Carter and National Disability Insurance Agency

This matter concerned an application by Ms Carter for access to the National Disability Insurance Scheme (NDIS). The National Disability Insurance Agency had affirmed its original decision to refuse Ms Carter access, finding she did not meet the disability or early intervention requirements under the NDIS Act 2013 (Cth). Ms Carter sought a review of this decision before the Tribunal.

The Tribunal was required to determine whether Ms Carter met the disability requirements under section 24 of the NDIS Act, specifically whether her impairments resulted in a substantially reduced functional capacity in specified areas, and whether she met the early intervention requirements under section 25 of the NDIS Act. The Tribunal also considered whether Ms Carter's impairments were attributable to one or more intellectual, cognitive, neurological, sensory, or physical impairments, or a psychosocial disability.

The Tribunal found that Ms Carter satisfied the requirement of having impairments attributable to a disability under section 24(1)(a) of the NDIS Act, acknowledging a range of physical and psychological impairments including GORD, OA, RSB, CRPS, MSCC, anxiety and depression, cataracts, and lumbosacral pain. However, the Tribunal determined that Ms Carter did not satisfy the functional capacity limb of section 24(1)(c), which requires impairments to substantially reduce functional capacity in areas such as communication, social interaction, learning, mobility, self-care, or self-management. As a consequence of failing to meet the disability requirements, Ms Carter also failed to meet the early intervention requirements under section 25.

The Tribunal affirmed the decision of the National Disability Insurance Agency to refuse Ms Carter access to the NDIS.