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 support in NSW CTP claims covers household tasks like cooking, cleaning, and personal care when injuries limit daily functioning. This article explains how SIRA assesses these costs, outlines practical considerations for caregivers and families in Greater Sydney, and details legal boundaries for claimants.
How SIRA Handles Domestic Duties Support
Under the Motor Accident Injuries Act 2017, SIRA evaluates domestic duties care costs based on the injured person’s needs and the caregiver’s role. SIRA considers factors such as the injured person’s ability to perform tasks independently, the caregiver’s relationship to the claimant, and the necessity of the care. For example, if a family member provides meals or assistance with personal hygiene, SIRA will assess whether these tasks are essential due to the injury.
SIRA uses the Motor Accident Guidelines to determine if care is required. If the injury results in a threshold injury (e.g., soft tissue damage), domestic duties support may be limited to 52 weeks under the Act. However, if the injury meets the whole person impairment threshold, longer-term support may be available. SIRA also considers the cost-effectiveness of care, such as whether a family member’s unpaid assistance is equivalent to a professional caregiver’s fees.
Practical Steps for Caregivers and Families
Caregivers and families should document the care provided, including the type of tasks, frequency, and duration. Keeping records of expenses, such as groceries or cleaning supplies, can help substantiate claims. SIRA may also request medical evidence confirming the injured person’s inability to perform daily activities.
Families should also consider the impact of caregiving on their own well-being. SIRA may assess whether the caregiver’s role is reasonable and necessary, and whether the injured person’s condition is likely to improve. For instance, if a claimant’s recovery is expected within 52 weeks, domestic duties support may be limited to that timeframe.
Time Limits and Dispute Options
CTP claims must be submitted within 52 weeks of the accident if the injury is a threshold injury. For non-threshold injuries, there is no strict time limit, but delays may affect the ability to claim long-term support. If SIRA disputes the need for care, claimants can request a review or seek independent medical opinions to challenge the decision.
When to Seek Legal Advice
Caregivers and families should consult a solicitor if they face disputes over the scope of care, need guidance on documenting evidence, or want to understand how their circumstances fit within SIRA’s guidelines. Legal advice can also help navigate complex situations, such as when a family member’s unpaid care is contested or when multiple caregivers are involved.
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