Domestic Duties Support Costs in NSW CTP Claims
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).
A threshold injury under the Motor Accident Injuries Act 2017 (NSW) includes a soft tissue injury and a psychological or psychiatric injury that is not a recognised psychiatric illness (adjustment disorder and acute stress disorder are the usual examples; s 1.6 and Motor Accident Guidelines Part 5).
If you've been injured in a motor vehicle accident in New South Wales and need help with household tasks, you may be eligible for domestic duties support costs under the NSW Compulsory Third Party (CTP) scheme. This article explains what domestic duties support costs are, how they are calculated, what evidence you need to claim them, and the time limits for making a claim.
What Are Domestic Duties Support Costs?
Domestic duties support costs cover the cost of assistance with everyday household tasks when your injury limits your ability to perform them. This can include help with cooking, cleaning, shopping, and other essential chores. These costs are not limited to the person who was injured, they can also cover support for a spouse, child, or other dependant who is unable to perform these tasks due to the injury.
The NSW CTP scheme allows for claims for domestic duties support costs if the injury was caused by a motor vehicle accident. This is a specific type of support cost that is not available under other schemes like workers' compensation or the Personal Injury Claims Scheme.
How Are Domestic Duties Support Costs Calculated?
The amount of domestic duties support costs you can claim depends on the number of hours of assistance needed and the cost of the service. The New South Wales government’s State Insurance Regulatory Authority (SIRA) provides guidelines on how these costs are assessed.
SIRA calculates the cost based on the average wage rate for domestic assistance in the area where the injury occurred. The hours of assistance needed are determined by a medical practitioner or a qualified assessor. This means that the more hours of assistance you require, the higher the amount you may be eligible to claim.
What Evidence Is Required to Claim Domestic Duties Support Costs?
To claim domestic duties support costs, you will need to provide evidence that:
- You or a dependant are unable to perform household tasks due to your injury.
- The injury was caused by a motor vehicle accident.
- The assistance was necessary and was provided by a qualified person.
- The cost of the assistance was reasonable and necessary.
Medical records, a care plan, and receipts or invoices from the service provider are typically required to support a claim. It is important to keep detailed records of all assistance received and the associated costs.
How Does SIRA Handle Domestic Duties Support Costs?
SIRA assesses claims for domestic duties support costs based on the guidelines provided in the Motor Accident Guidelines. These guidelines outline the criteria for determining the amount of support costs that can be claimed.
SIRA may also require a report from a medical practitioner or a qualified assessor to determine the extent of your injury and the need for assistance. This report should include an assessment of your ability to perform household tasks and the number of hours of assistance required.
Time Limits for Claiming Domestic Duties Support Costs
There is a time limit for claiming domestic duties support costs under the NSW CTP scheme. Generally, claims must be made within 52 weeks of the date of the accident. This is because the scheme provides for a limited number of weeks of support costs, and after 52 weeks, the entitlement to these costs may be affected.
If your injury results in a threshold injury, the 52-week limit applies. Threshold injuries are defined as injuries that result in a whole person impairment of less than 10%. This means that if your injury does not meet the threshold, you may not be eligible for support costs beyond 52 weeks.
When to Seek Advice
If you are unsure whether you are eligible for domestic duties support costs or need help with your claim, it is important to seek advice from a qualified legal professional. An experienced solicitor can help you understand your rights and ensure that your claim is processed correctly.
Next Steps
If you have been injured in a motor vehicle accident and need help with household tasks, you may be eligible for domestic duties support costs under the NSW CTP scheme. Understanding your rights and the process for claiming these costs is essential to ensure you receive the support you need.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.