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NSW CTP Claim
NSW CTP

Claim timing and income support

When do CTP weekly payments start, and what does 28 days affect?

Lodging within 28 days protects the earliest possible backdating position

A NSW CTP weekly payment is not automatic on the accident date. The injured person must lodge a statutory benefits claim, be an earner for the relevant period, have accident-related loss of earnings or earning capacity and provide the required evidence. A claim lodged within 28 days can preserve weekly payments from the day after the accident if the other requirements are met. The general claim period is three months. A later claim needs immediate assessment and may require an explanation for delay.

The 28-day rule is often misunderstood as a deadline after which no CTP claim can be made. That is not its function. Under the current scheme, 28 days is particularly significant to whether weekly statutory benefits can run from the day after the crash. The broader period for giving notice of a statutory benefits claim is generally three months after the accident.

The date money reaches the bank may be later than the first compensable day. Before paying, the insurer needs enough information to decide liability for statutory benefits, earner status, incapacity or earning loss, PAWE and any post-accident earnings. If the claim is accepted and an earlier period is payable, arrears can be calculated separately from ongoing payments.

Reviewed by Herman Chan, Stephen Young Lawyers

Paper-cut weekly-payment timeline connecting a Certificate of Fitness, medical records, work capacity and wage evidence.
The accident date, claim lodgement, medical certification and earnings evidence must be kept as separate parts of the weekly-payment chronology.

What must be established before weekly payments are payable?

Weekly statutory benefits are income support, not a payment merely for being injured. During the early entitlement periods, the claimant generally needs to have been an earner and to have suffered a total or partial loss of earnings because of the accident injury. Medical certification, wage evidence and any post-accident earnings therefore matter together.

The insurer also determines PAWE and applies the statutory percentage, maximum or minimum rules and any relevant post-accident earnings or earning-capacity figure. A valid claim form without earnings evidence may start the claim process but may not be enough to finalise the weekly amount.

The statutory percentage is a separate step from deciding the payment start date. Subject to the detailed Act provisions, weeks 1–13 generally use 95% of PAWE for total or partial loss, less applicable post-accident earnings. During weeks 14–78, total loss generally starts from 80% of PAWE, while partial loss generally uses 85% of PAWE less the greater of applicable post-accident earnings or post-accident earning capacity. These percentages do not prove work incapacity or decide later entitlement periods.

What does lodging within 28 days actually protect?

SIRA Motor Accident Guidelines Part 4 explains that a statutory benefits claim should be given within 28 days if weekly payments are sought from the day after the accident. The same significance applies to a claim against the Nominal Defendant for an uninsured or unidentified at-fault vehicle.

Lodging on day 20 does not prove that every day from the accident is payable. The medical certificate may show a later incapacity date, the person may have continued receiving normal earnings, or the insurer may dispute earner status or causation. The 28-day step protects the timing position; the substantive entitlement still needs evidence.

Why might the first payment arrive later?

The insurer may be waiting for a Certificate of Fitness, payslips, an employer earnings statement, tax or business records, bank records or confirmation of post-accident work. Where the Act requires interim payment because the correct first-period amount cannot yet be determined, the interim amount is governed by the Act and Guidelines rather than an estimate chosen by the claimant.

SIRA Motor Accident Guidelines clause 4.44 says weekly payments must commence as soon as possible and no later than 10 business days after the insurer accepts liability for statutory benefits. Clause 4.45 requires a written PAWE notice explaining the calculation and review rights. If the first-period amount cannot yet be finalised, the interim-payment rules apply; clause 4.48 requires any resulting top-up within 10 business days after the correct amount is determined.

Worked example, with assumptions: an accident occurs on 1 August, the claim is lodged on 20 August, incapacity is medically supported from 2 August, and the insurer accepts liability on 5 September. Clause 4.44 ordinarily requires commencement no later than 10 business days after 5 September. Because lodgement was within 28 days, arrears may potentially run from 2 August if earner status, accident causation and earnings loss are established. This does not guarantee that every intervening day is payable.

Ask the insurer in writing what remains outstanding, whether an interim payment will be made and the period for which any arrears are being calculated. A payment schedule should identify the PAWE figure, statutory rate, post-accident earnings or capacity used, covered weeks and deductions. Those components should not be collapsed into a single unexplained net number.

Practical next steps

What to do if income support has not started

Protect the claim date first, then identify the precise evidence or decision holding up payment.

  1. Confirm the claim lodgement date

    Keep the online receipt, insurer email or other record showing when the statutory benefits claim was given.

  2. Provide current medical certification

    The certificate should address accident-related fitness for work for the relevant period, not merely list a diagnosis.

  3. Complete the earnings record

    Supply payslips, employer material, tax or business records and evidence from every job or income source relevant to PAWE.

  4. Ask for a written calculation

    Request the PAWE decision, payment period, percentage, post-accident earnings or capacity used and any interim-payment position.

  5. Check review rights promptly

    If the insurer refuses entitlement, uses the wrong start date or finalises an incorrect amount, read the decision-specific internal-review and PIC information without delay.

Evidence

Weekly-payment commencement checklist

A complete start-date file connects claim timing, medical incapacity and actual earnings loss.

  • Accident date and claim-lodgement receipt.
  • Insurer claim number and acknowledgement.
  • Certificates of Fitness covering the claimed incapacity period.
  • Payslips and employer earnings statement for the relevant pre-accident period.
  • Tax returns, profit-and-loss records or other material if self-employed.
  • Post-accident payslips, leave records and return-to-work hours.
  • Written PAWE decision and weekly-payment schedule.
  • Any request for further information and proof of the response.

Common timing mistakes

  • Do not treat 28 days as the only deadline or as an automatic guarantee of back pay.
  • Do not wait for every wage document before lodging the statutory benefits claim; lodge promptly and supplement evidence.
  • A medical certificate alone does not establish the PAWE amount or actual earnings loss.
  • Using paid leave can complicate the earnings chronology and should be documented rather than omitted.
  • A complaint about delay does not replace a review of a written entitlement or calculation decision.

Timing

Claim timing to check

The accident date, lodgement date and decision date each perform a different role.

  • The general period for giving notice of a statutory benefits claim is three months after the motor accident.
  • Lodgement within 28 days is significant if weekly payments are sought from the day after the accident.
  • A late claim may require a full and satisfactory explanation and should be addressed immediately rather than abandoned on assumption.
  • A written PAWE, entitlement or weekly-payment decision may carry its own internal-review or PIC timing. Use the notice and current law for that particular decision.

Frequently asked questions

Do weekly payments always start the day after the crash?
No. That is the earliest potential backdating point where the claim is lodged within 28 days and the substantive requirements are met. Medical incapacity, earner status and earnings loss still need proof.
Can I claim if I lodge after 28 days?
Potentially. The general statutory-benefits claim period is three months, and late claims can raise explanation provisions. The timing of backdated weekly payments must be assessed on the actual lodgement and evidence.
Does the insurer have to wait until PAWE is final?
The Act and Guidelines contain an interim-payment mechanism for the first entitlement period where more information is required to determine the correct amount. Ask the insurer to state its position in writing.
What if I was paid sick leave?
Keep the leave and payroll records. Paid leave does not answer every CTP question by itself; the insurer must calculate the relevant loss and any adjustment using the actual evidence.
Are weekly payments the same as damages?
No. They are statutory income-support benefits. A common law damages claim has separate fault, injury and loss requirements.
Can contacting a lawyer extend the deadline?
No. Contact does not itself lodge the claim or extend a statutory or review period. Confirm the required step and complete it promptly.

Related NSW CTP guides

Official sources

The legislation and official guidance linked above are the source basis for this page. PAWE and weekly-payment outcomes depend on the statutory category, complete earnings evidence, accident-related loss and the decision applying to the individual claim.

Weekly-payment timing review

Has your first weekly payment been delayed or backdated incorrectly?

Send the claim receipt, certificates, wage records and insurer calculation. We can identify whether the issue is claim timing, PAWE, capacity, missing evidence or a reviewable decision.

General information only: This page provides general NSW CTP information, not legal, financial, employment or tax advice. It does not calculate an individual entitlement, promise payment or extend a claim or review deadline.