FFNR and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the dispute between FFNR, the applicant, and the National Disability Insurance Agency (NDIA), the respondent, concerning the provision of reasonable and necessary supports under the National Disability Insurance Scheme. The applicant sought funding for an additional 11 hours of support worker assistance per day, seven days a week.

The Tribunal was required to determine whether the requested support was a mere preference of the applicant or a necessary component of their NDIS plan. Specifically, the Tribunal had to assess whether the NDIA's decision to refuse funding for the additional support was justified, taking into account the reasonableness of the financial burden on families in providing such care.

Deputy President B W Rayment Oam Qc P reasoned that the NDIA's assessment had failed to adequately consider the applicant's circumstances and the practical realities of family care. The Tribunal applied the principles of the National Disability Insurance Scheme Act 2013 (Cth), emphasizing that supports should be funded to the extent that they are reasonable and necessary, and that the capacity of families to bear costs should be taken into account. The Tribunal found that the NDIA's decision did not properly reflect these considerations.

The Tribunal set aside the NDIA's decision and remitted the matter back to the NDIA for reconsideration in accordance with the Tribunal's findings.