Skip to main content
NSW CTP Claim
NSW CTP

Professional support after a motor accident

Can CTP pay for attendant care, home nursing or respite?

Paid care can be funded where it is accident-related, reasonable and necessary

Yes. The Act defines treatment and care to include attendant care services and respite care. Attendant care can include personal assistance, nursing, home maintenance and domestic services. The insurer must still be satisfied that the service relates to the motor accident injury and is reasonable and necessary. Statutory benefits do not cover gratuitous attendant care supplied without payment liability, and responsibility may sit with a licensed CTP insurer, CTP Care or the Lifetime Care and Support Scheme depending on the person and stage of the claim.

Care needs range from short-term help after surgery to long-term personal care, nursing, supervision or respite. The legal question is not simply whether family members are helping. The claim should identify what task is required, why the injured person cannot perform it safely, the skill level needed, hours and frequency, provider, cost, duration and whether other programs are responsible.

Professional nursing is not interchangeable with domestic help. Wound care, medication administration or clinical monitoring may require a nurse. Showering, transfers, meal preparation or community access may be provided by an attendant-care worker. Respite may support sustainable care arrangements. Matching the worker and service to the assessed need is part of the reasonableness inquiry.

Reviewed by Herman Chan, Stephen Young Lawyers

Home-care assessment, nursing plan, support-worker roster and equipment recommendations for a NSW CTP claim.
Paid care is assessed by task, skill, hours, provider, cost and the scheme responsible for the accident-related need.

How are care hours and service type assessed?

An occupational therapist, nurse or other qualified assessor may examine personal care, mobility, cognition, behaviour, supervision, domestic activity, risk and existing supports. A care recommendation should separate active assistance, prompting, supervision, standby time, nursing tasks and ordinary household work. It should also explain night care, weekends, variability and any expected reduction as recovery progresses.

The insurer should consider less restrictive and cost-effective alternatives without compromising safety. Equipment, home modification, rehabilitation or task redesign may reduce some care hours, but those alternatives must be realistic and available. A theoretical aid does not replace care if it has not been trialled or the person cannot use it safely.

Keep paid rosters and invoices consistent with the assessed tasks. Large unexplained differences between recommended and invoiced hours can create disputes. If needs fluctuate, record why, such as treatment days, fatigue, falls, behavioural episodes or changes in the home environment.

Why unpaid family care and paid attendant care are different

Section 3.25 says statutory benefits are not payable for gratuitous attendant care services, defined as services provided without payment and without liability to pay. A family member’s assistance can still be important evidence of the need, but hours of unpaid help do not automatically become a reimbursable statutory benefit.

Where a family member is genuinely employed or engaged to provide paid care, the arrangement, qualifications, rate, tax and payment evidence should be clear. Merely writing retrospective invoices does not necessarily establish a genuine liability or a reasonable rate. Professional nursing tasks may require an appropriately qualified provider regardless of family willingness.

Section 3.26 separately deals with some paid domestic services for dependants where strict conditions are met. Do not use that provision as a substitute for care required by the injured person, and do not mix the hours in a single total.

CTP insurer, CTP Care or Lifetime Care?

For a person in the ordinary 2017 CTP scheme, the licensed insurer generally manages treatment and care during the first five years. Long-term treatment and care may transfer to icare CTP Care after five years, with the Lifetime Care and Support Authority becoming the relevant insurer for those expenses. The licensed insurer can remain responsible for other claim issues, including a separate damages claim.

The Lifetime Care and Support Scheme is different. It supports eligible people with catastrophic injuries under its own participation rules. Section 3.32 prevents duplicate ordinary CTP treatment benefits for needs covered by Lifetime Care. A person should not assume that serious care needs automatically establish Lifetime Care eligibility or that CTP Care and Lifetime Care are the same program.

If the responsible scheme is unclear, ask for written confirmation before changing providers or cancelling services. Transfer should include current approvals, service agreements, invoices, reports and a named contact so necessary care is not lost in administration.

Practical next steps

Preparing a paid-care request

Define the task, skill, hours, provider and statutory payer.

  1. Document the functional need

    Identify each personal, nursing, domestic, supervision or community-access task and the accident-related reason help is needed.

  2. Obtain an appropriate assessment

    Use an OT, nurse or relevant clinician to address hours, skill level, risks, alternatives and expected duration.

  3. Prepare the service proposal

    Provide roster, provider qualifications, rate, travel, service agreement, start date and review point.

  4. Confirm the responsible scheme

    Check whether the licensed insurer, CTP Care or Lifetime Care is responsible for the particular service.

  5. Reconcile approvals and invoices

    Match delivered hours to approved tasks and keep explanations for any urgent or variable care.

Evidence

Attendant-care and nursing evidence checklist

Care funding requires functional, clinical, service and payment evidence.

  • Hospital discharge plan and current treating recommendations.
  • OT, nursing or functional assessment identifying tasks and risks.
  • Daily care schedule separating active assistance, supervision and nursing.
  • Provider qualifications, service agreement, hourly rates and travel terms.
  • Equipment or modification trials and reasons care remains necessary.
  • Paid rosters, invoices, receipts and records of cancelled or extra shifts.
  • Separate record of unpaid family assistance and domestic services to dependants.
  • Written confirmation of the responsible insurer or scheme and review rights.

Common care-funding errors

  • Treating all family help as automatically reimbursable paid attendant care.
  • Using a general medical letter without a task-by-task functional assessment.
  • Claiming nursing rates for services that do not require nursing skill without explanation.
  • Assuming CTP Care and Lifetime Care are the same scheme or cover the same people.
  • Continuing unapproved hours without promptly notifying the payer of a genuine change in need.

Timing

Approval, review and transfer timing

Care needs can be urgent, but the request and responsible scheme still need to be documented.

  • Ordinary treatment and care requests are subject to the Guidelines decision process, including the 10-day decision requirement in clause 4.106.
  • Long-term CTP Care transfer ordinarily occurs at five years, with official material indicating insurer contact about six months beforehand.
  • A refusal or reduction should state review rights. Act on the notice and keep existing safety arrangements under clinical review while the dispute proceeds.
  • An early transfer to CTP Care requires agreement under the current official process; it is not a unilateral entitlement.

Frequently asked questions

Can CTP pay a support worker to help me shower and dress?
Potentially, if the accident injury creates the need and the service, hours, provider and cost are reasonable and necessary.
Can my partner be paid for the care they provide?
Unpaid care is excluded from statutory attendant-care benefits. A proposed genuine paid arrangement requires careful evidence and should not be assumed valid retrospectively.
Is home nursing different from attendant care?
Yes. Clinical tasks may require a nurse, while personal and domestic assistance may be provided by an attendant-care worker. The assessment should identify the required skill.
What is respite care?
Respite is temporary support intended to sustain a care arrangement. It is included in treatment and care but must still be accident-related and reasonable and necessary.
Does CTP Care pay damages?
No. CTP Care manages eligible long-term treatment and care. A licensed insurer continues to manage any separate damages claim.
Does needing long-term care mean I qualify for Lifetime Care?
Not automatically. Lifetime Care has separate injury and participation criteria. CTP Care is a different long-term pathway under the 2017 scheme.

Related NSW CTP guides

Official sources

The current legislation, SIRA Guidelines and official CTP Care material linked above are the public-source basis for this page. Treatment and care decisions remain fact-specific and should be checked against the written request, clinical evidence, accident date and insurer reasons.

Care and support review

Are attendant care, nursing or respite hours disputed?

Send the assessment, roster, provider proposal, invoices and written decision. We can identify the evidence gap, the responsible scheme and the review process that applies.

General information only: This page explains the NSW motor accidents scheme in general terms and is not legal or medical advice. It does not guarantee approval, reimbursement, continued funding, a review outcome or damages. Keep acting on any date stated in an insurer, CTP Care or PIC notice while obtaining advice.