How SIRA determines death benefits for dependants in NSW motor accident claims
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If a fatal motor accident has left you as a dependant of the injured person, you may be eligible for death benefits under NSW’s Compulsory Third Party (CTP) scheme. The New South Wales State Insurance Regulatory Authority (SIRA) administers these benefits, and its guidelines define who qualifies, what support is available, and how claims are assessed. This article explains how SIRA determines eligibility for dependants in Bankstown and across NSW.
What SIRA considers a 'dependant' for death benefits
SIRA defines a dependant as someone who relied on the injured person for financial support, care, or emotional needs. This includes:
- Spouses or partners living with the injured person
- Children under 18 years old
- Children over 18 who were financially dependent on the injured person
- Parents or other relatives who relied on the injured person for support
- Individuals who were financially dependent on the injured person, regardless of relationship
SIRA assesses whether the dependant’s financial or emotional reliance was significant enough to qualify. For example, a child who lived independently but received regular financial support from the injured person may still be considered a dependant.
Types of death benefits available under NSW CTP law
Under the Motor Accident Injuries Act 2017, dependants may claim:
- Lump sum death benefit, A one-time payment for the loss of financial support and care. The amount depends on the dependant’s financial needs and the injured person’s income.
- Weekly income benefit, Payments for dependants who were financially reliant on the injured person, based on the injured person’s income.
- Care and support benefit, For dependants who required ongoing care, such as a disabled child or elderly relative.
SIRA also considers the injured person’s circumstances, such as their income, employment history, and the dependant’s financial situation, when determining the benefit amount.
How SIRA’s dependant rules differ from other CTP claims
SIRA’s guidelines for dependant claims are distinct from other CTP injury claims. For example:
- Unlike injury claims, dependant claims do not require proof of fault or a threshold injury. SIRA focuses on the relationship between the injured person and the dependant.
- SIRA uses a different calculation method for lump sum benefits, based on the injured person’s income and the dependant’s needs, rather than the injured person’s impairment level.
- Claims for dependants of deceased drivers or passengers are handled separately from claims for injured drivers or passengers.
Practical steps for dependants in Bankstown
If you’re a dependant seeking death benefits, take these steps:
- Notify SIRA, Contact SIRA within 52 weeks of the accident to start the claim process. Delays may reduce your entitlements.
- Provide evidence, Submit documents showing your financial reliance on the injured person, such as:
- Bank statements or income records
- Proof of care arrangements
- Evidence of the injured person’s income
- Cooperate with SIRA, Respond promptly to requests for information and attend any required interviews.
- Seek independent advice, Consider consulting a legal professional if SIRA’s assessment seems unfair or if you need help navigating the process.
Time limits and dispute options
You must notify SIRA of your claim within 52 weeks of the accident. If you fail to do so, you may lose your right to claim certain benefits. If SIRA rejects your claim, you can:
- Request a review of the decision
- Seek mediation through the NSW Civil and Administrative Tribunal (NCAT)
- Lodge an application with NCAT to challenge the decision
When to seek legal advice
SIRA’s guidelines can be complex, and dependant claims often involve unique circumstances. A legal professional can help you:
- Understand your eligibility
- Navigate SIRA’s assessment process
- Challenge decisions if you believe they are unfair
- Ensure you meet all deadlines
If you’re unsure whether you qualify for death benefits, contact LegalAdvice.com.au to discuss your circumstances. Every claim depends on its own facts.
Next steps
If you’re a dependant seeking death benefits after a motor accident in NSW, understanding SIRA’s rules is essential. Take action within the 52-week deadline, gather evidence of your financial reliance, and seek legal advice if needed. Complete the quick, no obligation enquiry form to request contact about your circumstances.