Advice Support Tool
Theme: Determining if access criteria is met under Early Intervention
Sub-Theme(s): s25 of the NDIS Act 2013 — Early Intervention for Initial access, Internal reviews, and ongoing disability
References:
- NDIS Act 2013 s 25 Early intervention requirements
- National Disability Insurance Scheme (Becoming a Participant) Rules 2016
- Providing evidence of your disability | NDIS
- Types of disability evidence | NDIS
- The Applied Principles and Tables of Support to Determine Responsibilities NDIS and other service | Department of Social Services, Australian Government (dss.gov.au)
NOTE: The main difference between s24 and s 25 is s25 does not require the person to have a substantial reduction in functional capacity.
| Criteria for reasonable and necessary supports | Are criteria met? | Considerations (including evidence used) |
|---|---|---|
| (1) A person meets the early intervention requirements if: (a) the person: • (i) has one or more identified intellectual, cognitive, neurological, sensory, or physical impairments that are, or are likely to be, permanent; or • (ii) has one or more identified impairments that are attributable to a psychiatric condition and are, or are likely to be, permanent; or • (iii) is a child who has developmental delay; and |
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| Criteria for reasonable and necessary supports | Are criteria met? | Considerations (including evidence used) |
|---|---|---|
| that would be likely to remedy the impairment. |
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An impairment may be permanent notwithstanding that the severity of its impact the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person’s functional capacity may improve.
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An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).
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The functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person’s functional capacity may improve.
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An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its | | |
| Criteria for reasonable and necessary supports | Are criteria met? | Considerations (including evidence used) |
|---|---|---|
| permanency or likely permanency to be demonstrated (even though the impairment may continue |
- to be treated and reviewed after this has been demonstrated).
- If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.
- If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition. | | Providing evidence of your disability | NDIS | | (b) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person’s future needs for supports in relation to disability; and | Yes → No → | The main way in which the CEO can determine whether the provision of early intervention supports is likely to benefit the person in the ways set out in paragraphs 6.2(b) and (c) above is to consider evidence going to those matters, as indicated in paragraph 6.9 below. (c) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by:
- (i) mitigating or alleviating the impact of the person’s impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, | Yes → No → | In deciding whether provision of early intervention supports is likely to benefit the person in the ways mentioned in paragraphs 6.2(b) and (c) above, it is expected that the CEO would consider: (a) the likely trajectory and impact of the person’s |
Criteria for reasonable and necessary supports
| Criteria for reasonable and necessary supports | Are criteria met? | Considerations (including evidence used) |
|---|---|---|
| selfcare or self-management; or (ii) preventing the deterioration of such functional capacity; or (iii) improving such functional capacity; or (iv) strengthening the sustainability of informal supports available to the person, including through building the capacity of the person’s carer. Note: In certain circumstances, a person with a degenerative condition could meet the early intervention requirements and therefore become a participant. |
(a) impairment over time; and (b) the potential benefits of early intervention on the impact of the impairment on the person’s functional capacity and in reducing their future needs for supports; and (c) evidence from a range of sources, such as information provided by the person with disability or their family members or carers. The CEO may also in some cases seek expert opinion. National Disability Insurance Scheme (Becoming a Participant) |
Version Control
| Version# | Status | Date | Modified by | Brief Description of Modification |
|---|---|---|---|---|
| V1.0 | Cleared | 31/08/2023 | JG0029 | Production of initial V1.0 |
| V1.0 | Cleared | 05/09/2023 | JIF775 | Transferred to Key Advisor Advice Resources repository |
Note: Document uncontrolled in hard copy