---
title: "Separate NSW Lifetime Care treatment from damages still claimed"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/new-south-wales"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-MV20261023-12-NSW"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["NSW"]
last_reviewed: "2026-10-25"
---

# Separate NSW Lifetime Care treatment from damages still claimed

> Split the invoices and reports the lawyer marks into treatment and care still claimed as statutory benefits or from Lifetime Care, and loss still sought as damages.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed/new-south-wales  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Split the invoices and reports the lawyer marks into treatment and care still claimed as statutory benefits or from Lifetime Care, and loss still sought as damages. Do not value either column, and do not decide eligibility. |
| What the lawyer must review | Decide which loss remains in the damages claim. Do not move a treatment invoice into damages where the scheme is still paying it. Eligibility for Lifetime Care is a separate decision and is not made here. Keep medical details in the firm's system. Apply ASCR rule 9, APP 11, and the Privacy Act notifiable-breach test. |
| Written for | New South Wales |
| Applies to | [Separate scheme-funded treatment and care from damages still claimed](https://ailawframework.com/practice/personal-injury-and-compensation/separate-scheme-funded-treatment-and-care-from-damages-still-claimed.md) |

## Checking plan

**Verify against sources**

The lawyer decides what remains in damages. The tool keeps the two columns apart and does not decide eligibility.

- What the AI does: Split the invoices and reports the lawyer marks into treatment and care still claimed as statutory benefits or from Lifetime Care, and loss still sought as damages. Do not value either column, and do not decide eligibility.
- What the lawyer does: Decide which loss remains in the damages claim. Decide Lifetime Care eligibility separately.
- Who reviews: Lawyer competent in this practice area
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance.

## Checks the lawyer makes

1. The icare page says Lifetime Care pays treatment, rehabilitation and care for a person severely injured in a motor accident in NSW, whether or not the person was at fault, if the accident and the injury meet the criteria.
2. The page states accident dates of on or after 1 October 2006 for a child under 16, and on or after 1 October 2007 for an adult. An accepted person is an interim participant for two years and may then apply to be a lifetime participant. The Lifetime Care and Support Guidelines, which the page says contain the injury criteria, were not opened.
3. While the person is a participant, clause 4.7 requires the insurer to notify the Lifetime Care and Support Authority of each liability notice and of a decision to cease or suspend entitlements. Clause 4.87 says a recovery plan is not required during that time.
4. The SIRA damages page says past and future medical costs cannot be claimed as damages, and that treatment and care is claimed as statutory benefits. It also says reasonable and necessary treatment and care benefits may continue after a damages settlement. The Act section for that exclusion was not opened. The tool follows that split and does not value either column.

## Notes

- The icare page names assessment tools and then sets out injury criteria, including functional scores. It does state pass marks. Do not apply a score from that page as an eligibility decision in this split. Do not treat an interim participant as a lifetime participant unless the lawyer says the later application was accepted. No Act section was opened for the damages exclusion. The split is taken from the SIRA page.

## Practical guide

Jurisdiction: icare Lifetime Care and Support Scheme, and Motor Accident Guidelines clauses 4.7 and 4.87

**Deliverable**: Two columns: scheme treatment and care, and loss still sought as damages. No values.

**Inputs**

- Invoices and reports the lawyer marks
- Whether the lawyer says the person is a participant
- Which items the lawyer says the scheme is still paying

**Example**: Illustrative example: The lawyer marks a care invoice as still with Lifetime Care and a loss-of-earnings figure as damages. The tool puts them in separate columns and does not add them up.

**Stop and escalate when**

- The tool is asked to decide eligibility or to value either column.
- The tool is asked to move a scheme-paid invoice into the damages column.

Checked 2026-10-23.

## Sources

- [icare: Lifetime Care and Support Scheme](https://www.icare.nsw.gov.au/injured-or-ill-people/motor-accident-injuries/who-we-care-for) (checked 2026-10-23)
- [SIRA Motor Accident Guidelines Part 4](https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/for-professionals/motor-accident-guidelines/part-4-of-the-motor-accident-guidelines-claims) (checked 2026-10-23)
- [SIRA: apply for common law damages](https://www.sira.nsw.gov.au/resources-library/motor-crash-compensation/guides-and-resources/apply-for-common-law-damages-lump-sum-compensation) (checked 2026-10-23)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*