Green and National Disability Insurance Agency

This matter concerned an appeal by Ms Green against a decision of the National Disability Insurance Agency (NDIA) regarding her NDIS plan. The dispute centred on whether certain requested supports, specifically assistance with household tasks including house and yard maintenance, constituted "reasonable and necessary supports" under the National Disability Insurance Scheme Act 2013 (Cth). The Administrative Appeals Tribunal (AAT) was required to determine if the NDIA's decision should be varied.

The Tribunal was tasked with assessing whether the requested supports met the criteria for reasonable and necessary supports as defined by section 34(1) of the NDIS Act. This involved considering whether the supports would assist Ms Green to pursue her stated goals and aspirations, facilitate her social and economic participation, and represent value for money. The Tribunal also had regard to the Full Court of the Federal Court's interpretation of "reasonable and necessary supports" as requiring a threshold that justifies the expenditure of public funds in the context of the Act's objects and principles.

In its reasoning, the Tribunal considered Ms Green's goals, which included developing independence, reducing unsafe behaviours, and increasing social skills. It found that funding for domestic and yard maintenance would provide additional flexibility for Ms Green's mother and support workers to assist her in addressing these goals. The Tribunal also determined that observing and understanding household tasks could benefit Ms Green in her paid employment and social interactions, thereby facilitating her social and economic participation. Consequently, the Tribunal was satisfied that the requested supports met the criteria for reasonable and necessary supports.

The Tribunal varied the NDIA's decision by ordering funding for assistance with household tasks, specifically house maintenance for two hours each week and yard maintenance for three hours each month, in accordance with the relevant NDIS pricing arrangements.