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're injured in a motor accident in NSW and need help with household tasks, the Compensation and Support Tribunal (SIRA) determines whether you're entitled to domestic duties support. This article explains how SIRA evaluates claims for care-related costs under the Motor Accident Injuries Act 2017 (MAIA), including what evidence is needed and how costs are assessed.
What types of domestic duties are covered under NSW CTP claims?
Under NSW CTP rules, domestic duties support covers household tasks you can't perform due to your injury. This includes cooking meals, cleaning, shopping, laundry, and personal care like bathing or dressing. SIRA considers whether these tasks are essential to your daily living and whether you require assistance due to your injury.
How does SIRA assess the cost of domestic duties support for CTP claims?
SIRA evaluates claims based on two main factors: the necessity of the task and the cost of the care provided. For example, if you need help cooking meals because of limited mobility, SIRA will assess whether cooking is essential to your daily routine and whether the cost of hiring a carer for that task is reasonable. The tribunal also considers whether the care provider has the necessary qualifications and experience.
What evidence is required to support a domestic duties care cost claim under NSW CTP rules?
To claim domestic duties support, you must provide evidence that:
- You are unable to perform specific household tasks due to your injury
- The tasks are essential to your daily living
- The care provider's costs are reasonable and necessary
- You have a medical report confirming your injury's impact on daily activities
Evidence may include medical records, care provider invoices, witness statements, and a detailed care plan. SIRA may also request a report from a medical practitioner to assess your ability to perform household tasks.
A practical example of how SIRA assesses domestic duties support
Consider a scenario where a person injured in a car accident requires assistance with cooking and cleaning. SIRA would first determine if these tasks are essential to their daily living. If the injured person relies on these tasks for nutrition and hygiene, SIRA would then assess the cost of hiring a carer to perform them. The tribunal would also check if the care provider's rates are reasonable and if the tasks are not already being managed by family members.
Time limits, disputes and when to seek advice
You must make a CTP claim within 52 weeks of the accident if you want to claim weekly benefits for injuries that don't meet the threshold injury criteria. For claims involving domestic duties support, it's important to notify SIRA promptly and provide all required evidence. If you disagree with SIRA's decision, you can request a review or seek independent legal advice to challenge the assessment.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.