DISCLOSURE LOG - FOI 24/25-0764 DOCUMENT 1
ndis
Section 24(1)(c)
Scheme Eligibility Branch
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Acknowledgement of Country
Before we begin, I would like to acknowledge the Traditional Owners and Custodians of the Country on which we meet today, and their continuing connection to land, sea, and community. I pay my respects to their Elders, past present and emerging
I would like to extend that acknowledgement and respect to any Aboriginal and Torres Strait Islander peoples here today.
Facilitator notes:
State:
Before we begin, I would like to acknowledge the Traditional Owners and Custodians of the Country on which we meet today, and their continuing connection to land, sea, and community. I pay my respects to their Elders, past present and emerging.
I acknowledge that I am facilitating this training from the lands of the [insert name] people.
I would like to extend that acknowledgement and respect to any Aboriginal and Torres Strait Islander peoples here today.
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Learning outcomes
By the end of this session, you’ll:
- understand the term: substantial reduction in functional capacity
- be familiar with the six life activity domains
- understand how to consider functional capacity in adults and children
- be able to assess 24(1)(c) and determine if it is met.
ndis
Facilitator notes:
State:
By the end of this session, you’ll:
- understand the term: Substantial Reduction in Functional Capacity
- Be familiar with the six life activity domains
- understand how to assess functioning in adults and children
- be able to assess 24(1)(c) and determine if it is met using guidance from the NDIS Act 2013, Operational Guidelines and NDIS (Becoming A Participant) Rules 2016.
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NDIS Act 2013 and Section 24(1)c
Does your impairment substantially reduce your functional capacity?
The impairment or impairments result in a substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities: communication, social interaction, learning, mobility, self-care, self-management
Facilitator notes:
State: As defined in the NDIS Act, Section 24(1)(c) states: “The impairment or impairments result in a substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities: communication, social interaction, learning, mobility, self-care, self-management”
Simplified, this means that for this criterion we are assessing a person’s ability to complete activities in each of the six areas listed here. In this training session we’ll take a deeper look at how we can do that.
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Functional capacity
The ability to carry out tasks in a variety of everyday situations.
Facilitator notes:
State: Firstly, let’s understand what functional capacity means. Functional capacity is the ability to carry out tasks in a variety of everyday situations.
In our work, we will be looking at how a person’s regular functioning is impacted by their impairment. We will need to know what their capacity is to complete daily tasks independently and where they need more help.
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A substantial reduction in functional capacity
- Usually need disability-specific supports
- Disability-specific supports:
- a high level of support from other people
- assistive technology, equipment or home modifications
Facilitator notes:
State:
Our Guidelines tell us how to determine if an impairment substantially reduces a person’s functional capacity.
Generally, we will determine an impairment substantially reduces a person’s functional capacity if they usually need disability-specific supports to participate in any of the six listed activity areas.
Disability-specific supports include:
- a high level of support from other people, such as physical assistance, guidance, supervision or prompting.
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- assistive technology, equipment or home modifications that are prescribed by your doctor, allied health professional or other medical professional.
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Commonly used items
Use of commonly used items does not indicate a substantial reduction in functional capacity.
Consider if the item is:
- widely available and used by many people?
- prescribed?
- adapted or personalised?
Facilitator notes:
State:
The NDIS (Becoming A Participant) Rules tell us that assistive technology and special equipment does not include “Commonly used items” such as glasses.
When you are considering whether something might be a commonly used item or not, you can consider whether the item is:
- widely available and used by many people?
- prescribed for the person or purchased ‘off the shelf’?
- has it been adapted or personalised in any way for the person?
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Additional considerations
- Multiple permanent impairments are considered together
- Involvement in home, school, work and the community
- Ability over time, including ups and downs
Facilitator notes:
State:
The Our Guidelines also outline some additional considerations to take into account when considering functional capacity.
For example, if the applicant has more than one permanent impairment we will consider them together, to see if their functional capacity is substantially reduced.
We consider how the applicant is involved in different areas of life like home, school, work and the community, and how they carry out tasks and actions. We also consider any other factors that may impact their day-to-day life.
We also recognise that a person’s needs might go up and down each day or each month. Progressive Multiple
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Sclerosis (MS) can be a good example of this. We consider the applicant’s ability over time, taking into account their ups and downs.
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Activity areas
- Communicating
- Socialising
- Learning
- Mobility
- Self-care
- Self-management
Facilitator notes:
State: Now let’s take a look at the specific life areas that we assess for NDIS eligibility.
Before we do this, it is important to note that applicants only need to be experiencing a substantial loss of function in one or more areas for s24(1)(c) to be met.
We do however, need to assess that the person is experiencing reduced function in the whole or majority of the activity area and not just some tasks.
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Communicating
How you speak, write, or use sign language and gestures, to express yourself compared to other people your age.
We also look at how well you understand people, and how others understand you.
Facilitator notes:
State: Communicating. This is how you speak, write, or use sign language and gestures, to express yourself compared to other people your age. We also look at how well you understand people, and how others understand you.
Some examples of things we consider or ask about when looking at a person’s ability to communicate could be:
- Their ability to hear a conversation over the phone
- Their ability to speak or hear and be understood in a regular conversation or in a common situation such as in a café with background noise.
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Socialising
How you make and keep friends, or interact with the community, or how a young child plays with other children.
We also look at your behaviour, and how you cope with feelings and emotions in social situations
Facilitator notes:
State: Socialising. This is how you make and keep friends, or interact with the community, or how a young child plays with other children. We also look at your behaviour, and how you cope with feelings and emotions in social situations.
Some examples of things that indicate a person’s ability to socialize are:
- If they have a friend
- Can they leave their own house?
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Learning
How you learn, understand and remember new things, and practise and use new skills.
Facilitator notes:
State: Learning. How you learn, understand and remember new things, and practise and use new skills.
Some examples of things to consider in this area could be:
- If the person could learn how to make a new meal
- Can they remember their daily morning routine such as breakfast and getting dressed or do they need to be reminded of each step.
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Mobility
How easily you move around your home and community, and how you get in and out of bed or a chair.
We consider how you get out and about and use your arms or legs.
Facilitator notes:
State: Mobility, or moving around is how easily you move around your home and community, and how you get in and out of bed or a chair. We consider how you get out and about and use your arms or legs.
Some examples to consider in this area could be:
- How the person is moving around inside their house.
- How the person is moving around over larger distances outside their house.
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Self-care
Personal care, hygiene, grooming, eating and drinking, and health.
We consider how you get dressed, shower or bathe, eat or go to the toilet.
Facilitator notes:
State: Self-care. This includes: personal care, hygiene, grooming, eating and drinking, and health. We consider how you get dressed, shower or bathe, eat or go to the toilet.
Again, some examples in this area to consider could be:
- If the person can shower and clean themselves.
- Can they go to the toilet and wipe using toilet paper independently.
- Can the person eat and drink even if they did not prepare the meal.
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Self-management (if older than 6)
How you organise your life. We consider how you plan, make decisions, and look after yourself. This might include day-to-day tasks at home, how you solve problems, or manage your money.
We consider your mental or cognitive ability to manage your life, not your physical ability to do these tasks.
Facilitator notes:
State: Self-management (if older than 6) is how you organise your life. We consider how you plan, make decisions, and look after yourself. This might include day-to-day tasks at home, how you solve problems, or manage your money. We consider your mental or cognitive ability to manage your life, not your physical ability to do these tasks.
Some examples to consider for Self Management could include:
- If the person needs assistance travelling to or remembering information at medical appointments. Whether a person has a licence or not is not a part of this or any other activity domain.
- Can the person problem solve when something unexpected happens?
- Can the person manage their own money, understand the value or money and make purchases?
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Activity
- Paying the bills
- Speaking and hearing on the phone
- Toileting
- Washing hair
- Gardening
- Learning to catch a bus to a new location
- Getting in and out of bed
- Filling in paperwork
- Walking to the shop
- Contacting a tradesperson
- Cleaning the bathroom
Facilitator notes:
State: When you are assessing 24(1)c for real applications, it can sometimes be difficult to determine whether one whole domain is met or if a few different activity domains are only partly met. This is why it is so helpful to correctly understand what type of tasks each domain includes.
Let’s do an activity together now. I’ll read out a list of regular daily tasks and using the definitions for each activity area found in the Operational Guidelines, raise your hand when you think you know where the task belongs or if it doesn’t fit anywhere.
Direct learners to the Operational Guidelines and the page “Does your impairment substantially reduce your functional capacity”
Activity: Read out each task, give learners a chance to answer and then confirm if they are correct or not
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using the below answer and further discussion.
Ok let’s get started:
- Paying the bills. A: Self Management
- Speaking and hearing on the phone A: Communication
- Toileting A: Self Care
- Washing hair A: Self Care
- Gardening A: Does not fit one specific domain. We could ask more questions about the person’s ability in mobility and self care areas
- Learning to catch a bus to a new location A: Learning
- Getting in and out of bed A: Mobility
- Filling in paperwork A: Self Management
- Walking to the shop A: Mobility
- Contacting a tradesperson to fix a broken washing machine. A: Self Management
- Cleaning the bathroom A: Does not fit one specific domain. We could ask more questions about their ability in mobility, self care or self management depending on their impairment.
If a person is having difficulty with cleaning and gardening but can complete other activity tasks without assistance then they will not meet NDIS eligibility and we do not need to collect any additional information.
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Hearing impairments
Substantially reduced functional capacity if:
- your hearing loss is at least 65 decibels in your better ear based on a pure tone average of 500Hz, 1000Hz, 2000Hz and 4000Hz.
OR
- your hearing loss is less than 65 decibels in your better ear and:
- you also have another permanent impairment, such as a vision or cognitive impairment.
- your speech detection and speech discrimination outcomes are significantly poorer than expected.
Facilitator notes:
State: You may remember that we looked at hearing loss earlier in your training.
Some hearing impairments may lead to a substantially reduced functional capacity. We can assess if a hearing impairment results in substantially reduced functionality capacity by following Our Guidelines.
Our Guidelines tell us that:
We’ll generally decide you have a substantially reduced functional capacity if your hearing loss is at least 65 decibels in your better ear. This is based on a pure tone average of 500Hz, 1000Hz, 2000Hz and 4000Hz.
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We may also decide you have a substantially reduced functional capacity if your hearing loss is less than 65 decibels in your better ear. We may decide this if either:
- you also have another permanent impairment, such as a vision or cognitive impairment.
- you give us evidence your speech detection and speech discrimination outcomes are significantly poorer than expected.
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Assessing functional capacity in children
- we compare a child’s abilities with other children of the same age
- consider Early Intervention if-
- their function will be impacted in the future but isn’t now
- their function could improve after receiving supports
Facilitator notes:
State: The Operational Guidelines assists us to be able to assess applications for children as well and states:
To help us decide if a child’s ability is substantially reduced, we compare their abilities with other children of the same age.
If a child’s ability is much less than most other children the same age, they may meet the disability requirements. For example, if they:
*need assistive technology, equipment or home modifications to participate in daily activities — except for common items like glasses. *usually need more assistance to join activities, or they can’t join in.
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Sometimes when a child’s impairment doesn’t substantially reduce their ability right now, but might in the future, we will look at the early intervention requirements. Similarly, if a child’s impairment currently substantially reduces their ability, but may not after receiving supports, we will look at the early intervention requirements.”
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Key points
- A person has a substantial reduction in function if they require assistance from a person or require assistive technology
- Use of commonly used items does not indicate substantial reduction
- One or more activity domains must be substantially impacted to meet eligibility
Facilitator notes:
State:
- A person has a substantial reduction in function if they require assistance from a person or require assistive technology.
- Use of commonly used items does not indicate substantial reduction.
- One or more activity domains must be substantially impacted to meet eligibility
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Questions
Facilitator notes:
State: We’ve reached the end of our session on 24.1.c. Are there any questions about this topic?
(Facilitator to address learner questions then wrap up).
*End of presentation*
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Version control
| Version | Amended/Approved by | Brief Description of Change | Status | Date |
|---|---|---|---|---|
| v1.0 | CH0026 | CLASS 2 APPROVAL | APPROVED | 2023-12-15 |
Hidden Slide — Version Control
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