How death benefits for dependants changed under the 2017 CTP reforms
Since 1 December 2017, motor accident compensation in New South Wales has been governed by the Motor Accident Injuries Act 2017 (MAIA). This law replaced the Motor Accidents Compensation Act 1999 and introduced a new framework for death benefits paid to dependants. Under the MAIA, a dependant may be entitled to a weekly death benefit if they were financially dependent on the deceased at the time of death. The benefit is not automatic and must be claimed through the State Insurance Regulatory Authority (SIRA), which administers the Compulsory Third Party (CTP) scheme. The 2017 reforms established a clearer process for assessing eligibility, calculating payments, and handling disputes. The changes apply uniformly across NSW, including Greater Sydney, and do not vary based on location within the state.
Who may claim a death benefit and what must be shown
A dependant may claim a death benefit if they were financially reliant on the deceased for at least 12 months before the accident, or if they were a child under 18 who was dependent on the deceased. The claim must be supported by evidence of financial support, care, or maintenance provided by the deceased. This includes proof of income, tax returns, bank statements, or affidavits from family members. The deceased’s weekly income is assessed based on their gross earnings at the time of death, including superannuation contributions and other benefits. The weekly death benefit is calculated as a percentage of that income, up to a maximum rate set by SIRA. The benefit is paid for a fixed term, typically up to 10 years, and may be reviewed if the dependant’s circumstances change.
What SIRA requires to process a claim
SIRA requires claimants to submit a completed claim form, a certified copy of the death certificate, and documentation showing the deceased’s income and the nature and duration of the dependency. For dependants who were not financially dependent but were supported through care or maintenance, additional evidence such as witness statements or records of household expenses may be needed. SIRA assesses claims based on the Motor Accident Injuries Regulation 2017 and the Motor Accident Injuries Guidelines. The assessment considers whether the deceased was at fault, but fault does not bar a claim if the deceased was not at fault or if the claim is made under a blameless accident provision. Benefits are not payable if the deceased was engaged in a criminal act at the time of the accident.
Time limits and dispute resolution
A claim for a death benefit must generally be made within two years of the accident, or within two years of the deceased’s death if that occurred later. This deadline is strict and may not be extended unless there are exceptional circumstances, such as a claimant’s mental incapacity. If a claim is denied, the claimant may request a review from SIRA within 28 days of receiving the decision. If the review is unsuccessful, the claimant may apply to the Civil and Administrative Tribunal (NCAT) for a merits review. The tribunal has the authority to assess the evidence and determine whether the claim should be granted or the benefit amount adjusted. Disputes may arise over the calculation of the deceased’s income, the duration of dependency, or the classification of the accident as blameless. In such cases, a formal review or tribunal application is the only way to resolve the matter.
Practical steps to take after a death in a motor accident
To support a claim for a death benefit, dependants should act promptly and gather the following evidence: a certified copy of the death certificate, the deceased’s most recent payslips or tax return, proof of any superannuation or other income, and documentation showing the nature and duration of the financial or care dependency. For children under 18, a school record or family affidavit may be used to demonstrate dependency. Witnesses who can confirm the deceased’s role in supporting the claimant may also be helpful. It is important to notify the insurer as soon as possible after the accident or death, and to keep copies of all correspondence, medical reports, and police or accident reports. The claim remains valid regardless of whether the deceased was a driver, passenger, pedestrian, cyclist, or motorcyclist, as long as the accident occurred on a road or public area and involved a motor vehicle.
Next steps for dependants
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.