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Who can access the NDIS?

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 live 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 – 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 all requirements 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 one or more impairments to which a psychosocial disability is attributable, and
  • impairment that is, or is likely to be, permanent, and
  • impairment 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
  • impairment that affects the person's capacity for social or economic participation, and
  • a likelihood that they will require NDIS supports under the NDIS for their lifetime.

The episodic or fluctuating nature of an impairment may be taken to be permanent and NDIS supports may be provided under the NDIS despite the episodic or fluctuating nature of the impairment [NDIS Act s 24(3)].

The NDIA has developed a streamlined disability assessment process for people with certain conditions (such as autism, cerebral palsy, and permanent blindness). See NDIS Guidelines - Eligibility - Applying to the NDIS for more information.

Early intervention eligibility requirements

A person who does not meet the above criteria may still be eligible for NDIS assistance if they meet the early intervention requirements under s 25 of the NDIS Act.

A person may meet the early intervention requirements if:

  • they have an intellectual, cognitive, neurological, sensory of physical impairment that is (or is likely to be) permanent, or
  • they have impairment attributable to a psychosocial disability that is (or is likely to be) permanent, or
  • they are a child with a developmental delay,* and
  • providing early intervention supports will benefit them by:
    • reducing their future support needs, and
    • improving their functional capacity, or
    • preventing the deterioration of their functional capacity, or
    • strengthening the sustainability of informal supports available to them, such as by building the capacity of their carer, and
  • any early intervention supports that would be likely to benefit the person would be NDIS supports.

The episodic or fluctuating nature of an impairment may be taken to be permanent, and support may be provided under the NDIS, despite the episodic or fluctuating nature of the impairment [NDIS Act s 25(1A)].

See the NDIS website - What are the early intervention eligibility requirements for more information.

*Special provisions also apply to children aged under 6 years who have developmental delays resulting in substantially reduced functional capacity and who have a need for special care, treatment or services [ss 9 and 25(1)(a)(iii)]. Such applicants may also be eligible to receive assistance pursuant to the early intervention requirements of the NDIS. See the NDIS guide to the early childhood approach to learn more.

Who can access the NDIS?  :  Last Revised: Thu Oct 1st 2026
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.