What Care and Family Support Is Available Under NSW CTP Law
If you have been injured in a motor accident in Greater Sydney, you may need help with daily tasks such as bathing, dressing, preparing meals, or managing household duties. The NSW Compulsory Third Party (CTP) insurance scheme, governed by the Motor Accident Injuries Act 2017, provides financial support for both paid and unpaid care. This includes assistance from family members or friends who provide care without payment. The scheme recognises that serious injuries can significantly affect a person’s ability to manage independently, and it offers support to maintain quality of life during recovery.
How to Request Care and Family Support in a CTP Claim
To claim care and family support benefits, you must notify your CTP insurer as soon as possible after the accident. You are not required to prove fault to access these benefits. The insurer will assess your need for care based on medical evidence and your ability to perform daily living activities. You must provide details of the care you receive, including the name and relationship of the carer, the hours of care per week, and the nature of the tasks performed. This information helps determine the value of the support you are entitled to.
What Questions Should You Ask About Care and Family Support?
Injured people in Greater Sydney often ask: How much will I receive for care? Can I claim for help from a family member who is not paid? What if I need care for more than 12 months? The Motor Accident Injuries Act 2017 allows for weekly payments for care and family support, which are calculated based on the national average hourly rate for care workers. These payments are not limited to paid carers, unpaid family members who provide care may also be compensated. The value depends on the number of hours of care per week and the duration of need.
You should ask your insurer to confirm whether your claim includes a care and family support component. If you are receiving care from a spouse, parent, or child, you must provide a written statement from that person confirming the hours and nature of care. You may also need to provide a medical certificate confirming your ongoing need for assistance.
Evidence That Matters for Care and Family Support Claims
The following records are essential to support a claim for care and family support:
- A medical certificate from your treating practitioner confirming your functional limitations and need for assistance with daily tasks.
- A detailed diary or log of care provided by a family member, including dates, times, and types of assistance.
- A written statement from the carer outlining their role and the hours spent providing care.
- Photographs of the accident scene, if relevant to establishing the impact on your mobility or daily function.
- Correspondence with your insurer about care needs.
SIRA, the NSW regulator, confirms that claims for care and family support are assessed on a case-by-case basis, using the Motor Accident Injuries Regulation 2017 and the Motor Accident Guidelines. The insurer must consider whether the care is reasonable, necessary, and directly related to the injuries sustained in the accident.
Time Limits and Dispute Options
There is no fixed deadline for making a claim for care and family support, but it is important to notify your insurer as soon as possible. Delays may affect the availability of evidence, particularly medical records and care logs. If your insurer refuses to pay for care or family support, you may request a review. If the dispute remains unresolved, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a decision. You must file your application within 12 months of the insurer’s final decision, or within 12 months of the date you first became aware of the dispute.
A Realistic Example: How Care and Family Support Works in Practice
*Example: A 52-year-old woman in Sydney’s Inner West was injured in a car crash in July 2026. She sustained a spinal injury that limits her mobility and prevents her from preparing meals or getting in and out of bed without help. Her adult daughter, who lives with her, provides 15 hours of care per week, including assistance with bathing, cooking, and medication management. The daughter does not receive payment for this care.
She submits a claim for family support, supported by a medical certificate confirming her need for assistance, a statement from her daughter detailing the hours and tasks, and a log of care over the past three months. The insurer assesses the claim and approves weekly payments equivalent to the national average hourly rate for care workers, multiplied by 15 hours per week. The payments continue for 12 months, subject to review.
When to Seek Independent Advice
The legal framework for care and family support in CTP claims is complex and fact-specific. Whether you are receiving care from a paid professional or a family member, the value of your claim depends on your medical condition, the extent of your functional impairment, and the consistency of your evidence. If your insurer denies your claim or offers less than you believe you are entitled to, it is advisable to seek independent legal advice before making a formal dispute application.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.