NDIA Accountability Project

Daughter's reduced NDIS funding and S100 review process

‹ PrevPage 1 of 7 · Source p. 1Next ›

Submission Regarding Impacts of NDIA Capability and Culture

This is my submission on our lived experience regarding the impacts of NDIA capability and culture on the experiences of people with disability and NDIS participants trying to access information, support and services from the Agency.

My daughter has been an NDIS participant for many years now. She is neurodivergent and Autistic. She turned 18 at the beginning of the 2021 and has complex combination of disabilities. She had just completed Yr 12. I provided many letters from her treating professionals requesting reasonable and necessary supports to be funded under section 34 of the NDIS act as my daughter transitions from Yr 12 into adulthood.

I had a number of concerns about the NDIS LAC professionalism and conduct and was extremely concerned as I was not provided with accurate or appropriate information and support. As a result when I received my daughters NDIS plan on the 15 November 2021 for the next 2 years. My daughter was very upset and distressed to learn that her new plan was neither appropriately funded nor was her plan reasonable and necessary.

My daughters plan was significantly cut up to as much as 58% from the previous year without any explanation and she had lost funding and was not funded for transport as requested now she was an adult and attending to TAFE studying yo become a Veterinary Nurse. We believed this funding was both reasonable and necessary as her complex disabilities prevents my daughter from catching public transport.

Immediately upon learning of the significant cuts in my daughters funding on the same day, I called the NDIS to request and lodged a S100, Review of a Reviewable decision (RoRD). I had requested as both reasonable and necessary that given given her combination of complex disabilities that a review be undertaken to ensure my daughter was again funded as she had been last year. In addition to receive funding for Transport allowance as we were informed by the LAC that my daughter was eligible to receive.

I was informed by the NDIS upon lodging this S100 on the 15 November 2021, that the NDIA aim to complete a review of decision within 90 days from the day they receive my request. If this isn’t possible, they will contact me to explain why they need more time, and let me know when they will make a decision.

I was told by the NDIA representative to ask of my daughters treating professionals to request supporting letters for this s100 review and email them to the NDIS.

On the 19 November 2021, I received this email. We have received your request for an internal review NDIS number:

Internal Review Acknowledgement

I am writing to acknowledge that we have received your request for an internal review under Section 100 of the National Disability Insurance Scheme Act 2013 (NDIS Act). What this means The decision you would like us to review was made on 11 November 2021 and relates to the supports that are funded in the plan (section 33 of the NDIS Act).

Next steps Your request for an internal review will be assigned to an Internal Review Officer who will consider all of the information and make a new decision. The Internal Review Officer is independent from the person who made the original decision. Once assigned, the Internal Review Officer will review the request and supporting evidence and may contact you if they need to clarify or discuss this request. The Internal Review Officer will complete the review as soon as possible. Usually, this will be within three months from the day you asked for the review. If we need to take longer, we will let you know. If you have additional information you would like the Internal Review Officer to consider. If you have any questions about this letter, please contact us in any of the ways listed under the “We’re here to help” section of this letter. Internal Review Team National Disability Insurance Agency.

It took me around 7 days from the 15 November 2021 to obtain these additional support letters for the s100 review from my daughters treating professionals. Which I emailed 2 of these support letters promptly to internal.reviews on the 24 November 2021 at 6.35 pm. I also obtained an additional support letter and again emailed this to the above email address on the 1 December 2021 at 10.56am.

To my and daughters shock and distress and without any notification or phone communication from the NDIA. I learnt that her S100 review has been completed on the 24 November 2021 at 3.32pm and the decision of this S100 confirmed the original decision is correct.

This decision was made within 3 days of the NDIA confirming to me they would review my request. This was not fair or reasonable that my additional supporting letters for the S100 review were not even considered given the very quick time it took for the delegate ( 3 days when I was told it can take up to 90 days ) to make her decision without any phone communication to me about this important decision.

I have evidence that the NDIA did not contact me to discuss the S100 review. I only learned of the decision via email when I received a spam email from Services Australia which I opened.

  • received another email from Services Australia on the 24 November 2021, however I didn’t open this as I was never informed by the NDIA that they would be communicating any decisions via this form of email.

  • I am very wary of scams and emails sent from unsolicited sources or when they might be trying to impersonate Government organisation. Especially when there is a link that I am asked to click on. So I had no knowledge of this s100 decision being made on the 24 November 2021.

  • I also have evidence that when assessing the s100 review, the NDIS delegate did not review the additional 3x support letters that I had emailed on the 24 November and the 1 December 2021. As she has made her decision on the 24 November at 3.32pm without contacting me by phone.

  • This supporting evidence should have been reviewed as part of the s100 review by the NDIA delegate and I am very distressed that this wasn’t given the time, effort and money spent to obtain these supporting documents for my daughters s100 review.

  • When I called the NDIS upon learning of the NDIA s100 decision from the 24 November 2021. I kindly requested that common sense prevail, given the clear significant errors and failings that had occurred.

  • I clearly explained to the NDIA that the S100 review delegate did not even review any of my 3 supporting letters for the s100 review.

  • Also that I was never contacted or spoken with before this review was finalised. If this phone communication would have occurred, I would have altered the delegate to the fact that I was close to obtaining 3 x support letters and to kindly hold off on their decisions untilI have emailed these letters on the coming days given I had only lodged the s100 request on the 15 November 2021 and it was acknowledged on the 19 November 2021.

  • I was informed that given the internal review was completed and sent on the 24 November 2021 ( which I haven’t even received in the mail as yet ) that the decision was made with the evidence that was provided at the time. Due to this the NDIS are unable to proceed with the reports that I have since provided. Future that if I am not satisfied with the decision I can apply to AAT to review the decision.

  • My daughter and I are victim/ survivors of Domestic and Family Violence. I am a single parent of 3 children 2 of whom are vulnerable and have complex developmental disabilities and require significant support.

  • I was self representing in the Family Court at the time as I could not afford legal representation. I have my own disability and mental health conditions due to suffering Domestic violence and

  • childhood trauma.

  • I also Home School my youngest daughter given her complex developmental disabilities as she has suffered abuse and trauma at School.

  • I am exhausted and needed support. I felt very disappointed and distressed that this has happened despite my advocacy to the NDIA to review the errors and failings that have occurred here.

  • It is my view that there was a significant number of errors and failings that have occurred by the NDIA. It should never have come to me having to go to the AAT. Systems need to change in the NDIA to better support participants and their carers so we never find ourselves in this traumatic and stressful position again.

  • My family and many others have been significantly let down and not supported by the NDIA the very system that exists to provide reasonable and necessary supports to vulnerable Australians with a disability.

  • As the full time Carer for both of my children whom have complex developmental disabilities. I myself have a history of complex trauma, anxiety and have been diagnosed with PTSD. I was forced to battle a NDIA lawyer at the tribunal for over 6 months this year.

  • I have had to cancel my youngest daughters weekly psychologist appointment in order to be able to attend the case conferences at the tribunal.

  • I experienced many unnecessary delays in obtaining a good outcome for my daughter at the Tribunal. We both suffered trauma caused from this lengthy litigation.

  • It was very disappointing and distressing to be informed that that the NDIA lawyer did not addressed any of additional material provided by myself to the AAT and the agency before the first case conference at the Tribunal in February this year.

  • I simply could not believe this was happening. I was struggling to understand the complete lack of consideration by the agency and their lawyers whom I had to fight against in my daughters Tribunal case.

  • I had sent email correspondence to the AAT. These 2 emails contained 7 documents / reports. Including my detailed letter confirming the issues in dispute and an outline of the applicants( my daughters ) position.

  • This material outlined detailed information regarding my daughters current needs. As evidence of

  • The supports we were seeking at the tribunal which was backed up by my daughers specialist medical team and which matches her goals.

  • I was very disappointed that this additional material provided was not considered in the statement of issues from the NDIA lawyer which meant that discussions at the first case conference were not fruitful and were a waste of time for all parties.

  • It was very a very distressing time that myself the Applicants Mum, full time carer and my daughters biggest advocate. Had to stay up late at night for many hours responding to the NDIA lawyers requests for further information throughout the 4 month long tribunal proceedings.

  • I was exhausted, burnt out and I didn’t have access to nor can I afford an expensive Lawyer to represent the my daughter at the Tribunal to fight the NDIA Lawyers relating to the arbitrary, in fair and unreasonable cuts to the my daughters NDIS funding.

  • This is not how the NDIS was supposed to be. My daughter deserves to have choice and control. The NDIS should provide her with the supports and funding she requires to allow her real and meaningful choice and control over her life.

  • When I first put in this application to the Tribunal on behalf of my daughter, I was informed by the Tribunal that my participation and appeal application is not of an adversarial nature.

  • Funny that .. As a single mother of 2 children with complex developmental disabilities and as a victim / survivor of Domestic Violence.

  • The 6 months applying to and having to participate unfairly in the Tribunal proceedings was an extremely challenging, traumatic and very distressing time for my family.

  • There is a significant imbalance of power whereby vulnerable families are forced to fight against well funded Government NDIA lawyers as their only means to appeal against the unfair cuts to their children’s NDIS funding.

  • Our family like many Australians understand the Government has concerns around the financial sustainability of the NDIS and the previous Liberal Government appeared to be attempting to reduce costs by reducing the budgets to participants.

  • These arbitrary cuts were devastating. As a result of these unfair NDIS cuts to my daughters NDIS funding in 2021. For over 6 months until we finalised the tribunal matter in late June 2022…

  • My beautiful daughter lost her independence, was at significant risk of dropping out of her TAFE studies due to lack of appropriate transport funding. Was at risk of further social isolation

  • creating a significant and detrimental risks of deterioration to her mental health. She had
  • suffered significant disruption to her daily life and to that of her families.

This has caused my daughter severe anxiety, panic, stress, anger and upset unnecessarily.

Our family wants a financially sustainable NDIS. However this cannot be achieved by cutting vulnerable participants budget as was done to my daughter in 2021. Which resulted in the significant trauma to our family and many other families across Australia.

Our families lived experience clearly shows the my daughter suddenly had a substantial funding cut upon her plan review with no rational or explanation given by the NDIA in 2021.

My daughters story shows a very clear case of poor decision making in a fraught NDIA system. As a result this poor decision making has caused significant trauma and harm to our family.

Forcing families like ours to go through the stress of many tribunal hearings. In which the NDIA lawyers used delay tactics to wear down the applicants. In our case the NDIA lawyer had plenty of time to consider the additional material and comprehensive reports provided by myself to the Tribunal.

This additional material was not considered nor did it formed a part of the Agencies Statement of Issues sent by the NDIA Lawyer before the 3rd case conference in May this year.

These reports and additional material provided very clear information regarding my daughters current needs, current goals for the next 24 months.

The support and funding my daughter was seeking from the NDIA was backed up by her specialist team of therapists and what she was asking to have funded by the NDIA.

In early June I requested an offer be made by the NDIA lawyer without the need for this matter to progress to a Hearing with the Tribunal.

Our clear position was that there is no case for this matter to progress to a Hearing based on

-the issues in this matter -the reasonable and necessary funding my daughter was requesting -my daughters complex disabilities, her age and life transition in 2022 from school to the adult world.

The NDIA should never have made my family and many other families suffer unnecessary lengthy litigation and having to fight things out with lawyers to simply resolve our matter.

Ours was a very simply case. We were not seeking a substantial amount of additional funding on