Understand disability requirements

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DOCUMENT 8 FOIOFFICIAL24/25-1770 SGB Knowledge Article Template For Internal Use Only

The contents of this document are OFFICIAL.

Understand disability requirements

Guidance in this document is not approved for use unless you view it in PACE.

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 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.

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.

Overview

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

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

Disability requirements

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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 impairmentCheck eligibility – DIS – likely permanenceCheck eligibility – DIS – significant functional impactCheck eligibility – DIS – social and economic impactCheck 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.

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?

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 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?

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.

Article labels

PACE user role names

No change.

Topics

No change.

Case names

No change.

Ownership

No change.

Version Control

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Amended Version Brief Description of Change Status Date by

Class 1 approval

New article split from ‘Check evidence 1.0 EMN960 APPROVED 2023-07-07 for a decision – impairment caused disability

Class 2 SG BM approval 2.0 JC0088 Updates to reflect legislation APPROVED 2024-08-29 changes from 3 October 2024

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