Understanding Compensation

Under the NSW Health Assistive Technology Policy Directive PD2020_026, any person who has received compensation related to their disability or health condition is not be eligible to access EnableNSW programs or services except in specific circumstances.

If you have started a claim but it has not yet been finalised, you may be able to receive services from EnableNSW but you will need to reimburse EnableNSW from your payout when it is finalised.

To help us make the right decisions, it is important we know about any form of compensation you are pursuing or have been successful with. This is usually where a sum of money is being pursued (or has been received) to cover damages from an incident that has resulted in a permanent injury or health condition.

Understanding your compensation claim

Why do I need to sign a release of information?

The release of information gives us permission to interact with your legal representative. It is important we can exchange information with them to understand how your claim is progressing and to provide them with information about the cost of the services you have received from us. This information will form part of your claim.

Can you provide me an estimate of costs to be considered as part of my claim payout?

Yes, your legal representative should contact us for a comprehensive summary of all costs incurred for the duration you have been registered with EnableNSW. This may include costs associated with equipment purchase, equipment repairs, consumable orders as well as any other costs incurred.

It is important to know we will add an administration fee to cover the support we provided to you during the period you were registered with EnableNSW.

What happens if my compensation claim is successful?

When you apply for EnableNSW programs and services, you agree to reimburse EnableNSW for the cost of any equipment, repairs and/or services provided if a relevant compensation claim results in settlement. It is important to understand this before you settle a compensation claim and you should discuss it with your legal representative.

Your legal representative will contact us to make payment arrangements. We will in return provide them with the right information to help finalise your claim.

If my compensation claim is successful, where will I go for my ongoing disability and health requirements?

• If you are successful, your payout amount should include an amount for your future costs as well as an amount for costs since the incident.
• If you need help outside of this:
  • You can apply to the National Disability Insurance Scheme (NDIS) if you are under 65 OR
  • You can apply for an Australian Government Home Care Package through My Aged care if you are over 65.

What happens if my compensation claim is not successful?

A letter from your legal representative will be enough to close the matter on our end. You will remain eligible for our programs and services if your situation has not changed and you continue to meet the eligibility and funding criteria for support.

My compensation claim was partly successful and I did not receive the full amount I was expecting. Will I have to pay everything back to EnableNSW?

Your legal team should contact us to discuss this situation.

Other important information you should know

Do I need to return my equipment if I have a successful compensation claim?

No, the cost of the equipment has been incorporated in the amount you are paying back. Once you have paid the amount, the equipment belongs to you.

If I return my equipment, do I still have to pay back the costs of the aids and equipment?

Yes, the equipment has been purchased specifically for you and your needs. If your equipment needs to be changed, upgraded or is no longer repairable, the cost of the new equipment must be incorporated into your settlement costs.

If you would like to donate your unwanted equipment to us, contact us to discuss your donation. If possible we will refurbish the items as required, and use it to help someone else. Note that not all equipment can be reused and no fee is payable to you for donations.

I received compensation many years ago but it has now been expended, can I apply to EnableNSW for assistance?

We understand some people will have received compensation many years ago and changes in their circumstances may mean they now are experiencing financial hardship. If this is the case, we will assess your situation on a case by case basis and let you know the outcome when we have reviewed your situation. You will be expected to provide sufficient documentation to demonstrate financial hardship, and that your payout was spent on your equipment or disability needs.

What is financial hardship?

Financial hardship usually includes factors such as; difficulty in meeting your day to day expenses, having a low income, relying on support from family or friends or being on a government pension.

I received compensation in the past, however my health need does not relate to the reason I am applying for support through EnableNSW. Will you still consider my application?

If you can clearly demonstrate your health need is unrelated to your compensation claim, we will assess your situation on a case by case basis. It is important to know you must still meet the eligibility and funding criteria for support.

Where can I find more information?

Your legal representative will have the most up to date information about your claim.