The 24-month cut-off.
To understand why your income support payments stop at 24 months, it’s important to understand that there are two different compensation claims you can make under the CTP scheme:
- Statutory benefits: weekly payments to cover your lost income if you’ve had time off work, and your treatment and care expenses
- Common law damages: a lump sum payment for a lump sum for pain and suffering and economic loss.
Weekly payments are paid for a maximum of 24 months, however your injuries might still be preventing you from returning to work full time, and you may need ongoing support beyond 24 months. If that’s the case, then you’ll need to lodge a common law damages claim for a lump sum.
Am I entitled to a lump sum, and when will I get it?
If you’ve been receiving weekly benefits for more than six months, then that means your injuries have been assessed as non-minor, and you weren’t the driver mostly at fault in your accident. So you’re entitled to claim a lump sum. But it won’t be paid to you automatically at the end of the 24-month period – you’ll need to lodge a separate claim for common law damages.
Time limits apply for lodging your claim, and the amount you can claim depends on the extent of your injuries, measured on the “WPI” (whole person impairment) scale. For more information about this, please refer to our article on What you need to know before you lodge a lump sum claim.
Under the new CTP scheme, solicitors can’t charge to help you lodge your statutory benefits claim. However, a solicitor can assist you with lodging your common law damages claim, and the legal costs are generally deducted from your settlement so there’s no cost to you.
It’s highly recommended that you use a solicitor to help you lodge your claim. Lump sum claims can be substantial, but the amount you receive will based on the supporting evidence you provide with your application, so it’s very important that nothing is missed.
For more information on getting help with your dispute you can call our free CTP claim advice line.
Lump sum claims can be substantial, but the amount you receive will based on the supporting evidence you provide with your application, so it’s very important that nothing is missed.