney, claimants have successfully used digital records and signed logbooks to demonstrate care hours. Insurers may request a formal assessment of care needs by an independent medical expert, so keeping accurate records from the start is essential.
When to Seek Advice and How to Proceed
While there is no fixed deadline for making a CTP claim, delays may affect the insurer’s ability to assess the claim fairly. If evidence is lost or witnesses are no longer available, it may impact the outcome. If a claim for family support is rejected, you may request a review or apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision.
It is advisable to seek advice if:
- The insurer disputes the need for care or the amount claimed.
- You are unsure whether your care needs qualify under the law.
- You have been injured in a complex accident involving multiple vehicles, a pedestrian, or a motorcyclist.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.