Death benefits for dependants under NSW CTP scheme
- If a motor accident results in a fatality, dependants may be eligible for financial support through the NSW Compulsory Third Party (CTP) scheme. The
- Motor Accident Injuries Act 2017* and the
- SIRA (State Insurance Regulatory Authority)* administer these benefits, which are designed to compensate dependants for lost income, care needs, and ongoing support. This article explains what death benefits are available, how dependants are assessed, and what evidence is needed to claim support.
How dependants are assessed for CTP death benefits
To qualify for death benefits, a person must be a dependant of the deceased motorist. Under NSW law, a dependant is someone who relied on the deceased’s income for their living expenses. This includes:
- Spouses or partners who were financially dependent on the deceased.
- Children under 18, or up to 25 if they were financially dependent on the deceased.
- Parents or other relatives who relied on the deceased’s income.
SIRA assesses dependants based on:
- Financial dependency - whether the deceased was the primary income earner for the claimant.
- Relationship - the nature of the relationship between the deceased and the claimant.
- Ongoing support needs - whether the deceased provided care, accommodation, or other support.
For example, a child who was living with the deceased and receiving financial support would typically qualify as a dependant. However, a sibling living independently may not qualify unless they were financially dependent.
Evidence needed to claim death benefits
To support a death benefits claim, you must provide:
- Proof of the deceased’s income - such as payslips, tax returns, or employer records.
- Evidence of dependency - like bank statements showing the deceased paid for living expenses, or documents proving a child lived with the deceased.
- Medical or care records - if the deceased provided ongoing care for a disability or illness.
- Witness statements - from family, friends, or colleagues confirming the relationship and dependency.
SIRA may also require a dependant assessment report prepared by a financial advisor or accountant to determine the deceased’s income and the claimant’s financial needs.
Ongoing support needs and periodic payments
If a dependant requires long-term care or support, they may be eligible for periodic payments in addition to a lump sum. These payments cover:
- Care costs - such as nursing home fees or home help.
- Loss of income - if the dependant is unable to work due to a disability.
- Special needs - like education or medical expenses for a child.
Periodic payments are typically made monthly or quarterly and continue until the dependant’s needs are no longer met. SIRA evaluates these claims based on the deceased’s income and the dependant’s specific circumstances.
Time limits and disputes
CTP claims must be made within five years of the accident, unless an extension is granted. If you dispute SIRA’s assessment of your dependant status or the amount of benefits, you may:
- Request a review - by submitting additional evidence or clarification.
- Appeal to the NSW Civil and Administrative Tribunal (NCAT) - if the review does not resolve the issue.
It’s important to act quickly, as delays can reduce the chances of a successful claim.
When to seek legal advice
While SIRA handles most claims, complex cases involving:
- Multiple dependants.
- Disputes over the deceased’s income.
- Claims for ongoing support needs.
may require legal assistance. A solicitor can help you navigate the process, challenge an adverse decision, or negotiate a fair outcome.
Next steps
If you’ve lost a loved one in a motor accident and are unsure about your entitlements, it’s essential to act promptly. Death benefits for dependants depend on the deceased’s income, your relationship, and your financial needs. To request contact about your circumstances, complete the quick, no obligation enquiry form.