DOCUMENT 1
FOI 24/25-0753
AAT Case Management Guide
Access for Chronic Health Conditions
OFFICIAL For Internal Use Only
Field
Content
Reference Documents
Title
Access for Chronic Health Conditions
This document is part of a suite of guidance
Purpose
documents for case managers to use in formulating
their approach to managing individual cases before
the Administrative Appeals Tribunal (
AAT).
For the purposes of this guidance document, chronic
National Strategic
health conditions refer to a broad range of chronic
Framework for Chronic
and complex health conditions across the spectrum of Conditions
Scope
illnesses. The eight major chronic conditions
About chronic
identified by the Australian Institute of Health and
conditions | Australian
Welfare are arthritis, asthma, back pain, cancer,
Government
cardiovascular disease, chronic obstructive pulmonary Department of Health
disease, diabetes, and mental health conditions.
and Aged Care
Escalation to
If a matter is within the parameters of this document,
Hearing
the AAT Case Management Branch Manager may
Oversight
approve proceeding to hearing. Where there is
Committee
substantial risk or the matter is outside the
(
HOC)
parameters of this document, the matter should be
referred to HOC.
The AAT process is often seen as stressful and
NDIA Dispute
adversarial by the participants and our focus should
Resolution Policy
be on resolving issues as practicably and quickly as
possible. The role of the NDIA is to assist the AAT and Appendix B to the
Legal
the participant in reaching the best possible
Services Directions
Current
resolution for the participant by agreement.
2017
National
To be eligible for access to the Scheme on the basis of
Disability
a chronic health condition, an applicant’s chronic
Insurance
Sections 24 and 25 of
health condition must satisfy the disability
Agency (
NDIA)
the
National Disability
requirements. A chronic health condition satisfies the
policy on the
Insurance Scheme Act
disability requirements if:
subject
2013
• it is caused by an intellectual, cognitive,
Rules 5, 6 and 7 of the
neurological, sensory, psychological, or
National Disability
physical impairment; and
Insurance Scheme
• it is likely to be permanent; and
(Becoming a
• it substantial y reduces an applicant’s
Participant) Rules 2016
functional capacity; and
1
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FOI 24/25-0753
AAT Case Management Guide
Access for Chronic Health Conditions
OFFICIAL For Internal Use Only
• it affects an applicant’s ability to work, study
Operational Guideline –
or take part in their social life; and
Applying to the NDIS
• an applicant will likely need the support of
Eligibility and medical
the Scheme for the remainder of their life.
conditions FAQ | NDIS
Alternatively, an applicant will be eligible for access to
the Scheme if they satisfy the early intervention
requirements on the basis of their chronic health
condition, meaning:
• the chronic health condition is likely to be
permanent;
• early intervention supports are likely to
reduce the need for need future supports;
• the early intervention needed is most
appropriately funded by the NDIA.
It is important that each matter is determined on its
Inquiry report -
own merit, based on the available evidence. There is
Disability Care and
not a blanket ‘yes’ or ‘no’ response to the question of Support | Productivity
Commission
NDIA Posture
whether individuals with chronic health conditions
in relation to
should be permitted access to the Scheme. The
Council of Australian
this subject
response will primarily rely on whether the Scheme is Governments (
COAG) –
the most appropriate system to fund an individual’s
Principles to determine
disability support needs.
responsibilities of the
NDIS and other service
systems
To consider an applicant’s eligibility to access the
Evidence
Providing evidence of
Scheme, the NDIA requires recent evidence from a
recommended
your disability | NDIS
health care professional which confirms an applicant’s
to inform NDIA disability, its impacts on the applicant’s functional
Types of disability
position in a
capacity, previous treatments, and outcomes, as wel evidence | NDIS
specific matter as future treatment options and expected outcomes. Persons Giving Expert
before the
and Opinion Evidence
Administrative It is important that the health care professional giving Guideline |
Appeals
evidence is the most appropriate person to provide
Administrative Appeals
Tribunal (
AAT) that evidence, and that they have treated the
applicant for a significant period of time.
Tribunal
Section 24(1)(c) of the
Other
To satisfy the access requirements, a participant’s
National Disability
considerations chronic health condition must be evidenced to
substantially reduce their functional capacity.
Insurance Scheme Act
2013
2
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AAT Case Management Guide
Access for Chronic Health Conditions
OFFICIAL For Internal Use Only
The NDIA wil not fund supports for chronic health
Rule 5.8 of the
National
conditions that are unrelated to a participant’s
Disability Insurance
disability. For example, the NDIA may approve access
Scheme (Becoming a
to the Scheme on the basis of a limb amputation as a
Participant) Rules 2016
result of peripheral arterial disease within the setting Eligibility and medical
of diabetes but wil not fund supports related to the
conditions FAQ | NDIS
treatment or management of peripheral arterial
disease or diabetes.
The determination of the AAT regarding whether an
applicant’s chronic health condition satisfies the
CKJW and National
requirements for access to the Scheme will usual y
Disability Insurance
turn on the question of a
substantial reduction in an
Agency [2021] AATA
applicant’s functional capacity.
3983
Previous
Mulligan and National
matters that
The test is not whether or not the chronic health
Disability Insurance
may advise the condition is significant, but whether or not the
Agency [2015] AATA
NDIA position
legislative requirements for access are met on the
balance of the available evidence.
974
In each of these cases, the AAT affirmed the decision
Nika and National
under review on the basis that the AAT was not
Disability Insurance
satisfied that the applicants’ chronic health condition
Agency [2021] AATA
substantial y reduced their functional capacity.
2127
Document
admin
Quality, Strategy and Training
4 January 2023
Approved
Matthew Swainson, Chief Counsel
3
Page 3 of 44
FOI 24/25-0753
DOCUMENT 2
AAT Case Management Guide
Capacity Building Supports
OFFICIAL For Internal Use Only
Field
Content
Reference Documents
Title
Capacity Building Supports
This document is part of a suite of guidance
Purpose
documents for case managers to use in formulating
their approach to managing individual cases before
the Administrative Appeals Tribunal (
AAT).
Capacity building (
CB) supports refer to a range of
supports which help a participant build their skil s and
increase their independence.
Capacity building supports are grouped under the
fol owing support categories:
What are the support
• Support coordination
budgets in your plan? |
Scope
• CB Home Living
NDIS
• CB Social Community and Civic Participation
Support budgets in
• CB Employment
your plan | NDIS
• CB Relationships
• CB Health and Wellbeing
• CB Lifelong Learning
• CB Choice and Control
• CB Daily Activity
Escalation to
If a matter is within the parameters of this document,
Hearing
the AAT Case Management Branch Manager may
Oversight
approve proceeding to hearing. Where there is
Committee
substantial risk or the matter is outside the
(
HOC)
parameters of this document, the matter should be
referred to HOC.
The AAT process is often seen as stressful and
NDIA Dispute
adversarial by the participants and our focus should
Resolution Policy
be on resolving issues as practicably and quickly as
Current
Appendix B to the
Legal
possible. The role of the NDIA is to assist the AAT and
National
Services Directions
the participant in reaching the best possible
Disability
2017
resolution for the participant by agreement.
Insurance
Section 34(1) of the
Agency (
NDIA) The NDIA wil fund capacity building supports which:
National Disability
policy on the
• relate to a participant’s disability; and
Insurance Scheme Act
subject
• meet the NDIS funding criteria; and
2013
• are most appropriately funded by the NDIS.
Rule 5.1 of the
National
Capacity building supports meet the NDIS criteria if:
Disability Insurance
Scheme (Supports for
1
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AAT Case Management Guide
Capacity Building Supports
OFFICIAL For Internal Use Only
• they wil assist a participant to pursue their
Participants) Rules
goals, objectives, and aspirations; and
2013
• they wil assist a participant to take part in
Schedule 1 of the
their social and work life; and
National Disability
• they are effective and beneficial; and
Insurance Scheme
• represent good value for money, compared
(Supports for
to other supports that may achieve the same
Participants) Rules
outcome or reduce a participant’s need for
2013
future supports; and
• they take account of what is reasonable for
How we work out if a
families, carers, informal networks, and the
support meets the
community to provide; and
funding criteria | NDIS
• are legal and safe to provide.
Where capacity building supports are to be funded as
early intervention supports, the NDIA must also be
satisfied that they are likely to reduce a participant’s
need for future disability supports.
The NDIA must closely consider a participant’s
individual circumstances – in particular, their
Operational Guideline –
functional capacity as wel the effectiveness of the
Reasonable and
supports and their value for money. The NDIA must
necessary supports
also consider the role of mainstream service delivery
systems in meeting a participant’s support needs.
Operational Guideline –
Early childhood
The capacity building supports considered reasonable
approach
and necessary to provide will differ from one
participant to another. For example:
Operational Guideline –
Mainstream and
• For participants younger than 9 years of age,
community supports
the focus of the NDIA is about giving
overview
NDIA Posture
participants the best possible start in life,
Operational Guideline –
in relation to
with an emphasis on their development,
Mainstream and
this subject
theirs and their family’s wellbeing, and their
ability to take part in the community.
community supports
Capacity building supports which aid a
interface
participant in these areas are more likely to
Employment | NDIS
be considered reasonable and necessary. This
includes Support Coordination, CB Social
Rule 5.1 of the
National
Community and Civic Participation, CB
Disability Insurance
Relationships, CB Health and Wellbeing and
Scheme (Supports for
CB Daily Activity.
Participants) Rules
2013
• When a participant reaches 9 years of age,
the NDIA recognises that they are likely
participating in education. The education
system shares in the community’s
responsibility to help a participant build their
2
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AAT Case Management Guide
Capacity Building Supports
OFFICIAL For Internal Use Only
skills and increase their independence
through school-based therapy delivered in
schools. In this context, the NDIA is unlikely to
fund capacity building supports that
represent a duplication of the supports
provided by the education system. This
includes supports such as CB Social
Community and Civic Participation, CB
Relationships, CB Health and Wellbeing and
CB Daily Activity.
• From the age of 14 years, the NDIA recognises
that a participant may have concluded their
schooling career and that their goals,
aspirations, and objectives are more likely to
tend towards furthering their education,
seeking employment, and building
relationships. Capacity building supports
which target these areas are more likely to be
reasonable and necessary; this includes
supports like CB Employment, CB Lifelong
Learning, CB Relationships, CB Health and
Wellbeing and CB Daily Activity.
• For adult participants, the NDIA is most likely
to fund capacity building supports which wil
help a participant build their skil s to progress
their career and live independently. These
supports include Support Coordination, CB
Choice and Control, CB Employment, CB
Home Living, CB Health and Wellbeing and CB
Daily Activity.
The NDIA will refer to clinical evidence that capacity
building supports wil be and may have been in the
Types of disability
past, effective, and beneficial for the participant’s
evidence | NDIS
Evidence
functional capacity. This evidence would ordinarily be Rules 3.1 – 3.4 of the
recommended provided by an occupational therapist, psychologist,
National Disability
to inform NDIA or physiotherapist.
Insurance Scheme
position in a
(Supports for
specific matter Clinical evidence is to also address the link between
Participants) Rules
before the
capacity building supports and a participant’s
2013
Administrative individual goals and specify how the capacity building Persons Giving Expert
Appeals
supports will be utilised to assist the participant in
and Opinion Evidence
Tribunal (
AAT) achieving those goals.
Guideline |
The NDIA will also rely on available evidence to
Administrative Appeals
consider whether capacity building supports
Tribunal
represent good value for money when compared to
3
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AAT Case Management Guide
Capacity Building Supports
OFFICIAL For Internal Use Only
alternative support options which may have a similar
outcome at a cheaper cost.
The NDIA is unable to fund capacity building supports
which constitute a day-to-day living cost, or which
acts as income stream replacement.
Rules 5.1 and 5.3(b) of
the
National Disability
Note: Capacity building support funding cannot be
Insurance Scheme
moved between Capacity Building support categories. (Supports for
The nature of capacity building supports leads to
Participants) Rules
Other
them no longer being reasonable and necessary over
2013
considerations time. The provision and funding of these types of
Operational Guideline –
support therefore may fluctuate depending on the
Reasonable and
effect on the participant’s needs. Additional y, if
necessary supports
capacity building supports have successfully aided a
participant in building their independence, the
Support budgets in
participants need for other supports is expected to
your plan | NDIS
decrease as time progresses.
Previous
matters that
may advise the
NDIA position
Document
admin
Quality, Strategy and Training
5 July 2023
Approved
Matthew Swainson, Chief Counsel
4
Page 7 of 44
FOI 24/25-0753
DOCUMENT 3
OFFICIAL For Internal Use Only
Case Management Guide
Capacity Building
Field
Category
Reference Documents
Title
Capacity Building
Purpose
This document is part of a suite of guidance
documents for Case Managers to use in formulating
their approach to managing individual matters before
the Administrative Review Tribunal (
ART).
This Guide applies nationally to the conduct of all
matters within the ART Case Management Branch.
Scope
Capacity building (
CB) supports refer to a range of
What are the support
supports which help a participant build their skil s and budgets in your plan? |
increase their independence.
NDIS
Capacity building supports are grouped under the
Support budgets in your
following support categories:
plan | NDIS
• Support coordination
• CB Home Living
• CB Social Community and Civic Participation
• CB Employment
• CB Relationships
• CB Health and Wellbeing
• CB Lifelong Learning
• CB Choice and Control
• CB Daily Activity
NDIA policy
The ART process is often seen as stressful and
NDIA Dispute Resolution
on this subject adversarial by participants and prospective
Policy
participants of the Scheme. The NDIA wil adopt a
participant-focused approach to resolving disputes
Appendix B to the
Legal
before the ART, and wil work directly with participants
Services Directions 2017
and prospective participants to provide better and
Section 34(1) of the
earlier outcomes, where possible.
National Disability
The role of the NDIA is to assist the ART in reaching
Insurance Scheme Act
the correct and preferable decision, including by
2013
assisting participants and prospective participants in
Rule 5.1 of the
National
reaching the best possible resolution by agreement.
Disability Insurance
The NDIA wil fund capacity building supports which:
Scheme (Supports for
Participants) Rules 2013
• relate to a participant’s disability; and
Schedule 1 of the
• meet the NDIS funding criteria; and
National Disability
• are most appropriately funded by the NDIS.
Insurance Scheme
NDIA-ARB-GDE-011-DRAFT
OFFICIAL
Page 1 of 4
Page 8 of 44
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OFFICIAL For Internal Use Only
Case Management Guide
Capacity Building
Field
Category
Reference Documents
Capacity building supports meet the NDIS criteria if:
(Supports for
• they wil assist a participant to pursue their
Participants) Rules 2013
goals, objectives, and aspirations; and
How we work out if a
• they wil assist a participant to take part in
support meets the
their social and work life; and
funding criteria | NDIS
• they are effective and beneficial; and
• represent good value for money, compared to
other supports that may achieve the same
outcome or reduce a participant’s need for
future supports; and
• they take account of what is reasonable for
families, carers, informal networks, and the
community to provide; and
• are legal and safe to provide.
Where capacity building supports are to be funded as
early intervention supports, the NDIA must also be
satisfied that they are likely to reduce a participant’s
need for future disability supports.
NDIA posture The NDIA must closely consider a participant’s
Operational Guideline –
in relation to
individual circumstances – in particular, their
Reasonable and
this subject
functional capacity as well the effectiveness of the
necessary supports
supports and their value for money. The NDIA must
also consider the role of mainstream service delivery
Operational Guideline –
systems in meeting a participant’s support needs.
Early childhood
approach
The capacity building supports considered
reasonable and necessary to provide wil differ from
Operational Guideline –
one participant to another. For example:
Mainstream and
community supports
• For participants younger than 9 years of age,
overview
the focus of the NDIA is about giving
participants the best possible start in life, with
Operational Guideline –
an emphasis on their development, theirs and
Mainstream and
their family’s wellbeing, and their ability to
community supports
take part in the community. Capacity building
interface
supports which aid a participant in these
Employment | NDIS
areas are more likely to be considered
Rule 5.1 of the
National
reasonable and necessary. This includes
Disability Insurance
Support Coordination, CB Social Community
Scheme (Supports for
and Civic Participation, CB Relationships, CB
Participants) Rules 2013
Health and Wellbeing and CB Daily Activity.
NDIA-ARB-GDE-011-DRAFT
OFFICIAL
Page 2 of 4
Page 9 of 44
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OFFICIAL For Internal Use Only
Case Management Guide
Capacity Building
Field
Category
Reference Documents
• When a participant reaches 9 years of age,
the NDIA recognises that they are likely
participating in education. The education
system shares in the community’s
responsibility to help a participant build their
skil s and increase their independence
through school-based therapy delivered in
schools. In this context, the NDIA is unlikely to
fund capacity building supports that represent
a duplication of the supports provided by the
education system. This includes supports
such as CB Social Community and Civic
Participation, CB Relationships, CB Health
and Wellbeing and CB Daily Activity.
• From the age of 14 years, the NDIA
recognises that a participant may have
concluded their schooling career and that
their goals, aspirations, and objectives are
more likely to tend towards furthering their
education, seeking employment, and building
relationships. Capacity building supports
which target these areas are more likely to be
reasonable and necessary; this includes
supports like CB Employment, CB Lifelong
Learning, CB Relationships, CB Health and
Wellbeing and CB Daily Activity.
• For adult participants, the NDIA is most likely
to fund capacity building supports which wil
help a participant build their skil s to progress
their career and live independently. These
supports include Support Coordination, CB
Choice and Control, CB Employment, CB
Home Living, CB Health and Wellbeing and
CB Daily Activity.
Evidence
recommended The NDIA wil refer to clinical evidence that capacity
Types of disability
to inform
building supports wil be and may have been in the
evidence | NDIS
NDIA position past, effective, and beneficial for the participant’s
Rules 3.1 – 3.4 of the
in a matter
functional capacity. This evidence would ordinarily be
National Disability
before the
provided by an occupational therapist, psychologist,
Insurance Scheme
ART
or physiotherapist.
NDIA-ARB-GDE-011-DRAFT
OFFICIAL
Page 3 of 4
Page 10 of 44
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OFFICIAL For Internal Use Only
Case Management Guide
Capacity Building
Field
Category
Reference Documents
Clinical evidence is to also address the link between
(Supports for
capacity building supports and a participant’s
Participants) Rules 2013
individual goals and specify how the capacity building Persons Giving Expert
supports wil be utilised to assist the participant in
and Opinion Evidence
achieving those goals.
Guideline |
The NDIA wil also rely on available evidence to
Administrative Appeals
consider whether capacity building supports
Tribunal
represent good value for money when compared to
alternative support options which may have a similar
outcome at a cheaper cost.
Other
The NDIA is unable to fund capacity building supports
considerations which constitute a day-to-day living cost, or which
acts as income stream replacement.
Rules 5.1 and 5.3(b) of
the
National Disability
Note: Capacity building support funding cannot be
Insurance Scheme
moved between Capacity Building support
(Supports for
categories.
Participants) Rules 2013
The nature of capacity building supports leads to
Operational Guideline –
them no longer being reasonable and necessary over
Reasonable and
time. The provision and funding of these types of
necessary supports
support therefore may fluctuate depending on the
effect on the participant’s needs. Additionally, if
Support budgets in your
capacity building supports have successfully aided a plan | NDIS
participant in building their independence, the
participants need for other supports is expected to
decrease as time progresses.
Previous
matters that
may inform
the NDIA
position
Document Control
Responsible Person
Date
Document author
Continuous Improvement
[date]
Document approver
Director, Continuous Improvement
[date]
NDIA-ARB-GDE-011-DRAFT
OFFICIAL
Page 4 of 4
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DOCUMENT 4
FOI 24/25-0753
AAT Case Management Guide
Assistive Technology: Low-Cost Consumables
OFFICIAL For Internal Use Only
Field
Content
Reference Documents
Title
Assistive Technology (AT): Low-Cost Consumables
This document is part of a suite of guidance documents for
Purpose
case managers to use in formulating their approach to
managing individual cases before the Administrative Appeals
Tribunal (
AAT).
Low-cost assistive technology (
AT) assists participants to do
Operational Guideline –
things more easily or safely.
Assistive Technology
Funding for low-cost AT is included in a planned
consumables
Operational Guideline –
budget, which enables a participant to purchase the low-cost
Reasonable and necessary
AT they require.
supports
Reasonable and necessary
Scope
Low-cost AT consumables are any which are charged at
$1,500.00 per item or less, such as:
supports | NDIS
• continence products
NDIA Assistive Technology
• non-slip bathmats
& Consumables Code Guide
• large print labels
Section 34 of the
National
• walking sticks
Insurance Disability Scheme
• basic shower chairs
Act 2013
If a matter is within the parameters of this document, the AAT
Escalation to
Case Management Branch Manager may approve proceeding
Hearing Oversight to hearing. Where there is substantial risk or the matter is
Committee (
HOC) outside the parameters of this document, the matter should
be referred to HOC.
The AAT process is often seen as stressful and adversarial by
the participants and our focus should be on resolving issues as
practicably and quickly as possible. The role of the NDIA is to
NDIA Dispute Resolution
assist the AAT and the participant in reaching the best possible Policy
resolution for the participant by agreement.
Current National
Appendix B to the
Legal
Disability
The NDIA is unable to provide low-cost AT funding for items
Services Directions 2017
Insurance Agency which are:
Assistive Technology –
(
NDIA) policy on
• considered an ordinary living cost (utilities);
Guide for low cost support
the subject
• applications or software intended for the continuity of
funding | NDIA
support, as this is generally free, very low cost, or
Flexible low cost AT for
provided by a Provider;
support continuity | NDIS
• additional hardware or accessories, other than
standard protective cases.
1
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Assistive Technology: Low-Cost Consumables
OFFICIAL For Internal Use Only
The NDIA must consider whether funding for low-cost AT is
more appropriately provided by other mainstream service
Assistive technology
NDIA Posture in
delivery systems.
explained | NDIS
relation to this
Because every case is unique, and the needs of an individual
subject
participant may change over time, the NDIA will consider
How do we fund assistive
whether it would be preferable to rent, as opposed to buying,
technology? | NDIS
a particular item.
Evidence
recommended to The NDIA wil support and encourage participants to provide
Assistive technology
inform NDIA
detailed assessments detailing their low-cost AT needs and
product risk table | NDIS
position in a
quotes to substantiate the amount of low-cost AT funding
specific matter
available in their plan.
Persons Giving Expert and
before the
The NDIA will rely on the best available evidence in forming a
Opinion Evidence Guideline
Administrative
view, including expert evidence, medical evidence, opinion
| Administrative Appeals
Appeals Tribunal
evidence and witness statements.
Tribunal
(
AAT)
Participants should general y not be expected or need to spend
more than $750 on maintenance costs.
General y, participants should not be expected or need to
spend more than $600 on a standard tablet, computer, or iPad
Other
in order to participant in online video classes.
Flexible low cost AT for
considerations
The COVID-19 pandemic changed the way in which some
support continuity | NDIS
supports can be delivered, with greater reliance on technology
to enable the continuity of support delivery (such as through
telehealth and video conferencing). The NDIA wil continue its
flexible approach to AT to accommodate these changes.
Previous matters
that may advise
the NDIA position
Document admin Quality, Strategy and Training
4 January 2023
Approved
Matthew Swainson, Chief Counsel
2
Page 13 of 44
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DOCUMENT 5
OFFICIAL For Internal Use Only
Case Management Guide
Assistive Technology (AT): Low Cost-Consumables
Field
Category
Reference Documents
Title
Assistive Technology (AT): Low-Cost
Consumables
Purpose
This document is part of a suite of guidance
documents for Case Managers to use in formulating
their approach to managing individual matters before
the Administrative Review Tribunal (
ART).
This Guide applies nationally to the conduct of all
matters within the ART Case Management Branch.
What is low-
Operational Guideline –
cost assistive
Assistive Technology
technology?
Low-cost assistive technology (
AT) assists
Operational Guideline –
participants to do things more easily or safely.
Reasonable and
Funding for low-cost AT is included in a planned
necessary supports
consumables budget, which enables a participant to
Reasonable and
purchase the low-cost AT they require.
necessary supports |
Low-cost AT consumables are any which are charged NDIS
at $1,500.00 per item or less, such as:
NDIA Assistive
• continence products
Technology &
• non-slip bathmats
Consumables Code
• large print labels
Guide
• walking sticks
Section 34 of the
• basic shower chairs
National Insurance
Disability Scheme Act
2013
Policy
The ART process is often seen as stressful and
statement
adversarial by participants and prospective
NDIA Dispute Resolution
participants of the Scheme. The NDIA wil adopt a
Policy
participant-focused approach to resolving disputes
Appendix B to the
Legal
before the ART, and wil work directly with participants
Services Directions 2017
and prospective participants to provide better and
earlier outcomes, where possible.
Schedule 1 and 2
National Disability
The role of the NDIA is to assist the ART in reaching
Insurance Scheme
the correct and preferable decision, including by
(NDIS Supports)
assisting participants and prospective participants in
Transitional Rules 2024
reaching the best possible resolution by agreement.
NDIA-ARB-GDE-017-FINAL
OFFICIAL
Page 1 of 3
Page 14 of 44
FOI 24/25-0753
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Case Management Guide
Assistive Technology (AT): Low Cost-Consumables
Field
Category
Reference Documents
The NDIA is unable to provide low-cost AT funding for Assistive Technology –
items which are:
Guide for low cost
• not NDIS supports;
support funding | NDIA
• considered an ordinary living cost (utilities);
Flexible low cost AT for
• applications or software intended for the
support continuity | NDIS
continuity of support, as this is generally free,
very low cost, or provided by a Provider;
and/or
• additional hardware or accessories, other
than standard protective cases.
Approach to
Assistive technology
ART matters
The NDIA wil fund all reasonable and necessary low- explained | NDIS
cost AT, where that support is a NDIS support.
How do we fund
Because every case is unique, and the needs of an
assistive technology? |
individual participant may change over time, the NDIA NDIS
wil consider whether it would be preferable to rent,
as opposed to buying, a particular item.
What does NDIS fund? |
NDIS
Evidence
The NDIA wil support and encourage participants to
recommended provide detailed assessments detailing their low-cost
AT needs and quotes to substantiate the amount of
low-cost AT funding available in their plan.
Assistive technology
Low-cost AT which poses a higher risk – including,
product risk table | NDIS
but not limited to, bed sticks and other transfer aids,
bed rails, bed covers, weighted blankets and
Persons Giving Expert
pressure cushions – wil generally require advice
and Opinion Evidence
from an AT Advisor or AT Assessor, to ensure
Guideline |
appropriate funding is provided.
Administrative Appeals
Tribunal
If the requested AT is low cost
and
low risk, TAPIB
suggest that advice be obtained from an AT Advisor
Fact Sheet –
about the specific item that wil best meet the
Understand Assistive
participant’s needs.
Technology evidence,
advice, assessment and
However, if the requested AT is low cost and higher
quotes
risk, it is necessary to obtain
written advice from an
AT Advisor on whether the AT is safe and appropriate
for the participant, and on whether there are other
suitable and safer alternatives.
NDIA-ARB-GDE-017-FINAL
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Case Management Guide
Assistive Technology (AT): Low Cost-Consumables
Field
Category
Reference Documents
The NDIA wil rely on the available evidence in
forming a view, including expert evidence, medical
evidence, opinion evidence and witness statements.
Other
Participants should generally not be expected or
considerations need to spend more than $750 (per year) on
maintenance costs.
Flexible low cost AT for
Generally, where replacement supports have been
support continuity | NDIS
considered, participants should not need to spend
more than $600 on a standard tablet or computer..
Document Control
Responsible Person
Date
Document author
Continuous Improvement
November 2024
Document approver
Director, Continuous Improvement
20 November 2024
NDIA-ARB-GDE-017-FINAL
OFFICIAL
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DOCUMENT 6
AAT Case Management Guide
Disability Related Health Supports
OFFICIAL For Internal Use Only
Field
Content
Reference Documents
Title
Disability Related Health Supports
This document is part of a suite of guidance
Purpose
documents for case managers to use in formulating
their approach to managing individual cases before
the Administrative Appeals Tribunal (
AAT).
Disability-related health supports are health supports Disability-related
which directly relate to the functional impact of a
health supports
Scope
participant’s disability on their functional capacity.
How do we decide
Disability-related health supports help the participant what disability-related
partake in their day-to-day life, become more
health supports we
independent, and pursue their goals.
fund? | NDIS
Escalation to
If a matter is within the parameters of this document,
Hearing
the AAT Case Management Branch Manager may
Oversight
approve proceeding to hearing. Where there is
Committee
substantial risk or the matter is outside the
(
HOC)
parameters of this document, the matter should be
referred to HOC.
The AAT process is often seen as stressful and
NDIA Dispute
adversarial by the participants and our focus should
Resolution Policy
be on resolving issues as practicably and quickly as
Appendix B to the
Legal
possible. The role of the NDIA is to assist the AAT and
Services Directions
the participant in reaching the best possible
2017
resolution for the participant by agreement.
Sections 34(1)
National
The NDIA will fund all reasonable and necessary
Disability Insurance
Current
supports which meet the NDIS funding criteria. This
Scheme Act 2013
National
means that the NDIA wil fund al disability related
Disability
health supports which:
Dysphagia supports |
Insurance
NDIS
• directly relate to a participant’s disability;
Agency (
NDIA)
• help increase a participant’s social and
Nutrition supports
policy on the
economic participation;
including meal
subject
• are effective and beneficial;
preparation | NDIS
• represent good value for money, in
Diabetes management
comparison to other supports which the NDIA supports | NDIS
may fund; and
• would not be more appropriately funded by
Continence Supports |
another mainstream service delivery system
NDIS
Particularly in the context of disability-related health
Wound and Pressure
supports, the NDIA is unable to fund supports which
Care Supports | NDIS
1
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Disability Related Health Supports
OFFICIAL For Internal Use Only
would more appropriately be funded by another
Podiatry and foot care
mainstream service delivery system.
supports | NDIS
Common examples of what this means the NDIA is
Epilepsy Supports |
able to fund include:
NDIS
Dysphagia supports
Assistive technology |
• low-cost assistive technology (equipment or
NDIS
devices to help a participant eat and drink)
What if you need
• thickener products
someone with training
• help to prepare specific foods
to provide the support
• a support worker
you need? | NDIS
• a speech pathologist, to make and implement
a mealtime management plan and train
support workers, family and/or carers
Nutrition supports
• a dietician, to create a disability-related meal
plan for a participant
• support to help fol ow that meal plan
• Home Enteral Nutrition (
HEN) and
Percutaneous Endoscopic Gastrostomy (
PEG)
equipment
• other products which may help a participant
eat safely, and acquire the nutrition they
need (such as good thickeners)
• support to manage HEN and PEG strategies
Diabetes management supports • a nurse or otherwise qualified person to
create a disability-related diabetes
management plan
• support to fol ow that management plan
• a support worker, to monitor glucose levels
and administer insulin or other medication
• training for support workers
• a nurse or otherwise qualified person to
monitor glucose levels and administer insulin
or other medication (for participants with
unstable diabetes, and/or complex disability
support needs)
• assistive technology to help manage diabetes,
which a participant is otherwise unable to
acquire through the healthcare system
Continence supports
2
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Disability Related Health Supports
OFFICIAL For Internal Use Only
• pads and/or nappies
• bedding and/or chair protection
• liners or shields
• anal plugs
• collection bags
• bottles
• strapsor tape
• professional training for someone to assist a
participant with bodily functions and hygiene
• continence assessment(s)
• a bed wetting alarm
Wound and pressure care supports
• an enrolled/registered/clinical nurse
consultant to develop a wound management
plan or pressure care plan
• a support worker, enrolled/registered/clinical
nurse to help implement that management
plan or care plan
• training for a support worker to help
implement that pressure care plan
• wound care items (gauze, bandages, dressing
and tape)
• items to prevent wounds (including pressure
relief cushions, moisturiser, barrier creams
and non-PH washes)
• review and planning of pressure care
positioning
• support to manage lymphoedema
Podiatry supports
• an initial consultation and assessment by a
podiatrist, including the development of a
podiatry care plan
• regular re-assessment(s) during a care plan
• appointments with a podiatrist to assist with
overall foot care and foot health
• a support worker
• assistive technology (orthoses, custom made
orthoses, medical grade/custom footwear, as
well as maintenance and repair)
Epilepsy supports
• funding and training for a support worker to
fol ow an epilepsy management plan
3
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Disability Related Health Supports
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• a nurse or support worker to monitor seizures
• assistive technology (such as alarms or
seizure monitors)
• support coordination
NDIA Posture
The NDIA will fund all reasonable and necessary
How do we work out
in relation to
disability-related health supports which would not
who should fund or
this subject
more appropriately be funded by any other
provide your supports?
mainstream service delivery system.
| NDIS
The NDIA must first consider whether a particular
support would be more appropriately funded by the
any other mainstream service system.
The nature and level of evidence then required to
inform the NDIA position wil depend on the
particular disability and support in question.
For example, funding for:
• dysphagia supports – will be informed by
Evidence
evidence provided by a speech pathologist
recommended
• nutrition supports – will be informed by
to inform NDIA
evidence provided by a dietician, or other
Persons Giving Expert
position in a
suitably qualified health professional
and Opinion Evidence
specific matter
• continence supports – wil be informed by
Guideline |
before the
evidence provided by a continence nurse, or
Administrative Appeals
Administrative
other suitably qualified health professional
Tribunal
Appeals
• diabetes management supports, wound and
Tribunal (
AAT)
pressure care supports, podiatry supports,
and epilepsy supports – wil be informed by
evidence provided by a suitably qualified
health professional
Matters concerning the provision of disability-related
health supports wil turn on the facts of each
particular case, and the evidence available. The NDIA
will seek to ensure the best possible evidence is made
available to help guide the AAT towards the best
possible outcome for the participant.
Where a participant also receives support from any
Other
other mainstream service delivery system, the NDIA
considerations expects that the participant ensures NDIS funding is
not used to fund support(s) of the kind funded by that
other mainstream service delivery system.
4
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Funding for general support to maintain an eating
Burchell and National
plan, as well as thickened fluids and nutritional
Disability Insurance
supplements constitutes a reasonable and necessary
Agency [2019] AATA
support. The AAT set aside the decision under review. 1256
Previous
Additional funding for continence products was not a
matters that
reasonable and necessary support, as existing plan
may advise the funding for continence products remained unused.
NDIA position
Hoolachan and
In the absence of any evidence supporting the
National Disability
participant’s request for specialised shoes, the AAT
Insurance Agency
could not be satisfied that it would be reasonable or
[2019] AATA 4798
necessary for the NDIA to fund that support.
The AAT Affirmed the decision under review.
Document
admin
Assistant Director, Policy, Continuous Improvement
10 September 2024
Approved
Director, Continuous Improvement
10 September 2024
5
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DOCUMENT 7
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Case Management Guide
Disability Related Health Supports
Field
Category
Reference Documents
Title
Disability Related Health Supports
Purpose
This document is part of a suite of guidance
documents for Case Managers to use in formulating
their approach to managing individual matters before
the Administrative Review Tribunal (
ART).
This Guide applies nationally to the conduct of all
matters within the ART Case Management Branch.
What are
Disability-related health supports are health supports Disability-related health
disability-
which directly relate to the functional impact of a
supports
related health participant’s disability on their functional capacity.
How do we decide what
supports?
Disability-related health supports help the participant disability-related health
partake in their day-to-day life, become more
supports we fund? |
independent, and pursue their goals.
NDIS
Policy
The ART process is often seen as stressful and
statement
adversarial by participants and prospective
participants of the Scheme. The NDIA wil adopt a
participant-focused approach to resolving disputes
before the ART, and wil work directly with participants NDIA Dispute Resolution
and prospective participants to provide better and
Policy
earlier outcomes, where possible.
Appendix B to the
Legal
The role of the NDIA is to assist the ART in reaching
Services Directions 2017
the correct and preferable decision, including by
Sections 10 and 34(1)
assisting participants and prospective participants in
National Disability
reaching the best possible resolution by agreement.
Insurance Scheme Act
The NDIA wil fund all reasonable and necessary
2013
supports which meet all of the NDIS funding criteria.
Schedule 1 and 2
This means that the NDIA wil fund all disability
National Disability
related health supports which:
Insurance Scheme
• are NDIS supports;
(NDIS Supports)
• directly relate to a participant’s disability;
Transitional Rules 2024
• help increase a participant’s social and
What does NDIS fund? |
economic participation;
NDIS
• are effective and beneficial; and
• represent good value for money, in
comparison to other supports which the NDIA
may fund.
NDIA-ART CM-GDE-021-FINAL
OFFICIAL
Page 1 of 5
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Case Management Guide
Disability Related Health Supports
Field
Category
Reference Documents
Common
Dysphagia supports
disability-
• low-cost assistive technology (equipment or
related health
devices to help a participant eat and drink)
Dysphagia supports |
supports the
NDIS
NDIA is able
• thickener products
to fund
• help to prepare specific foods
Nutrition supports
• a support worker
including meal
• a speech pathologist, to make and implement preparation | NDIS
a mealtime management plan and train
support workers, family and/or carers
Diabetes management
supports | NDIS
Nutrition supports
Continence Supports |
• a dietitian, to create a disability-related meal
NDIS
plan for a participant
Wound and Pressure
• support to help follow that meal plan
Care Supports | NDIS
• Home Enteral Nutrition (
HEN) and
Percutaneous Endoscopic Gastrostomy
Podiatry and foot care
(
PEG) equipment
supports | NDIS
• other products which may help a participant
Epilepsy Supports |
eat safely, and acquire the nutrition they need NDIS
(such as food thickeners)
• support to manage HEN and PEG strategies Assistive technology |
NDIS
Diabetes management supports
What if you need
• a nurse or otherwise qualified person to
someone with training to
create a disability-related diabetes
provide the support you
management plan
need? | NDIS
• support to fol ow that management plan
NDIS Practice
• a support worker, to monitor glucose levels
Standards: High
and administer insulin or other medication
intensity support skil s
• training for support workers
descriptors
• a nurse or otherwise qualified person to
monitor glucose levels and administer insulin
Knowledge Article -
or other medication (for participants with
Understand disability-
unstable diabetes, and/or complex disability
related health supports –
support needs)
capacity building
• assistive technology to help manage diabetes, supports
which a participant is otherwise unable to
acquire through the healthcare system
NDIA-ART CM-GDE-021-FINAL
OFFICIAL
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Case Management Guide
Disability Related Health Supports
Continence supports
• pads and/or nappies
• bedding and/or chair protection
• liners or shields
• anal plugs
• collection bags
• bottles
• straps or tape
• training for support workers or other supports
to assist a participant with bodily functions
and hygiene
• continence assessment(s)
• a bed wetting alarm
Wound and pressure care supports
• a registered/clinical nurse/clinical nurse
consultant to develop a chronic wound
management plan or pressure care plan
• a support worker, enrolled/registered/clinical
nurse to help implement that management
plan
• training for a support worker or other supports
to help implement the wound and pressure
management plan
• wound care items (gauze, bandages, dressing
and tape)
• items to prevent wounds (including pressure
relief cushions, moisturiser, barrier creams
and non-PH washes)
• support to manage lymphoedema, either by a
trained support worker, or by a qualified
lymphoedema practitioner.
Podiatry supports
• an initial consultation and assessment by a
podiatrist, including the development of a
podiatry care plan
• regular re-assessment(s) during a care plan
• appointments with a podiatrist to assist with
overall foot care and foot health
• a support worker to be trained in foot care
tasks that do not require the care of a
professional.
NDIA-ART CM-GDE-021-FINAL
OFFICIAL
Page 3 of 5
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Case Management Guide
Disability Related Health Supports
Field
Category
Reference Documents
• assistive technology (orthoses, medical
grade/custom footwear, as well as
maintenance and repair)
Epilepsy supports
• funding and training for a support worker to
follow an epilepsy management plan
• a High Intensity support worker to monitor
seizures and provide support during and after
a seizure, by following the epilepsy
management plan and epilepsy emergency
medication plan
• assistive technology (such as alarms or
seizure monitors)
• support coordination
Please note, in relation to the above, training may
include Registered Nurse Delegation and Supervision
of Care (DSOC) for Standard or High Intensity
support skil s
Approach to
How do we work out
ART matters
The NDIA wil fund all reasonable and necessary
disability-related health supports which are NDIS
who should fund or
supports, most appropriately funded by the NDIS.
provide your supports? |
NDIS
Evidence
The NDIA must first consider whether a particular
recommended support would be more appropriately funded by the
NDIS or any other mainstream service system.
The nature and level of evidence then required to
inform the NDIA position wil depend on the particular
disability and support in question.
Persons Giving Expert
For example, funding for:
and Opinion Evidence
Guideline |
• dysphagia supports – wil be informed by
Administrative Appeals
evidence provided by a speech pathologist
Tribunal
• nutrition supports – wil be informed by
evidence provided by a dietitian, or other
suitably qualified health professional
• continence supports – wil be informed by
evidence provided by a continence nurse, or
other suitably qualified health professional
NDIA-ART CM-GDE-021-FINAL
OFFICIAL
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Case Management Guide
Disability Related Health Supports
Field
Category
Reference Documents
• diabetes management supports, wound and
pressure care supports, podiatry supports,
and epilepsy supports – wil be informed by
evidence provided by a suitably qualified
health professional
Matters concerning the provision of disability-related
health supports wil turn on the facts of each
particular case, and the evidence available. The NDIA
wil seek to ensure the best possible evidence is
made available to help guide the ART towards the
best possible outcome for the participant.
Other
Where a Participant also receives support from any
considerations other mainstream service delivery system, the NDIA
expects that the Participant ensures NDIS funding is
not used to fund support/s of the kind funded by that
other mainstream service delivery system.
Previous
Funding for general support to maintain an eating
relevant
plan, as well as thickened fluids and nutritional
Burchell and National
decisions
supplements constitutes a reasonable and necessary
Disability Insurance
support. The AAT set aside the decision under
Agency [2019] AATA
review.
1256
Additional funding for continence products was not a
reasonable and necessary support, as existing plan
funding for continence products remained unused.
Hoolachan and National
In the absence of any evidence supporting the
Disability Insurance
participant’s request for specialised shoes, the AAT
Agency [2019] AATA
could not be satisfied that it would be reasonable or
4798
necessary for the NDIA to fund that support.
The AAT Affirmed the decision under review.
Document Control
Responsible Person
Date
Document author
Continuous Improvement
November 2024
Document approver
Director, Continuous Improvement
20 November 2024
NDIA-ART CM-GDE-021-FINAL
OFFICIAL
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DOCUMENT 8
AAT Case Management Guide
Access to the NDIS
OFFICIAL For Internal Use Only
Field
Content
Reference Documents
Title
Access to the NDIS
This document is part of a suite of guidance
Purpose
documents for case managers to use in formulating
their approach to managing individual cases before
the Administrative Appeals Tribunal (
AAT).
This Guide outlines the eligibility requirements which
all prospective participants seeking access to the
Scope
Scheme are required to meet.
This Guide applies national y to the conduct of al
matters within the AAT Case Management Branch.
Escalation to
If a matter is within the parameters of this
Hearing
document, the AAT Case Management Branch
Oversight
Manager may approve proceeding to hearing. Where
Committee
there is substantial risk or the matter is outside the
(
HOC)
parameters of this document, the matter should be
referred to HOC.
The AAT process is often seen as stressful and
adversarial by prospective participants and our focus NDIA Dispute Resolution
should be on resolving issues as practicably and
Policy
quickly as possible. The role of the NDIA is to assist
the AAT and the prospective participant in reaching
Appendix B to the
Legal
the most appropriate resolution for the prospective
Services Directions 2017
participant by agreement.
A person is eligible for access to the Scheme if they
Current
Operational Guideline –
meet the criteria in ss 21–25 of the
NDIS Act 2013.
National
Applying to the NDIS
Within the context of an AAT proceeding, the
Disability
primary issue before the Tribunal wil usual y be
Sections 21–25 of the
Insurance
whether the prospective participant meets either:
National Disability
Agency (
NDIA)
Insurance Scheme Act
policy on the
•
Disability Requirements in section 24
2013
subject
When this is the case, the issues for
Rules 5, 6 and 7 of the
determination by the AAT are whether:
National Disability
o the prospective participant has a disability
Insurance Scheme
which is attributable to an impairment;
(Becoming a Participant)
o the impairment is likely to be permanent;
Rules 2016
o the impairment substantial y reduces the
Do you meet the
prospective participant’s functional capacity; disability requirements?
o the impairment affects their ability to work,
study or take part in their social life; and
1
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Access to the NDIS
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o the prospective participant is likely to need
Does your impairment
the support of the Scheme for their lifetime. substantial y reduce your
•
Early Intervention Requirements in section 25
functional capacity?
When this is the case, the issues for
Does your impairment
determination by the AAT are whether:
affect your social, work
or study life?
o the prospective participant has an
impairment which is likely to be permanent; Do you need early
o early intervention supports are likely to
intervention?
benefit the prospective participant and
reduce their need for future supports; and
o the early intervention needed is most
appropriately funded through the NDIS.
Disability Requirements in section 24
Section 24(1)(a) will be met where there is evidence
that a prospective participant has a
disability, which
can be attributed to one or more impairments.
A person has a
disability if they have a reduction or
loss of an ability to perform an activity, or a reduced
capacity to carry out daily life activities and tasks.
Section 24 of the
An
impairment can be intellectual, cognitive,
National Disability
neurological, sensory, psychological or physical.
Insurance Scheme Act
2013
It is possible for a person to have a permanent
impairment, without necessarily having a disability.
Rule 5 of the
National
Diabetes and epilepsy are common examples.
Disability Insurance
NDIA Posture However, diabetes may lead to a disability if there
Scheme (Becoming a
in relation to
has been an amputation or peripheral neuropathy,
Participant) Rules 2016
this subject
and epilepsy may lead to a disability if there is a
List A: Conditions that
cognitive deficit or acquired brain injury resulting
are likely to meet the
from frequent or sever seizures.
disability requirements
Note: The role of Case Managers and the AAT is to List B: Conditions that
consider whether the evidence confirms an
are likely to result in a
impairment to which a disability can be
permanent impairment
attributed, even if that impairment is not the
claimed diagnosis.
Section 24(1)(b) will be met where there is evidence
that the impairment
is, or is likely to be, permanent.
When considering the likely permanence of an
impairment, it is necessary to assess the
availability
and suitability of evidence-based treatment options.
2
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An impairment is only likely to be permanent where
there are no other known, available and appropriate
treatment options likely to remedy the impairment
(rule 5.4) – even if the impact of the impairment may
fluctuate, or improve over time (rule 5.5). Further,
some impairments require medical treatment and
review before a determination can be made as to
whether they are likely to be permanent (rule 5.6).
Degenerative impairments are also likely to be
permanent if treatment options are, or are unlikely
to, improve the impairment (rule 5.7).
A mere assertion that an impairment is likely to be
permanent is insufficient. Case Managers should
seek specific and detailed evidence concerning the
suitability and availability of treatment options and,
where necessary, seek technical advice from the
Technical Advisory Branch (
TAB).
Note: Non-compliance with treatment (such as not
taking medication) is fairly common among
prospective participants with psychosocial
impairment. This alone is generally an
insufficient basis upon which to conclude
that treatment options are inappropriate or
unavailable.
Section 24(1)(c) will be met where there is evidence
that the impairment
substantially reduces functional
capacity in one or more of the fol owing activities
(each comprising a number of tasks):
o communicating;
o socialising;
o learning;
o mobility;
o self-care; and/or
o self-management.
A prospective participant’s functional capacity is
substantially reduced if they are unable to
participant
effectively or completely in the activity –
with or without assistive technology, equipment
(excluding commonly used items such as glasses),
home modifications, or the help of another person.
Case Managers should closely consider the following:
3
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Access to the NDIS
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o Is a current (within the last 12 months)
functional capacity assessment available?
o What does the person need assistance to
complete? How often is assistance needed?
o Is the length of time it takes a person to
complete an activity unreasonable?
o Is there a substantial reduction in functional
capacity in between episodic impairments?
o What does a typical day look like, and what
can be achieved with additional support?
o Is the support imperative, or merely
beneficial (for example, house cleaning)?
o Is the evidence self-reported, or subject to
formal observation and assessment?
Section 24(1)(d) will generally be met, unless there is
clear evidence that the prospective participant has
full time employment and a broad social network.
It is unlikely that a matter before the AAT will turn on
the questions raised by section 24(1)(d).
Section 24(1)(e) – which requires that that the
person is likely to require
lifelong support – cannot
be met unless
sections 24(1)(b) and (c) are also met.
Section 24(1)(e) also requires consideration as to
whether the support needed is most appropriately
funded by the NDIS.
Where a prospective participant does not meet the
disability requirements in section 24 – and in
particular, section 24(1)(e) – consideration should
turn to whether that person meets the early
intervention requirements in section 25.
Early Assessment Requirements in section 25
Section 25 of the
Section 25(1)(a) will be met where there is evidence
National Disability
that a prospective participant has one or more
Insurance Scheme Act
NDIA Posture
impairments which are likely to be permanent.
2013
in relation to
this subject
An
impairment can be intellectual, cognitive,
Rule 6 of the
National
neurological, sensory, psychological or physical.
Disability Insurance
Scheme (Becoming a
When considering the likely permanence of an
Participant) Rules 2016
impairment, it is necessary to assess the
availability
and suitability of evidence-based treatment options.
4
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Access to the NDIS
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An impairment is only likely to be permanent where List B: Conditions that
there are no other known, available and appropriate are likely to result in a
treatment options likely to remedy the impairment
permanent impairment
(rule 6.4) – even if the impact of the impairment may
fluctuate, or improve over time (rule 6.5). Further,
some impairments require medical treatment and
review before a determination can be made as to
whether they are likely to be permanent (rule 6.6).
Degenerative impairments are also likely to be
permanent if treatment options are, or are unlikely
to, improve the impairment (rule 6.7).
A mere assertion that an impairment is likely to be
permanent is insufficient. Case Managers should
seek specific and detailed evidence concerning the
suitability and availability of treatment options and,
where necessary, seek technical advice from the
Technical Advisory Branch (
TAB).
Note: Non-compliance with treatment (such as not
taking medication) is fairly common among
prospective participants with psychosocial
impairment. This alone is generally an
insufficient basis upon which to conclude
that treatment options are inappropriate or
unavailable.
Section 25(1)(b) will be met where there is evidence
that the provision of early intervention supports is
likely to
reduce the need for future supports.
Section 25(1)(c) will be met where there is evidence
that the provision of early intervention supports wil
benefit the prospective participant by:
o
mitigating the impact of their impairment
on their functional capacity; or
o
improve or prevent the deterioration of their
functional capacity; or
o strengthen the
sustainability of informal
supports available to the person.
Section 25(3) will be met where the early
intervention support needed is most appropriately
funded or provided the NDIS, and not through any
other system of service delivery or support offered:
o as part of a universal service obligation; or
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o in accordance with reasonable adjustments
required under a law dealing with
discrimination on the basis of disability.
To consider a prospective participant’s eligibility to
access the Scheme, the NDIA requires recent
Providing evidence of
Evidence
evidence from a health care professional which
your disability
recommended confirms a prospective participant’s disability, its
Types of disability
to inform
impacts on their functional capacity, previous
evidence | NDIS
NDIA position treatments, and outcomes, as wel as future
in a specific
treatment options and expected outcomes.
How do we weigh
matter before A table of the preferred tools when indicating the
evidence of disability?
the
severity of a participant’s impairment is contained at Persons Giving Expert
Administrative
Annexure A – Severity Indicator: Preferred Tools.
and Opinion Evidence
Appeals
It is important that the professional giving evidence
Guideline |
Tribunal (
AAT) is the most appropriate person to provide that
Administrative Appeals
evidence, and that they have treated the prospective Tribunal
participant for a significant period of time.
There is not a blanket ‘yes’ or ‘no’ response to the
question of whether individuals with
chronic health
AAT Case Management
conditions should be permitted access to the
Guide: Access for Chronic
Other
Scheme. It is important that each matter is
Health Conditions
considerations determined on its own merit, based on the available
evidence. The response will primarily rely on
Do you meet the
whether the Scheme is the most appropriate system disability requirements?
to fund an individual’s disability support needs.
The
availability and suitability of other treatment
options is wholly dependent on a prospective
participant’s individual circumstances.
An impairment is only likely to be permanent where
there are no other known, available
and appropriate
Previous
treatment options likely to remedy the impairment
matters that
(rules 5.4 and 6.4). Relevantly, the Federal Court
may advise
clarified that a treatment option is:
NDIA v Davis
the NDIA
[2022] FCA 1002
o
known, if it can be identified by an
position
Australian medical practitioner as a potential
treatment for a particular impairment; and
o
appropriate,
if it has the capacity to remedy
the impairment, and it would be suitable for
a particular prospective participant; and
o
available, if it is available and accessible to a
particular prospective participant
6
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(accounting for potential personal, financial
and geographical limitations).
When considering whether a prospective
participant’s
functional capacity is substantially
reduced, a decision-maker is required to make a
‘functional, practical assessment of what a person
NDIA v Foster
can and cannot do’. ‘Undertaking a task… differently [2023] FCAFC 11
to others will not necessarily mean a person cannot
participant effectively or completely in an activity’.
Document
admin
Quality, Reporting, Strategy and Training
5 July 2023
Approved
Branch Manager, AAT Case Management
7
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Annexure A – Severity Indicator: Preferred Tools
Primary Disability
Severity Indicator (by order of preference)
Acquired Brain Injury
1. Care and Need Scale (
CANS) (aged 17 years and over)
2. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
3.
PEDI-CAT (16 years and under)
Autism
1. Diagnostic and Statistical Manual of Mental Disorders,
fifth edition (
DSM-V)
2. Vineland Adaptive Behavioural Scale (
Vineland-II)
3. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
4.
PEDI-CAT (16 years and under)
Cerebral Palsy
1. Gross Motor Functional Classification Scale (
GMFCS)
2. Manual Ability Classification Scale (
MACS)
3. Communication Function Classification System (
CFCS)
Hearing Impairment
1. Hearing Impairment Responses and Groupings Guide
(aged 17 years and over)
2.
PEDI-CAT (aged 16 years and under)
3. Hearing Acuity Score
Intellectual Disability (including
1. Diagnostic and Statistical Manual of Mental Disorders,
Developmental Delay and Down
fifth edition (
DSM-V)
Syndrome)
2. Vineland Adaptive Behavioural Scale (
Vineland-II)
3. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
4.
PEDI-CAT (16 years and under)
Multiple Sclerosis
1. Disease Steps
2. Patient Determined Disease Steps (
PDDS)
3. Expanded Disability Status Scale (
EDSS)
Psychosocial Disability
1. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
2.
PEDI-CAT (16 years and under)
3. Health of the Nation Survey (
HONOS)
4. Life Skills Profile – 16 Item (
LSP-16)
Spinal Cord Injury
1. Level of Lesion to indicate where on the spine the injury
has occurred –
and – American Spinal Injury Association
Impairment Scale (
ASIA/AIS) to measure the
completeness of the injury
8
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2. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
3.
PEDI-CAT (16 years and under)
Stroke
1. Modified Rankin Scale (
mRS)
Vision Impairment
1. Vision Impairment Questionnaire (aged 17 years and
older) or
PEDI-CAT (aged 16 years and under)
2. Visual Acuity Rating
Other
1. World Health Organisation Disability Assessment
Schedule (
WHODAS) 2.0 (aged 17 years and over)
2.
PEDI-CAT (16 years and under)
9
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Case Management Guide
Access to the NDIS
Field
Category
Reference Documents
Title
Access to the NDIS
Purpose
This document is part of a suite of guidance
documents for Case Managers to use in formulating
their approach to managing individual matters before
the Administrative Review Tribunal (
ART).
This Guide applies nationally to the conduct of all
matters within the Administrative Review Branch.
Scope
This Guide outlines the eligibility requirements which
all prospective participants seeking access to the
Scheme are required to meet.
This Guide applies nationally to the conduct of all
matters within the Administrative Review Tribunal
Case Management Branch.
NDIA policy
The ART process is often seen as stressful and
NDIA Dispute Resolution
on this subject adversarial by participants and prospective
Policy
participants of the Scheme. The NDIA wil adopt a
Appendix B to the
Legal
participant-focused approach to resolving disputes
Services Directions 2017
before the ART, and wil work directly with participants
and prospective participants to provide better and
Operational Guideline –
earlier outcomes, where possible.
Applying to the NDIS
The role of the NDIA is to assist the ART in reaching
Sections 21–25 of the
the correct and preferable decision, including by
National Disability
assisting participants and prospective participants in
Insurance Scheme Act
reaching the best possible resolution by agreement.
2013
A person is eligible for access to the Scheme if they
Rules 5, 6 and 7 of the
meet the criteria in sections 21–25 of the
NDIS Act
National Disability
2013. Within the context of an ART proceeding, the
Insurance Scheme
primary issue before the Tribunal wil usually be
(Becoming a Participant)
whether the prospective participant meets section 24
Rules 2016
and/or section 25:
Do you meet the
Disability Requirements in section 24
disability requirements?
When this is the case, the issues for
Does your impairment
determination by the ART are whether:
substantial y reduce your
functional capacity?
o the prospective participant has a disability
which is attributable to an impairment;
o the impairment is likely to be permanent;
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o the impairment substantially reduces the
Does your impairment
prospective participant’s functional capacity;
affect your social, work
o the impairment affects their ability to work,
or study life?
study or take part in their social life; and
Do you need early
o the prospective participant is likely to need
intervention?
NDIS supports for their lifetime.
Early Intervention Requirements in section 25
When this is the case, the issues for
determination by the ART are whether:
o the prospective participant has an impairment
which is likely to be permanent;
o early intervention supports are likely to benefit
the prospective participant and reduce their
need for future supports; and
o the early intervention needed is an NDIS
support
NDIA posture
Section 24(1)(a) wil be met where there is evidence
in relation to
that a prospective participant has a
disability, which
Section 24
can be attributed to one or more impairments.
Disability
A person has a
disability if they have a reduction or
Section 24 of the
Requirements loss of an ability to perform an activity, or a reduced
National Disability
capacity to carry out daily life activities and tasks.
Insurance Scheme Act
An
impairment can be intellectual, cognitive,
2013
neurological, sensory, psychological or physical.
Rule 5 of the
National
A diagnosis or condition is not an impairment.
Disability Insurance
Scheme (Becoming a
It is possible for a person to have an impairment,
Participant) Rules 2016
without necessarily having a disability. Diabetes and
epilepsy are common examples. However, these
List A: Conditions that
conditions may lead to disabilities due to the
are likely to meet the
secondary consequences. eg a physical impairment
disability requirements
from an amputation resulting from diabetes.
List B: Conditions that
Note: The role of Case Managers and the ART is to are likely to result in a
consider whether the evidence confirms an
permanent impairment
impairment to which a disability can be
attributed, even if that impairment is not the
claimed diagnosis.
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Section 24(1)(b) wil be met where there is evidence
that the impairment
is, or is likely to be, permanent.
When considering the likely permanence of an
impairment, it is necessary to assess whether all
available and appropriate treatment options have
been engaged for the impairments.
Permanency could be defined by any of the following
scenarios:
- An impairment is only likely to be permanent
where there are no other known, available
and appropriate treatment options likely to
remedy the impairment (rule 5.4)
- Even if the impact of the impairment may
fluctuate or improve over time (rule 5.5).
- Some impairments require medical treatment
and review before a determination can be
made as to whether they are likely to be
permanent (rule 5.6).
- Degenerative impairments are also likely to
be permanent if treatment options are, or are
unlikely to, improve the impairment (rule 5.7).
A statement that an impairment is likely to be
permanent is insufficient to meet the threshold for this
criteria. Case Managers should seek specific and
detailed evidence concerning the engagement in
treatments, the outcomes achieved and any
anticipated outcomes from future treatment to assist
in determining whether there are available and
appropriate treatments that are likely to remedy the
impairment. Where necessary, Case Managers
should seek technical advice from the Technical
Advisory and Practice Improvement Branch (
TAPIB).
Note: Non-compliance with treatment (such as not
taking medication) is fairly common among
prospective participants with psychosocial
impairment. This alone is generally an
insufficient basis upon which to conclude
that treatment options are inappropriate or
unavailable.
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Non-compliance can have multiple underlying
factors, this may represent a need for clinical
interpretation from TAPIB. Non-compliance
can be a complex part of many disability
presentations and consideration of the
treating team’s attempts to explore barriers to
engagement with treatment may need to be
considered.
It is important to distinguish between the permanency
of a condition and the permanency of the
impairments.
Section 24(1)(c) wil be met where there is evidence
that the permanent impairment/s
substantially
reduces functional capacity in one or more of the
following activities (each comprising a number of
tasks):
o communicating;
o socialising;
o learning;
o mobility;
o self-care; and/or
o self-management.
A prospective participant’s functional capacity is
substantial y reduced if they are unable to participate
effectively or completely in the activity – with or
without assistive technology, equipment (excluding
commonly used items such as glasses), home
modifications, or the help of another person.
Case Managers should closely consider the
following:
o Is there current functional information
available? This could include a functional
capacity assessment from the last 12
months.
o What does the person need assistance to
complete? How often is assistance needed?
o Is the length of time it takes a person to
complete an activity unreasonable?
o Is there a substantial reduction in functional
capacity in between episodic impairments?
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o What does a typical day look like, and what
can be achieved with additional support?
o Is the support imperative, or merely beneficial
(for example, house cleaning)?
o Is the evidence self-reported, or subject to
formal observation and assessment?
o An assessment of which impairments meet
the Substantially Reduced Functional
Capacity (SRFC) threshold is important. Not
all impairments may meet SRFC (but often
impairments may interact and cumulatively
meet the SRFC threshold).
A case manager should familiarise themselves with
the definition of each domain. It is not uncommon for
a person with mobility concerns to describe SRFC in
the domain of social interaction, because they are not
able to physically attend to social functions. The
domain of social interaction speaks to the ability to
form and maintain social interactions and not the
ability to socialise in the community. In this example,
the reduced function in socialising is related to the
domain of mobility.
Section 24(1)(d) wil generally be met, unless there
is clear evidence that the prospective participant has
full time employment and a broad social network.
It is unlikely that a matter before the ART wil turn on
the questions raised by section 24(1)(d).
Section 24(1)(e) – which requires that that the
person is likely to require
lifelong support – cannot
be met unless
sections 24(1)(b) and (c) are also
met. Section 24(1)(e) also requires consideration as
to whether the support needed is an NDIS support.
If a permanent impairment is evidenced as per 24 (1)
(b), a case manager should consider section 25
requirements.
NDIA posture
Section 25 of the
in relation to
Section 25(1)(a) wil be met where there is evidence
National Disability
Section 25
that a prospective participant has one or more
Insurance Scheme Act
Early
impairments which are likely to be permanent.
2013
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Assessment
An
impairment can be intellectual, cognitive,
Rule 6 of the
National
Requirements neurological, sensory, or physical. Or a permanent
Disability Insurance
psychosocial disability attributable to a permanent
Scheme (Becoming a
impairment or is a child who has developmental delay
Participant) Rules 2016 When considering the likely permanence of an
List B: Conditions that
impairment, it is necessary to assess the
availability are likely to result in a
and suitability of evidence-based treatment
permanent impairment
options.
- An impairment is only likely to be permanent
where there are no other known, available
and appropriate treatment options likely to
remedy the impairment (rule 6.4)
- even if the impact of the impairment may
fluctuate, or improve over time (rule 6.5).
- Further, some impairments require medical
treatment and review before a determination
can be made as to whether they are likely to
be permanent (rule 6.6).
- Degenerative impairments are also likely to
be permanent if treatment options are, or are
unlikely to, improve the impairment (rule 6.7).
A statement that an impairment is likely to be
permanent is insufficient to meet the threshold for this
criteria. Case Managers should seek specific and
detailed evidence concerning the engagement in
treatments, the outcomes achieved and any
anticipated outcomes from future treatment to assist
in determining whether there are available and
appropriate treatments that are likely to remedy the
impairment. Where necessary, Case Managers
should seek technical advice from the Technical
Advisory and Practice Improvement Branch (
TAPIB).
Note: Non-compliance with treatment (such as not
taking medication) is fairly common among
prospective participants with psychosocial
impairment. This alone is generally an
insufficient basis upon which to conclude
that treatment options are inappropriate or
unavailable.
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Section 25(1)(b) wil be met where there is evidence
that the provision of early intervention supports is
likely to
reduce the need for future supports.
Early in the impairment
trajectory (Early
Intervention does not necessitate being in close
proximity to the diagnosis). Evidence supporting a likely reduction in future
support needs.
In line with literature and clinical consensus
supporting the likely benefit of this.
Section 25(1)(c) wil be met where there is evidence
that the provision of early intervention supports wil
benefit the prospective participant by:
o
mitigating the impact of their impairment on
their functional capacity; or
o
improve or prevent the deterioration of
their functional capacity; or
o strengthen the
sustainability of informal
supports available to the person
Section 25(3) wil be met where the early
intervention support needed is most appropriately
funded or provided the NDIS, and not through any
other system of service delivery or support offered:
o as part of a universal service obligation; or
in accordance with reasonable adjustments required
under a law dealing with discrimination on the basis
of disability.
Evidence
To consider a prospective participant’s eligibility to
Providing evidence of
recommended access the Scheme, the NDIA requires recent
your disability
to inform
evidence from a relevant health care professional
NDIA position which confirms a prospective participant’s disability,
Types of disability
in a matter
its impacts on their functional capacity, previous
evidence | NDIS
before the
treatments, and outcomes, as well as future
How do we weigh
ART
treatment options and expected outcomes.
evidence of disability?
Case Managers are to be aware that while the while
Persons Giving Expert
they are preferred tools to describe severity, some of and Opinion Evidence
the tools are subjective measures and corroboration
Guideline |
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with objective measurements and/or functional
Administrative Appeals
assessment or observations would be preferred to
Tribunal
assess SRFC.
It is important that the professional giving evidence is
the most appropriate person to provide that evidence,
and that they have treated the prospective participant
for a significant period of time.
When considering permanency, a medical specialist
may be best placed to comment. When considering
functional capacity, an allied health professional may
be more appropriate.
Other
There is not a blanket ‘yes’ or ‘no’ response to the
considerations question of whether individuals with
chronic health
conditions should be permitted access to the
Case Management
Scheme. For disability supports to be consider the
Guide: Access for
evidence needs to support that there is an associated Chronic Health
disability attributable to permanent impairments from Conditions
the chronic health conditions.
Do you meet the
It is mandatory to seek TAPIB advice, where the
disability requirements?
condition being considered for access is related to a
chronic health condition.
Previous
The
availability and suitability of other treatment
matters that
options is wholly dependent on a prospective
may inform
participant’s individual circumstances.
the NDIA
An impairment is only likely to be permanent where
position
there are no other known, available
and appropriate
treatment options likely to remedy the impairment
(rules 5.4 and 6.4). Relevantly, the Federal Court
clarified that a treatment option is:
NDIA v Davis
o
known, if it can be identified by an Australian [2022] FCA 1002
medical practitioner as a potential treatment
for a particular impairment; and
o
appropriate,
if it has the capacity to remedy
the impairment, and it would be suitable for a
particular prospective participant; and
available, if it is available and accessible to a
particular prospective participant (accounting for
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potential personal, financial and geographical
limitations).
When considering whether a prospective participant’s
functional capacity is substantially reduced, a
decision-maker is required to make a ‘functional,
practical assessment of what a person
can and
NDIA v Foster
[2023] FCAFC 11
cannot do’. ‘Undertaking a task… differently to
others wil not necessarily mean a person cannot
participate effectively or completely in an activity’.
Document Control
Responsible Person
Date
Document author
Continuous Improvement
October 2024
Document approver
Director, Continuous Improvement
28 October 2024
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