Clarke and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the dispute between Mr. Clarke and the National Disability Insurance Agency concerning Mr. Clarke's eligibility for the National Disability Insurance Scheme. Mr. Clarke sought access to the scheme based on impairments arising from polymorphic light eruption and autism spectrum disorder.

The Tribunal was required to determine whether Mr. Clarke's impairments met the disability requirements for access to the scheme, specifically whether these impairments resulted in a substantial reduction in his functional capacity and whether they were permanent or likely to be permanent. The Tribunal also had to consider the availability and effectiveness of treatments for his conditions.

In its reasoning, the Tribunal applied the principles outlined in the *National Disability Insurance Scheme Act 2013* (Cth) and relevant case law concerning the assessment of disability and functional capacity. The Tribunal found that while Mr. Clarke had impairments, the evidence did not sufficiently demonstrate a substantial reduction in his functional capacity that was permanent or likely to be permanent, particularly in light of available treatments. Consequently, the Tribunal set aside the original decision.