Account for NDIS supports and Lifetime Care when settling a New South Wales claim
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List the NDIS supports and any Lifetime Care supports the lawyer has identified, and leave the recoverable amount and the compensation reduction amount blank. Do not decide either amount, and do not notify the NDIA.
- What the lawyer must review
- The participant must tell the NDIA about compensation, including a statutory scheme
- The recoverable amount is capped at supports funded for the injury, to the day before finalisation
- Lifetime Care pays reasonable and necessary treatment, rehabilitation and care for the accident
- The NDIS cannot fund a support already funded by another service. The lawyer settles any notice
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. A New South Wales compensation claim by an NDIS participant, including one who may have Lifetime Care supports
Produce. A table of identified supports, with the recoverable amount and the reduction amount left blank.
Have ready. The supports the lawyer has identified as NDIS-funded; Any Lifetime Care status the lawyer has confirmed; Whether the NDIA has already been told.
Example of the limit. Illustrative example: The participant has NDIS supports and an interim Lifetime Care plan after a spinal cord injury in a NSW crash. The table lists both and leaves the recoverable amount blank. It does not move a Lifetime Care care cost into the NDIS column.
Stop and hand it back when
- The table would assert Lifetime Care eligibility the lawyer has not decided.
- The tool is asked to calculate the compensation reduction amount.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | List the NDIS supports and any Lifetime Care supports the lawyer has identified, and leave the recoverable amount and the compensation reduction amount blank. Do not decide either amount, and do not notify the NDIA. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- The NDIA page says it is the participant's responsibility to say if they have received compensation or are making a claim. Ongoing supports from a scheme such as Lifetime Care and Support are compensation for this purpose.
- The recoverable amount will not be more than the supports funded for the injury, from the later of the first use of the NDIS or the injury date until the day before the claim was finalised.
- If the NDIA is told before finalisation, it recovers from the compensation payer and pays the participant the balance. If it is told after the participant has been paid, recovery is from the participant.
- Lifetime Care is no-fault. It can apply to a NSW motor accident on or after 1 October 2006 where the person was under 16, or on or after 1 October 2007 for an adult, for injuries that include spinal cord injury, brain injury, amputations, burns and permanent blindness. An interim participant is supported for two years. The lawyer decides eligibility.
Forms and precedents for this task
| Form or precedent | Kind | AI use | Summary |
|---|---|---|---|
| NDIS compensation: what to tell the agency before and after settlement | Checklist | AI use Yellow | Checklist for telling the NDIA about compensation, and for the recoverable amount and compensation reduction amount as the NDIA page describes them. |
| Settlement advice letter before a personal injury release is signed | Letter | AI use Yellow | Letter to the injured person before a personal injury settlement is signed, with blanks for the lawyer's view on liability, the ranges, the recommendation, and the costs figures required before settlement. |
| Client checklist after a personal injury settlement | Checklist | AI use Yellow | What a client does after a personal injury settlement is signed: Medicare, Centrelink, the NDIS, tax, and money held for a child. |
Signed-in accounts can read the full text of each one. All precedents.
Sources
- NDIA: What compensation is, for NDIS participants · 2026-10-23
- icare: Lifetime Care and Support Scheme, who the scheme cares for · 2026-10-23
The compensation reduction amount on the NDIA page is an estimate until the claim is finalised. Do not treat a calculator figure as the amount.
The Compensation Operational Guideline was not opened. Do not add rules from it.
Health and wage records stay in a firm-controlled tool. The lawyer applies ASCR r 9 and APP 11, and decides whether any breach is notifiable under the Privacy Act 1988 (Cth).