Death benefits for dependants under NSW CTP scheme
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 a motor accident in Western Sydney results in a fatality, dependants may be eligible for financial support through the NSW Compulsory Third Party (CTP) scheme. The scheme provides death benefits to those who relied on the deceased for financial support, including children, partners, and parents. This article explains the legal criteria for eligibility, how claims are processed in Western Sydney, and what evidence is needed.
Key eligibility requirements
To claim death benefits, dependants must demonstrate a financial or domestic relationship with the deceased. Under the Motor Accident Injuries Act 2017, dependants include:
- Children under 18
- Children over 18 who were financially dependent
- Partners living with the deceased
- Parents or other relatives who relied on the deceased for support
The deceased must have been a registered owner or driver of a motor vehicle involved in the accident. Claims are processed by the State Insurance Regulatory Authority (SIRA), which administers the CTP scheme in NSW.
Practical steps and evidence
To support a death benefit claim, dependants should gather:
- Proof of financial dependency (e.g., income records, bills, or evidence of financial support)
- Documentation of the relationship with the deceased (e.g., marriage certificate, birth certificate, or proof of cohabitation)
- Details of the motor accident, including the deceased's vehicle registration
- Medical or police records confirming the fatality
SIRA requires claims to be submitted within 52 weeks of the accident, though extensions may be granted for exceptional circumstances. Claims submitted after this period may be denied unless there is a valid reason for the delay.
SIRA guidelines and Western Sydney
SIRA's guidelines for death benefits apply uniformly across NSW, including Western Sydney. Dependants should contact SIRA's Western Sydney office to submit claims or seek clarification. The process involves:
- Completing a claim form with personal and financial details
- Providing supporting evidence
- Waiting for SIRA to assess the claim
If a dependant is unsure about their eligibility, they should seek advice from a legal professional or contact SIRA directly. The CTP scheme does not cover all dependants, and claims are assessed based on the specific facts of each case.
When to seek legal advice
While SIRA handles most claims, dependants may need legal assistance if:
- The claim is denied and they wish to appeal
- There are disputes over the deceased's fault or contributory negligence
- The dependant needs help navigating the 52-week deadline
Legal professionals can help ensure all evidence is submitted correctly and that the claim meets the legal criteria for death benefits under the NSW CTP scheme.
Next steps
Time limits and procedural requirements may apply. To request contact about the next step, complete the quick, no obligation enquiry form.