Understand disability requirements

SGP KP Publishing

Exported on 2025-01-20 00:03:46

Page 9 of 208

Table of Contents

1 Recent updates …………………………………………………………………………………………………….. 4 2 Before you start …………………………………………………………………………………………………….. 5 3 Overview ………………………………………………………………………………………………………………. 6 4 Disability requirements …………………………………………………………………………………………. 7 * 4.1 Check eligibility for disability requirements ………………………………………………………………. 7 * 4.2 Additional considerations ………………………………………………………………………………………. 7 5 How to weigh evidence of disability ………………………………………………………………………. 8 6 Next steps …………………………………………………………………………………………………………….. 9

SGP KP Publishing – Understand disability requirements

This article provides guidance for all NDIA staff and partners to understand:

• eligibility under the disability requirements
• how to weigh evidence of disability.

Recent updates – 3 Page 11 of 208

Recent updates

3 October 2024

Updates to reflect legislation changes from 3 October 2024:

• applicants may now meet both disability and early intervention requirements, instead of just one
• the disability requirement has changed from lifetime supports under the NDIS to NDIS supports for their lifetime.

Recent updates – 4 Page 12 of 208

2 Before you start

You have:

• read and understood Our Guideline – Applying to the NDIS (external), including section Do you meet the disability requirements?
• read article What evidence of disability is required?
• read article Check eligibility – age and residence requirements.

3 Overview

To be eligible for NDIS, the person must meet the requirements for:

• age
• residence
• disability, early intervention, or both.

Disability requirements

To meet the disability requirements, we must have evidence of all of the following:

• their disability is related to an impairment
• their impairment is likely to be permanent
• their permanent impairment significantly reduces their functional capacity to undertake one or more of the following activities: moving around, communicating, socialising, learning, or undertaking self-care or self-management tasks
• their permanent impairment affects their ability to work, study or take part in social life
• they’ll likely need NDIS support for their lifetime.

Check eligibility for disability requirements

Use these articles to check evidence for a decision:

• Check eligibility – DIS – disability caused by an impairment
• Check eligibility – DIS – likely permanence
• Check eligibility – DIS – significant functional impact
• Check eligibility – DIS – social and economic impact
• Check eligibility – DIS – NDIS supports for life.

Additional considerations

Use these articles before you check evidence for a decision.

Check if there is evidence of a condition on List A. Go to Check eligibility – List A condition. Note: A person is likely to meet the disability requirements if they provide evidence of their diagnosis.

Check if there is evidence of a condition on List B. Go to Check eligibility – List B condition. Note: A person is likely to meet some of the disability requirements if they provide evidence of their diagnosis.

5 How to weigh evidence of disability

When you weigh the relevance and importance of the provided disability evidence, consider: * who is providing the evidence of disability? * how old is the evidence of disability (particularly relevant for functional capacity evidence)? For further information, refer to Our Guideline – Applying to the NDIS (external), including sections: * What information do we need in your application? * Who can give us evidence of your impairments? * How do we weigh evidence of disability?

How to weigh evidence of disability – 8 Page 16 of 208

6 Next steps

To consider the early intervention requirements, go to article Understand early intervention requirements. If you are an access delegate:

• to make an access decision, continue to article Make an access decision – pre-legislation changes or Make an access decision – post legislation changes.
• to make an eligibility reassessment decision, continue to article Finalise eligibility reassessment decision.

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