Deayton and National Disability Insurance Agency

This matter concerned an appeal by Mr Deayton against a decision of the National Disability Insurance Agency (NDIA) regarding the provision of supports under his National Disability Insurance Scheme (NDIS) plan. Mr Deayton, who lives with a progressive genetic muscle disorder causing significant physical impairments and limited mobility, sought funding for several supports, including excessive electricity usage, ongoing physiotherapy and massage therapy, a component of his Foxtel subscription for sporting events, and supports to enable his participation in interstate Powerchair events. The Administrative Appeals Tribunal (AAT) was required to determine whether these disputed supports met the criteria of "reasonable and necessary supports" as defined by the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal's reasoning focused on the interpretation of "reasonable and necessary supports" under section 34(1) of the NDIS Act and relevant operational guidelines. It considered the specific circumstances of Mr Deayton's disability and how the requested supports related to his goals of maintaining independence, social connection, and participation in recreational and sporting activities. The Tribunal analysed whether certain costs, such as electricity usage and Foxtel subscription, were day-to-day living costs or directly attributable to his disability support needs, referencing principles from the *Warwick v National Disability Insurance Agency* decision regarding the distinction between general living expenses and disability-related costs.

Ultimately, the Tribunal set aside the NDIA's decision and remitted the matter with directions to approve a new statement of supports for Mr Deayton. This new statement was to include funding for the disputed items, such as excessive electricity usage due to disability-related equipment, physiotherapy, massage therapy, occupational therapy, a portion of his Foxtel subscription for sports, and comprehensive supports for his participation in interstate Powerchair events, including travel, local assistance, and equipment hire. The Tribunal also directed that the plan be self-managed for a notional duration of 12 months, allowing for a review period of the new supports.