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Who can access the NDIS?

The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Cth) commenced on 3 October 2024. This section of the handbook has not yet been reviewed. For more information about the changes in the meantime, please visit the NDIS website.

To be eligible to access the NDIS, a person must:

  • be an Australian citizen, or hold a permanent visa or a Protected Special Category Visa [National Disability Insurance Scheme Act 2013 (Cth) ('NDIS Act') s 23]; and
  • currently reside in Australia [s 23]; and
  • be aged under 65 years old when applying to access the scheme [s 22]; and
  • meet the disability requirements [s 24].

Alternatively, a person may be eligible if they meet the early intervention requirements as contained in section 25 of the NDIS Act – see Early Intervention Requirements below.

Disability requirements

The disability requirements are set out in section 24 of the NDIS Act, and a person must satisfy each requirement to be eligible under the NDIS. For a person to meet the disability requirements, they must have [s 24]:

  • a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments, or the person has one or more impairments to which a psychosocial condition is attributable; and
  • an impairment(s) that is, or is likely to be, permanent; and
  • an impairment(s) that results in substantially reduced functional capacity in at least one of the activities of communication, social interaction, learning, mobility, self-care, and self-management; and
  • an impairment(s) that affects the person's capacity for social or economic participation; and
  • a likelihood that they will require support under the NDIS for their lifetime.

From 1 July 2022, section 24(3) of the NDIS Act provides that the episodic or fluctuating nature of an impairment(s) may be taken to be permanent and support may be provided under the NDIS despite the episodic of fluctuating nature of the impairment(s).

The NDIA has developed a streamlined disability assessment process for people with certain conditions (such as autism, cerebral palsy, permanent blindness), or who are already receiving support from certain disability providers in Western Australia. Such applicants may automatically meet the disability requirements without further assessment. See NDIS Guidelines: Do you meet the disability requirements and associated List A, List B, and List C (Western Australian supports) for more information.

Any child aged under seven years who applies for the NDIS will first be assessed as to whether they meet the early intervention requirements - see Early intervention requirements below [see also NDIS Guidelines: Do you need early intervention].

Early intervention requirements

A person who does not meet the above criteria may still be eligible for NDIS assistance if they meet the early intervention requirements.

Section 25(1) of the NDIS Act provides that a person may meet the early intervention requirements if: provides that a person may meet the early intervention requirements if:

  • they have an intellectual, cognitive, neurological, sensory of physical impairment(s) that is (or is likely to be) permanent; or
  • they have an impairment(s) attributable to a psychosocial disability that is (or is likely to be) permanent; and
  • providing early intervention supports will reduce the person’s future support needs and will improve their functional capacity or prevent the deterioration of their functional capacity.

If a person meets the above criteria, then assistance may be received from the NDIS as long as the supports are not more appropriately funded by another service [s 25(3)]. From 1 July 2022, section 25(1A) of the NDIS Act provides that the episodic or fluctuating nature of an impairment or impairments may be taken to be permanent, and support may be provided under the NDIS despite the episodic of fluctuating nature of the impairments.

Special provisions also apply to children aged under six years who have developmental delays resulting in substantially reduced functional capacity and who have a need for special care, treatment or services [s 25(1)(a)(iii)]. Such applicants may also be eligible to receive assistance pursuant to the early intervention requirements of the NDIS.

Who can access the NDIS?  :  Last Revised: Fri Oct 4th 2024
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.