Understand disability requirements

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DOCUMENT 16

Understand disability requirements

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FOI 24/25 - 1670 SGP KP Publishing — Understand disability requirements

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

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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

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1 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

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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.

Before you start — 5

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3 Overview

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

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

Overview — 6

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4 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.

4.1 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.

4.2 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.

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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?

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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.

Next steps — 9

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