Howard and National Disability Insurance Agency

The applicant, Howard, sought review of a decision by the National Disability Insurance Agency (NDIA) to refuse access to the National Disability Insurance Scheme. The dispute concerned whether the applicant met the access criteria for the Scheme, specifically in relation to various medical conditions. The matter was heard by Senior Member R Cameron of the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant's impairments were permanent and whether they resulted in a functional capacity to a significant extent. This involved a careful consideration of the medical evidence presented to assess the nature and impact of the applicant's various conditions.

Senior Member Cameron applied the principles established under the *National Disability Insurance Scheme Act 2013* (Cth) and relevant case law concerning the assessment of impairments and functional capacity. The Tribunal considered the medical reports and evidence provided, weighing them against the statutory requirements for access to the Scheme. The Senior Member found that the evidence did not establish that the applicant's impairments were permanent or that they resulted in a significant reduction in functional capacity.

Consequently, the Tribunal affirmed the NDIA's decision to refuse the applicant access to the National Disability Insurance Scheme.