Domestic duties care costs are a type of support claim under NSW Compulsory Third Party (CTP) insurance, covering assistance with household tasks when injuries limit daily functioning. This article explains how these costs are assessed, what evidence is needed, and how they fit into treatment and rehabilitation planning for CTP claims in Greater Sydney.
What types of domestic duties care costs are covered under NSW CTP claims?
NSW CTP claims may cover costs for assistance with essential household tasks when injuries prevent a person from performing them independently. This includes help with cooking, cleaning, shopping, laundry, and personal care like bathing or dressing. The cost must be directly related to the injury's impact on daily living, not general support.
The New South Wales Motor Accident Guidelines (2023) state that domestic duties care is only available if the injury results in a 'threshold injury', a defined level of soft tissue damage or spinal nerve-root injury. This means the claimant must meet the clinical criteria outlined in the guidelines to qualify.
How are domestic duties care costs calculated in CTP treatment planning?
Costs are determined based on the claimant's documented needs and the cost of the care provider's services. The NSW CTP scheme typically covers up to 52 weeks of weekly benefits for threshold injuries, but domestic duties care costs are not limited to this period if they are part of a longer-term rehabilitation plan.
For example, if a person requires assistance with meal preparation due to limited mobility after a car accident, the cost of hiring a carer to prepare meals would be considered. The claimant must provide evidence of the injury's impact, the care provider's documentation, and a link between the care and the injury.
What documentation is required to support claims for domestic duties care costs?
To claim domestic duties care costs, claimants must provide:
- A medical report confirming the injury meets the threshold injury definition
- A rehabilitation plan from a registered physiotherapist or occupational therapist
- Evidence of the care provider's services (e.g., invoices, care logs)
- Proof of the injury's impact on daily functioning (e.g., doctor's notes)
SIRA guidelines emphasize that the care must be 'reasonably necessary' and 'directly related' to the injury. General household help not tied to the injury is not covered.
How do CTP rehabilitation plans account for domestic duties support?
Domestic duties care is integrated into the rehabilitation plan as part of the 'treatment and care' benefits. The plan must be created by a registered health professional and outline how the care supports recovery. This includes:
- A timeline for when the care is needed
- Specific tasks the care provider will perform
- How the care addresses the injury's impact on daily life
The rehabilitation plan must be submitted to SIRA as part of the claim. If the care provider is not registered, the claim may be denied.
Time limits, disputes and when to seek advice
Claimants must notify SIRA of their intention to claim domestic duties care within 52 weeks of the injury. If the injury is a 'threshold injury, ' weekly benefits are generally limited after 52 weeks, but domestic duties care costs may continue if the care is part of a longer-term rehabilitation plan.
Disputes over the cost or necessity of care can be resolved through SIRA's review process. Claimants should seek legal advice if they believe their care needs are not being fairly assessed, especially if the injury involves complex rehabilitation requirements.
When to contact a legal professional
Domestic duties care claims can be complex, particularly when the injury involves multiple treatment phases or overlaps with workers' compensation. A legal professional can help ensure all documentation meets SIRA requirements and that the claimant understands their rights under the Motor Accident Injuries Act 2017.
Every claim depends on its own facts. To request contact about your circumstances, complete the quick, no obligation enquiry form.