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).
Domestic duties care costs in NSW CTP claims cover expenses for household tasks when an injured person cannot perform them. Under the Motor Accident Injuries Act 2017, these costs are assessed based on the injured person’s needs and the reasonableness of the care provided. Families in regional NSW face unique challenges, including limited access to professional caregivers and transportation barriers. This article explains how SIRA evaluates these costs, what evidence is needed, and how caregivers can document their claims.
How Domestic Duties Care Costs Are Calculated
SIRA’s guidelines state that domestic duties care costs cover tasks like cooking, cleaning, shopping, and personal care. The amount claimed depends on the injured person’s circumstances, the type of care required, and the caregiver’s availability. For example, if a family member provides care, their time is valued based on the cost of hiring a professional. SIRA considers factors like the injured person’s ability to perform tasks, the caregiver’s skill level, and the necessity of the care.
Regional Considerations for Caregivers
In regional NSW, families may have fewer options for professional caregivers, making family members the primary support. This can affect claims, as SIRA requires evidence that the care was essential. For instance, if an injured person cannot leave their home due to mobility issues, a family member’s assistance with grocery shopping or medical appointments may be critical. Families should document how the injury limits daily functioning and how the care addresses these limitations.
Documenting Domestic Care for Claims
To support a claim, families must provide detailed records. This includes:
- A medical report confirming the injury’s impact on daily tasks
- A care plan outlining the tasks performed
- Receipts or invoices for professional care
- Witness statements or family records showing the care provided
- Evidence of the injured person’s inability to perform tasks independently
SIRA may also request a medical expert’s opinion to assess the care’s necessity. Families should keep records for at least 52 weeks, as benefits for threshold injuries are limited after this period under the Motor Accident Injuries Act 2017.
Time Limits and When to Seek Advice
Claims must be submitted within 52 weeks of the accident, though extensions may apply for complex cases. Families should act quickly to gather evidence and notify their insurer. If disputes arise over the care’s reasonableness, seeking legal advice ensures claims align with SIRA’s guidelines. For example, if an insurer rejects a claim for unpaid family care, a lawyer can help demonstrate the care’s necessity and value.
Example: A Regional Family’s Claim
Consider a family in regional NSW where a parent sustains a spinal injury, limiting their ability to manage household tasks. The family hires a local caregiver to assist with cooking and medical appointments. To claim domestic duties costs, they must show:
- The injury’s impact on daily functioning
- The caregiver’s role in addressing these limitations
- The cost of hiring the caregiver
- That alternative solutions (like community services) were not viable due to regional access issues
SIRA would assess whether the care was essential and whether the costs are reasonable based on local market rates.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.