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 recovering from a motor accident in Ashfield and need help with household tasks due to injuries, NSW CTP insurance may cover domestic duties care costs. This article explains what domestic duties are covered, how they're assessed in relation to your recovery, and how to claim support under the NSW CTP scheme.
What Domestic Duties Are Covered Under NSW CTP?
- NSW CTP insurance covers care costs for injured claimants who need assistance with daily activities due to their injuries. This includes help with tasks like cooking, cleaning, laundry, and personal care such as bathing or dressing. The
- Motor Accident Injuries Act 2017* and
- SIRA guidelines* define these as 'domestic duties' that must be performed to maintain a reasonable standard of living.
SIRA’s What you can claim page confirms that care costs are available if your injuries prevent you from managing household tasks. For example, if you’re recovering from a soft-tissue injury that limits your mobility, you may be eligible for support with cooking meals or washing clothes. The key is that the care must be necessary due to your injuries, not just a preference.
How Are Domestic Duties Costs Assessed?
To claim domestic duties support, you must provide evidence that your injuries prevent you from performing these tasks. This typically includes:
- A medical report from a registered medical practitioner confirming your injury limits
- A statement from a carer or family member detailing the tasks you’re unable to complete
- Proof of the cost of care (e.g., receipts for hired help or invoices from family members)
SIRA assesses claims based on the Motor Accident Guidelines, which outline how to determine the necessity and extent of care. For instance, if your injuries prevent you from cooking for 12 weeks, you may be eligible for support during that period. The amount of support depends on the cost of care and the length of time you need assistance.
Practical Steps and Evidence for Claims
To claim domestic duties care costs, take these steps:
- Seek medical attention immediately after the accident to document your injuries.
- Keep records of all care-related expenses, including receipts, invoices, and communication with carers.
- Notify your insurer about your claim within 52 weeks of the accident, as the CTP scheme limits benefits after this period for threshold injuries.
- Provide a detailed care plan showing how your injuries prevent you from managing household tasks.
If your claim is denied, you may need to request a review or seek legal advice to challenge the decision. SIRA’s Making a motor accident claim page provides templates to help you prepare your application.
Time Limits and When to Seek Advice
NSW CTP claims must be made within 52 weeks of the accident if you’re seeking benefits for threshold injuries. However, if your injuries are more severe (e.g., a whole person impairment of 10% or more), you may have longer to claim. Always check the date of your accident and the type of injury to understand your time limits.
If you’re unsure whether your claim meets the criteria, or if your insurer disputes your care costs, it’s important to seek legal advice. A solicitor can help you navigate disputes, ensure you meet all requirements, and maximise your entitlements under the CTP scheme.
Conclusion
Domestic duties care costs under NSW CTP are available to injured claimants who need assistance with household tasks due to their injuries. To claim, you must provide evidence of your injuries and the necessity of care. If you’re in Ashfield and need help with daily activities after a motor accident, contact LegalAdvice.com.au to discuss your options. Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.