Jeftic and National Disability Insurance Agency

This matter concerned an application by Ms Judith Jeftic for review of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme. The Tribunal was required to determine whether the applicant met the eligibility criteria for the scheme, specifically concerning the impact of her permanent impairments on her functional capacity and her need for lifetime support, as well as whether she satisfied the early intervention requirements.

The Tribunal considered whether the applicant’s permanent impairments resulted in a substantially reduced functional capacity under section 24(1)(c) of the NDIS Act, and whether she was likely to require NDIS support for her lifetime under section 24(1)(e). Additionally, the Tribunal assessed whether the applicant met the early intervention criteria outlined in section 25 of the Act. In its determination, the Tribunal had regard to extensive documentary evidence, including medical reports and the applicant's own statements, as well as the NDIA's Access Operational Guidelines.

The Tribunal's reasoning focused on the interpretation of "substantially reduced functional capacity" as requiring disability-specific supports, such as significant assistance from others or prescribed assistive technology. It noted that while the applicant presented with various physical conditions and a history of depression, the evidence did not establish that these impairments, considered collectively, substantially reduced her functional capacity in the defined domains or that she would require NDIS support for her lifetime. The Tribunal also found that the applicant did not meet the early intervention criteria. Consequently, the Tribunal affirmed the NDIA's original decision to refuse access to the scheme.