Check eligibility – EI – Impairment is likely permanent

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FOIOFFICIAL24/25-0999 DOCUMENT 37 Knowledge Article

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The contents of this document are OFFICIAL.

Check eligibility – EI – Impairment is likely permanent

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:

  • review evidence of a permanent impairment
  • use this information to support the person to understand the eligibility requirements.

Recent updates

3 October 2024

  • Article title changed from ‘(EI) Check evidence for a decision – Impairment is likely to be permanent’ to ‘Check eligibility – EI – Impairment is likely permanent.’
  • When we say EI in a title, we mean early intervention requirements. We’ve added this to help you identity which articles are for disability or early intervention requirements.

Before you start

You have:

Evidence the impairment is likely to be permanent

Review evidence of a permanent impairment

Review the available evidence to consider if the person has one or more impairments that is permanent or is likely to be permanent.

You will need to review the available evidence that says they are likely to have the impairment for their lifetime.

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They might have some periods in their life where there is a smaller impact on their daily life, because their impairment may be episodic or fluctuate in intensity. Their impairment can still be permanent due to the overall impact on their life, and the likelihood that they will be impacted across their lifetime.

Even when their condition or diagnosis is permanent, you need to check if the impairment is permanent too. For example, a person may not be eligible if their impairment is temporary, still being treated, or if there are known, available and appropriate evidence-based clinical, medical or other remaining treatments options that are likely to remedy the impairment.

Generally, you’ll consider whether an impairment is likely to be permanent after all available and appropriate treatment options have been pursued.

For more information, go to section Do you have an impairment that’s likely to be permanent? in Our Guideline – Applying to the NDIS (external).

Early intervention requirements are just one of the eligibility requirements. To be eligible for the NDIS under early intervention, the applicant must also meet the age and residence requirements.Go to article Check eligibility – Age and residence requirements.

Next steps

If you are an access delegate:

  • to determine eligibility, continue to follow guidance in article Make an access decision - pre-legislation changes or article Make an access decision – post-legislation changes.
  • to check the timeframes to make a decision, follow guidance in article Check decision – Legislative timeframes.

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Version control

Version Amended by Brief Description of Change Status Date
1.0 EMN960 Reviewed and approved by EL2 APPROVED 2022-11-10
2.0 EMN960 EL2 approval to publish APPROVED 2023-08-10
3.0 IIW664 Class 1 approved. Article title changed from ‘(EI) Check evidence for a decision – Impairment is likely to be permanent’ to ‘Check eligibility – EI – Impairment is likely permanent’ APPROVED 2024-09-23

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