If you're injured in a motor accident in NSW and need help with household tasks due to your injuries, you may be eligible for domestic duties care costs under the Compulsory Third Party (CTP) scheme. This article explains what evidence to keep, how SIRA evaluates these claims, and the legal boundaries of this specific claim type. The NSW CTP scheme allows claimants to seek compensation for care costs when injuries prevent them from managing daily tasks like cooking, cleaning, or shopping. To support your claim, you must document the care provided and its connection to your injuries. The following sections outline the evidence required, practical steps to preserve records, and key considerations for claimants.
What Evidence Supports Domestic Duties Care Costs?
Under NSW CTP rules, claimants must prove that domestic duties care costs arose directly from their injuries. SIRA requires evidence showing:
- The care was necessary due to your injuries
- The care was provided by a third party (not family members)
- The care was for household tasks like cooking, cleaning, or shopping
- The cost of the care was reasonable and necessary
Key records to preserve include:
- A medical report confirming your injuries prevent you from performing household tasks
- A care provider's invoice or receipt showing the cost of services
- A diary or log documenting the frequency and nature of care provided
- A statement from the care provider confirming the care was necessary due to your injuries
- Any communication with SIRA or the insurer about your claim
These records help establish the link between your injuries and the care costs. For example, if you need assistance cooking due to hand injuries, a medical report confirming limited hand function is essential.
How SIRA Assesses Domestic Duties Claims
SIRA evaluates domestic duties claims based on the 'reasonable necessity' test. This means the care must be:
- Necessary due to your injuries
- Reasonable in cost and frequency
- Provided by a third party
- Directly related to household tasks
SIRA may request medical evidence, care provider records, and a detailed explanation of how the care supports your daily living. If your claim involves a threshold injury (soft tissue injuries meeting specific medical criteria), SIRA will apply the 52-week statutory benefit limit for weekly payments. However, domestic duties care costs are treated separately and are not subject to this limit.
Practical Steps for Claimants
To preserve your claim, take these steps immediately after the accident:
- Document all care provided with dates, times, and task details
- Keep all invoices, receipts, and communication with care providers
- Obtain a medical report linking your injuries to the need for care
- Submit all records to SIRA within the required timeframe
- Keep copies of all documents in case of disputes
If you're unsure about the relevance of specific records, consult an independent legal advisor. SIRA may request additional information during the claims process, so it's important to maintain thorough documentation.
Time Limits and When to Seek Advice
You have 52 weeks from the date of the accident to claim statutory benefits like weekly payments. However, domestic duties care claims are not subject to this 52-week limit. That said, delays in submitting evidence may weaken your claim. If you're unsure whether your care costs qualify, seek legal advice promptly. An experienced solicitor can help you understand how SIRA evaluates your specific circumstances and ensure all required records are submitted correctly.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.