Forbes and National Disability Insurance Agency

This matter concerned an appeal by Ms Forbes against the National Disability Insurance Agency's decision to refuse her access to the National Disability Insurance Scheme. The Agency had affirmed its original decision, maintaining that Ms Forbes did not meet the disability requirements under section 24 of the *National Disability Insurance Act 2013* (Cth) or the early intervention requirements under section 25 of the Act. Specifically, the Agency contended that Ms Forbes' impairments did not result in a substantial reduction in her functional capacity, that she was not likely to require lifetime support from the scheme, and that early intervention supports would reduce her future needs and mitigate the impact of her impairments.

The primary legal issues before the Tribunal were whether Ms Forbes met the disability requirements under section 24 of the NDIS Act, particularly subsections 24(1)(c) and 24(1)(e), and whether she met the early intervention requirements under section 25 of the Act. This involved determining if her end-stage kidney disease and its treatment, including a kidney transplant and immunosuppressant medication, resulted in a substantially reduced functional capacity, specifically in social interaction, and whether she was likely to require lifetime support. The Tribunal also considered whether early intervention supports would benefit her by reducing future needs or alleviating the impact of her impairments.

The Tribunal affirmed the Agency's decision, finding that Ms Forbes did not meet the disability requirements under section 24(1)(c) of the NDIS Act. While acknowledging Ms Forbes' significant health challenges and her admirable efforts to maintain independence and employment, the Tribunal concluded that her functional capacity for social interaction was not substantially reduced to the extent required by the Act. The Tribunal noted that Ms Forbes prioritised her health management and employment, which necessarily limited her energy for social activities. However, it found that the evidence did not establish that her impairments prevented her from participating in social interaction to a "substantially reduced" degree, considering the cumulative effect of her impairments and her ability to engage in some social activities, albeit limited. The Tribunal did not make specific findings on the early intervention requirements as it had already determined Ms Forbes did not meet the disability requirements.