How SIRA defines death benefits for dependants in NSW CTP claims
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 under the NSW Compulsory Third Party (CTP) scheme. The New South Wales Motor Accident Claims Authority (SIRA) outlines the rules for assessing death benefits, which are distinct from injury-related compensation. This article explains how SIRA determines eligibility, what factors are considered, and how dependants are assessed under the CTP scheme.
Legal framework for death benefits under NSW CTP
The Motor Accident Injuries Act 2017 governs CTP claims in NSW, including death benefits. SIRA administers the scheme, which provides financial support to dependants of deceased claimants. Under the Act, death benefits are available for:
- Spouse or de facto partner who was financially dependent on the deceased
- Children under 18 or those who were financially dependent on the deceased
- Parents or other dependants who relied on the deceased for financial support
SIRA assesses claims based on the deceased’s financial contributions and the dependant’s reliance on them. This includes evaluating income, living arrangements, and the dependant’s financial needs.
Evidence and practical steps for dependant claims
To qualify for death benefits, claimants must provide evidence of dependency and financial reliance. Key documents include:
- Proof of relationship (e.g., marriage certificate, birth certificate, or evidence of de facto partnership)
- Financial records showing the deceased’s income and the dependant’s reliance on it
- Medical or other evidence of the deceased’s financial support, such as payslips or bank statements
- Evidence of dependency (e.g., living arrangements, education, or care provided by the deceased)
Claimants should also submit a completed claim form through SIRA’s online portal. If the deceased was a driver, the claim must be made within 52 weeks of the accident, unless an extension applies.
Time limits, disputes, and when to seek advice
Death benefits are available for up to 52 weeks after the accident, but this period may extend if the dependant’s financial needs are ongoing. SIRA may dispute claims if:
- The dependant’s financial reliance is not clearly established
- The deceased’s financial contributions are overstated
- The claim is submitted late or incomplete
If a dispute arises, claimants may need to provide additional evidence or seek legal advice. SIRA’s guidelines state that claims must be resolved within 12 months of submission, though this timeline may vary depending on complexity.
Example of dependant assessment under SIRA rules
Consider a scenario where a 40-year-old parent dies in a car accident. Their 16-year-old child relies on the deceased’s income for living expenses. SIRA would assess:
- The child’s financial dependence on the deceased
- The deceased’s income level and the child’s living costs
- Whether the child was financially independent before the accident
If the child was living at home and receiving financial support, they may qualify for a death benefit. However, if the child was already financially independent, the claim may be denied.
Next steps for dependant claims
Death benefits under NSW CTP are governed by specific rules, and the outcome depends on the facts of each case. If you or a family member has suffered a loss due to a motor accident, it is important to:
- Submit a claim to SIRA within the required timeframe
- Gather and submit all relevant evidence of dependency
- Seek legal advice if a dispute arises or if you need assistance with claim preparation
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.