Domestic duties care costs 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 you're caring for a family member injured in a motor accident, you may be eligible for financial support to cover household tasks they can no longer perform. Under New South Wales' Compulsory Third Party (CTP) scheme, domestic duties care costs are considered a valid claim if they directly result from the injury. This article explains how these costs are assessed, what evidence is needed, and how caregivers and families can navigate the process.
What types of domestic duties are covered under NSW CTP claims?
The NSW CTP scheme allows for claims covering domestic duties when the injury prevents the person from performing them. Examples include:
- Cooking meals
- Cleaning and laundry
- Shopping for groceries
- Managing finances or bills
- Child or pet care
These tasks must be directly related to the injured person's inability to perform them due to their injury. For instance, if a car accident left a family member with a broken leg, a caregiver may claim costs for preparing meals or managing household bills.
How are domestic duties care costs funded in NSW CTP claims?
Funding for domestic duties support comes from the injured person's claim under the Motor Accident Injuries Act 2017. The amount is determined by:
- The injured person's income level
- The cost of the care service
- The necessity of the task due to the injury
SIRA (State Insurance Regulatory Authority) provides guidelines for assessing these costs. For example, if a caregiver needs to cook meals for a person with a spinal injury, the cost of groceries and meal preparation may be reimbursed. However, claims must demonstrate a direct link between the injury and the care need.
What considerations should families be aware of when claiming domestic duties support?
Families seeking support must provide evidence to prove the care is necessary and directly related to the injury. Key evidence includes:
- Medical reports confirming the injury's impact on daily living
- Receipts or invoices for care services
- A care plan outlining the tasks required
- Witness statements or letters from professionals
For example, if a caregiver provides meals for a person with a head injury, they should document the frequency of meals, the cost of ingredients, and how the injury prevents the person from cooking. SIRA may also require a care provider's assessment to confirm the necessity of the service.
How does SIRA's guidance on domestic duties compare to other CTP claim types?
SIRA's guidelines for domestic duties are part of its broader framework for assessing all CTP claims. While the principles are similar to other claim types (like income loss or medical treatment), domestic duties have specific criteria. For instance, SIRA distinguishes between 'threshold injuries' (soft tissue injuries meeting specific neurological criteria) and more severe injuries. If the injury is classified as a threshold injury, benefits may be limited after 52 weeks under the Motor Accident Injuries Act 2017 s 4.4.
A hypothetical example: A pedestrian injured in a car accident requires a caregiver to manage household tasks for 12 months. The claimant must show the injury prevents them from performing these tasks and that the care is necessary. SIRA would assess the cost of the care against the injured person's income and the injury's impact.
Time limits, disputes and when to seek advice
You have 52 weeks from the accident date to claim benefits for threshold injuries. For more severe injuries, claims can continue beyond this period. If a dispute arises over the care's necessity or cost, you may need to request a review by SIRA or seek legal advice. Families should also be aware that domestic duties claims are separate from other CTP benefits like income loss or medical treatment payments.
Next steps for caregivers and families
If you're caring for someone injured in a motor accident, start by documenting the care needs and their connection to the injury. Contact SIRA to discuss your claim and ensure all evidence is submitted promptly. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.