How dependants of deceased CTP claimants access treatment funding in regional NSW
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 results in a fatality, dependants may be eligible for financial support to cover medical treatment costs under the NSW Compulsory Third Party (CTP) scheme. This article explains how dependants in regional NSW can access funding, the role of SIRA in assessing claims, and practical considerations for regional areas.
NSW CTP rules for death benefit dependants
Under the Motor Accident Injuries Act 2017, dependants of deceased claimants are entitled to a range of benefits, including death benefits and ongoing financial support for treatment. SIRA (State Insurance Regulatory Authority) administers these claims, ensuring dependants receive funding for necessary medical care. Key considerations include:
- Eligibility: Dependants must demonstrate a financial or practical reliance on the deceased claimant. This includes children, spouses, and parents who were financially dependent.
- Treatment costs: Funding covers medical, psychological, and rehabilitation expenses, but only if the treatment is directly related to the injury caused by the motor accident.
- Regional NSW specifics: SIRA prioritises funding for dependants in regional areas, recognising potential barriers to accessing services. Claims may require additional documentation to prove location-based challenges.
Practical steps and evidence for treatment funding
To secure funding, dependants must provide:
- Medical records confirming the need for treatment
- Proof of dependant status (e.g., financial records, family documents)
- Evidence of the treatment's direct link to the accident
- For regional residents: Documentation of limited access to local services (e.g., travel costs, distance to facilities)
SIRA may request additional information, such as a doctor's statement confirming the treatment's necessity. Dependants should also keep records of all correspondence with insurers and healthcare providers.
Time limits, disputes and when to seek advice
CTP claims must be submitted within 52 weeks of the accident, though extensions may apply for dependants with ongoing needs. If a claim is disputed, dependants can request a review by SIRA or seek mediation through the NSW Civil and Administrative Tribunal (NCAT). It is crucial to act promptly, as delays may affect eligibility for certain benefits.
A hypothetical example: A 16-year-old dependant in regional NSW requires ongoing therapy for anxiety caused by a fatal accident. SIRA would assess the therapy's direct link to the injury, the dependant's financial reliance on the deceased, and the regional barriers to accessing mental health services.
Next steps for dependants in regional NSW
Time limits and procedural requirements vary depending on the accident date and claim history. To ensure dependants receive appropriate support, it is essential to contact SIRA promptly and seek guidance if treatment funding is disputed. Every claim depends on its own facts, and dependants in regional NSW may benefit from consulting a legal professional familiar with CTP claims.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.