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've been injured in a motor accident in NSW and need help with everyday tasks like cooking, cleaning or shopping, you may be eligible for domestic duties support under the Compulsory Third Party (CTP) scheme. This article explains how domestic duties care costs are assessed under NSW law, with practical examples relevant to Greater Sydney residents.
What Are Domestic Duties Care Costs?
Domestic duties support covers the cost of assistance with household tasks when injuries prevent you from performing them. This includes help with cooking meals, washing clothes, cleaning, shopping or managing finances. Under the Motor Accident Injuries Act 2017, these costs are considered part of 'care and assistance' claims, which are separate from compensation for pain or loss of income.
The New South Wales Civil and Administrative Tribunal (NCAT) and the State Insurance Regulatory Authority (SIRA) assess whether domestic duties support is available based on medical evidence. For example, if you're recovering from a soft tissue injury and need help with daily routines, your treating doctor must confirm that your condition limits your ability to perform these tasks.
How Are Domestic Duties Costs Assessed?
To claim domestic duties support, you must provide evidence that your injuries prevent you from performing specific household tasks. This typically includes:
- A medical report from your treating practitioner confirming your functional limitations
- A detailed list of tasks you're unable to perform
- Receipts or invoices for assistance received (e.g., from a domestic helper)
- A timeline showing when the need for support began
SIRA guidelines state that claims must demonstrate a direct link between your injuries and the need for domestic assistance. For instance, if you broke your leg in a car accident and can't walk, you may need help with cooking or cleaning until your mobility improves.
Practical Examples in Greater Sydney
A practical example: Maria, a 45-year-old resident of Sydney, was injured in a collision on the M5 motorway. She needed help with cooking and cleaning for six weeks while recovering. Her doctor confirmed she was unable to perform these tasks due to pain and limited mobility. Maria submitted a claim to SIRA, including medical records and receipts for a domestic helper, and was approved for domestic duties support.
Another example: John, a cyclist in Newtown, required assistance with shopping and managing bills after a collision. His claim was accepted because his injuries prevented him from performing these tasks, and he provided evidence of his financial dependency on household support.
Time Limits and When to Seek Advice
You must notify your insurer within 52 weeks of the accident if you're claiming domestic duties support. If your injuries are classified as a 'threshold injury' (e.g., soft tissue damage), you may only be eligible for support for 52 weeks. However, if your injuries result in long-term functional limitations, you may need to reapply for extended support.
If you're unsure whether your claim meets the criteria, seek advice from a legal professional or contact SIRA directly. The NSW CTP scheme has specific rules about what constitutes a valid domestic duties claim, and these can vary depending on the nature of your injuries and the evidence you provide.
Next Steps
If you're in Greater Sydney and need help with domestic duties after a motor accident, gather medical records, receipts and a detailed list of tasks you're unable to perform. Complete the quick, no obligation enquiry form to request contact about your circumstances. Every claim depends on its own facts, and the NSW CTP scheme has specific rules that may affect your eligibility.