FOI 24/25-1284
AAT Case Management Guide
Supportable Impairments
OFFICIAL For Internal Use Only
DOCUMENT 1
Field Content Reference Documents Title Supportable Impairments This document is part of a suite of guidance Purpose documents for case managers to use in formulating P their approach to managing individual cases before the Administrative Appeals Tribunal (AAT). ection 24 of the National Disability A participant’s disability or impairment can permanently and substantially reduce thej capacity or their ability to undertake a For the purposes of this documen can be: Scope e intellectual; e cognitive; . . © neurological: Does your impairment 6 substantially reduce e . “hcienk your functional ° Physical, capacity? e
Escalation to
Do you have an extreme functional
impairment or very high support needs?
meters of this document, Branch Manager may
g to hearing. Where there is
he matter is outside the document, the matter should be
Current National Disability Insurance Agency (NDIA) policy on the subject
process is often seen as stressful and
= sarial by the participants and our focus should be on resolving issues as practicably and quickly as possible. The role of the NDIA is to assist the AAT and the participant in reaching the best possible resolution for the participant by agreement.
Participants are generally ineligible to receive NDIS funding if:
e their impairment is temporary; or
NDIA Dispute Resolution Policy Appendix B to the Legal
Services Directions 2017
Section 24 of the National Disability Insurance Scheme Act 2013
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FOI 24/25-1284
AAT Case Management Guide
Supportable Impairments
OFFICIAL For Internal Use Only
e their impairment is treatable, whether treatment is ongoing or whether there are unexplored treatment options available to the participant.
The NDIA is also unable to fund supports which would more appropriately be funded by other mainstream service delivery systems.
List B: Conditions that are likely to result ina permanent impairment
NDIA Posture in relation to this subject
Appeals Tribunal (AAT)
Whether the NDIA is able to offer support funding in relation to a particular impairment will typically hin on whether or not:
e the impairment is, or is likely to be, permanent; and
e whether the support needed is appropriately funded by the
health system, the receive funding f
or is not likely Id represent a
NatYonal Disability Insurance Scheme Act 2013
NDIA is the participant’s y on the available
oviders, expert evidence, opinion evidence ess statements. The NDIA will also closely
der a participant’s daily support needs as a result of their impairment when considering the appropriate level of funding to provide, wherever possible.
Providing evidence of your disability
Persons Giving Expert and Opinion Evidence Guideline |
Administrative Appeals Tribunal
Other considerations
Some participants may have an impairment which will improve over time, meaning that the participant will require progressively less disability support over time. In those circumstances, participants may be eligible to receive early intervention support funding.
Do you need early intervention?
Sections 24, 25 and 27 of the National
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FOI 24/25-1284
AAT Case Management Guide
Supportable Impairments
OFFICIAL For Internal Use Only
In those circumstances, the NDIA will consider:
e whether the impairment is likely to be permanent;
e whether early intervention supports are likely to reduce the need for future supports; and
e whether the early intervention needed is most appropriately funded by the NDIA.
Disability Insurance Scheme Act 2013
Rule 6.9 of the National Disability Insurance
Scheme (Becoming a
Participant) Rules 2016
The question is not whether the impact of a participant’s impairment is significant in general
terms, or whether a support is actually funded by another mainstream service delivery system. |
are met; which is to say, whether a partigg
Previous matters that impairment is permanent and substa may advise the their functional capacity, and whe 1 AATA NDIA position | funding in relation to that impair appropriately provided by the NDIA, mainstream service deliv Document admin 10 September 2024 Approved 10 September 2024
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