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 injured in a motor accident in NSW and need help with household tasks, you may be eligible for domestic duties support through the Compulsory Third Party (CTP) scheme. This article explains how domestic duties care costs are handled under NSW law, using practical examples from Ashfield. It covers what types of support are available, how claims are assessed, and steps to take if you're facing challenges with your claim.
What Domestic Duties Are Covered Under NSW CTP Claims?
Under the NSW CTP scheme, domestic duties support is available to injured claimants who need assistance with essential household tasks due to their injuries. This includes tasks like cooking meals, cleaning, shopping, and managing finances. The New South Wales Motor Accident Claims Authority (SIRA) outlines that these duties must be necessary because of the injury, not due to personal preference or lifestyle choices.
For example, if you're recovering from a back injury that prevents you from lifting heavy items, you may claim support for hiring a cleaner to handle tasks like vacuuming or washing dishes. Similarly, if your injury limits your ability to prepare meals, you may be eligible for assistance with grocery shopping and meal preparation.
How Are Domestic Duties Care Costs Calculated in NSW CTP Claims?
The cost of domestic duties support is determined based on the necessity of the task and the claimant's circumstances. SIRA provides a schedule of rates for these services, which are typically based on the cost of hiring a professional cleaner or helper. However, the exact amount depends on factors such as the frequency of the task, the level of assistance required, and the claimant's income.
In some cases, claimants may need to provide evidence of their need for support, such as a doctor's report confirming their inability to perform certain tasks. SIRA also considers the claimant's ability to perform these duties independently and whether they have family or friends who can assist.
Practical Examples from Ashfield
A practical example from Ashfield involves a claimant who suffered a soft tissue injury in a car accident. Due to ongoing pain and limited mobility, they were unable to cook meals or clean their home. SIRA approved a domestic duties claim covering the cost of hiring a cleaner twice a week and assistance with grocery shopping. The claimant was required to provide medical documentation confirming their injuries and a statement explaining how the tasks were essential for their recovery.
Another example involves a claimant who needed help managing household finances after a head injury caused memory loss. SIRA approved support for a financial assistant to help with budgeting and bill payments, based on the claimant's medical evidence and proof of financial difficulty.
Time Limits, Disputes and When to Seek Advice
Claims for domestic duties support must be made within the statutory time limits set out in the Motor Accident Injuries Act 2017. Generally, claims must be submitted within 52 weeks of the accident, although extensions may be granted in certain circumstances. If your claim is disputed or rejected, you may need to seek legal advice to challenge the decision.
It's important to act quickly and gather all necessary evidence, including medical records, proof of income, and documentation of the domestic duties you need assistance with. If you're unsure whether your claim meets the criteria, contact a legal professional for guidance.
Next Steps
If you're dealing with a domestic duties claim in NSW, it's essential to understand the specific requirements of the CTP scheme and how your circumstances fit within the legal framework. While this article provides general information, every claim is unique and depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.