Technical Training — s24(1)(b) Presentation Guide

FOI 24/25-1472 DOCUMENT 10

The content of this document is OFFICIAL

Section 24(1)(b)
Presentation Slides	Technical Training -…
Transcript	redacted: s24(1)b presentati…
Case Studies	Case Study 1
redacted: s24.1.b

Case Study 2 redacted: s24.1.b

Case Study 3 redacted: s24.1.b | | Feedback Survey | Please email redacted: s22(1)(a)(ii) - irrelevant ndis.gov.au if you have any feedback | | Key Points | * The only blanket rule when it comes to Section 24(1)(b) is that if a person has a condition on List B of Our Guidelines, they will automatically meet Section 24(1)(a) and Section 24(1)(b)

• This is in line with Is your impairment likely to be permanent? of Our Guidelines which states: If you give us evidence you have been glod with a condition on List B, we’ll likely decide your disability is from an impairment that’s likely to be permanent.
• This means you only need to assess Section 24(1)(c) onwards
• It is good to look at the NDIS (Becoming a Participant) Rules 2016 when determining if someone meets Section 24(1)(b), this can also be helpful when making your Access Not Met phone calls to further explain the criteria. A summary of the Rules are below:
  • Section 5.4: The impairment is not permanent, or likely permanent if there are known, available and appropriate evidence-based clinical, medical or other treatments that would likely remedy the impairment
  • Section 5.5: An impairment can be permanent, or likely permanent if the person’s functional capacity fluctuates, at their baseline functioning, despite optimal treatment, they still experience an impairment
  • Section 5.6: The permanency of the impairment cannot be determined if there are further medical treatments or interventions available that could improve the person’s functional capacity. NB: Treatment can still continue once after permanency has been determined if the baseline functioning still shows an impairment
  • Section 5.7: If the impairment is degenerative in nature it is likely permanent unless medical treatment is likely to improve the impairment
• If you determine that someone does not meet the access criteria:
  • If you say they do not meet Section 24(1)(b) then they will not meet Section 25(1)(a) of the Early Intervention criteria and no further assessment is required.
  • If you say they do meet Section 24(1)(b) but do not meet further Section 24 criteria, then they will meet Section 25(1)(a) and you then assess the rest of the Early Intervention criteria
• It is important to remember that the delegate needs to determine the permanency (or likely permanency) of the impairment and not the condition or the disability. Therefore, someone may be diagnosed with a lifelong condition, the impairment resulting from this may not be permanent, or likely permanent. The impairment may also be permanent, and the treatment may be aimed at improving the disability.
• For psychosocial disabilities, “recovery” can mean clinical recovery or the health professional may be using a “recovery oriented approach”
  • Clinical Recovery — Clinical treatment is being undertaken in an aim to remedy the psychiatric impairment

    This may mean the prospective participant does not meet Section 24(1)(b) in line with Section 5.4 and 5.6 of the NDIS (Becoming a Participant) Rules 2016

  • Recovery Oriented Approach — Enabling a person living with a mental health condition to create and live a meaningful and contributing life in their community (Ref: Mental Health Coordinating Council — Recovery Oriented Language Guide — Second Edition)

    This can mean the impairment is likely permanent, and the intervention the prospective participant requires is for maintenance of their psychosocial disability, and not for clinical treatment. This would therefore meet Section 24(1)(b) based on Section 5.5 of the NDIS (Becoming a Participant) Rules 2016

• Someone living with a psychosocial disability may no longer be engaged with a psychiatrist because they are optimally treated (meaning their medication is effective in managing symptoms, but they may still experience functional impact). We do not necessarily need information from a psychiatrist or for someone to be readily engaged with a psychiatrist to determine the permanency of a psychosocial disability/psychiatric impairment.
  • NB: In some circumstances we will require information from the treating psychiatrist — for example someone aged under 25 years of age living with a high prevalent psychosocial disability. However, if they are not likely to meet Section 24(1)(c) then you would not need to seek further information as the remainder of the Disability criteria will not be met
• For physical and neurological impairments, when determining the permanency, you may be able to use the analogy of a full body scan — for example, someone diagnosed with:
  • Arthritis — redacted: s24.1.b if you were to take a full body scan, you would see the arthritis causing the physical impacts. If for instance, the arthritis was in their knee and they are waiting for a knee replacement, the impairment would not be considered permanent in line with Section 5.4 of the NDIS (Becoming a Participant) Rules 2016 as a knee replacement can remedy the impairment. If you took another full body scan after the knee replacement, the arthritis would no longer be causing a physical impairment
  • Multiple Sclerosis — redacted: s24.1.b If you were to take a brain scan you would see lesions on the brain, therefore a neurological impairment. Multiple Sclerosis is a List B impairment and therefore meets the permanency criteria. However, we do sometimes see evidence that states the person would benefit from allied health intervention. This intervention is to improve the disability, and not to remedy the impairment.
  • Stroke — redacted: s24.1.b when someone has a stroke, their brain cells die due to lack of oxygen. If you were to take a brain scan you would see the dead cells, therefore a neurological impairment that is likely permanent as the brain cells are dead. Rehabilitation and intervention focuses on improving the disability and not the impairment.
• Questions from Meeting
  • Do financial constraints factor into our decision about permanency?
    • No — this is because treatment continues to not remain the responsibility of the NDIS > This would mean that the applicant would need to follow up with the appropriate service system (i.e. health or mental health) if they have barriers to completing the treatment.
  • Where is the “Mental Health and the NDIS” webpage?
    • Navigate to the NDIS website (redacted: s24.1.b)
    • In the search bar type in “Mental Health and the NDIS”
    • It should be the first page that comes up
  • Here is the direct link: redacted: s24.1.b
  • This page is the most beneficial page on the NDIS website for people living with psychosocial disabilities who are applying for the NDIS. It has a number of redacted: s24.1.b and also the redacted: s24.1.b psychosocial form. Whilst this form can’t be sent out (because it’s not owned by the NDIS), you can refer people to where it’s found and suggest they use it.

Page 324 of 362