JQJT and National Disability Insurance Agency

This matter concerned an appeal by JQJT, a participant in the National Disability Insurance Scheme (NDIS), against a decision by the National Disability Insurance Agency (NDIA) to refuse funding for transport costs. JQJT has a severe intellectual disability, autism, and attention deficit hyperactivity disorder, requiring assistance with all aspects of daily living. The NDIA's position was that transport costs are generally considered day-to-day living costs and are therefore the responsibility of families, not the NDIS, unless they are directly ancillary to a funded support and represent an additional cost incurred solely due to disability support needs.

The primary legal issue before the Tribunal was whether the NDIA's decision to exclude funding for JQJT's transport costs was correct, specifically in relation to the provisions of the National Disability Insurance Scheme Act 2013 (the Act) and its associated Rules. This involved determining what constitutes "reasonable and necessary supports" under the Act, particularly concerning transport, and assessing what it is reasonable to expect families, carers, and informal networks to provide. The Tribunal also considered its own jurisdiction, noting that the decision under review related to a plan that had ceased to have effect, but elected to proceed to avoid further delay and cost.

The Tribunal reasoned that while transport is generally considered an ordinary cost of living and a day-to-day expense that parents are expected to meet for their children, the circumstances of a participant's disability must be taken into account. The Tribunal found that JQJT's needs were substantially greater than those of other children of a similar age due to his disability. It accepted that the cost of transport to and from community access support was an additional cost solely and directly related to JQJT's disability support needs, which his parents would not necessarily otherwise incur beyond the daily transport they already provided. The Tribunal applied the principles that NDIS funding is not for everyday costs, transport is generally a day-to-day living cost, and parents are expected to meet a child's everyday transport requirements. However, it also considered that funding may be provided if transport is ancillary to a funded support, is an additional cost incurred solely and directly as a result of disability support needs, and is a cost the participant would not otherwise incur.

The Tribunal determined that the NDIA's decision to refuse funding for JQJT's transport costs was incorrect. It varied the decision under review, indicating that funding for transport would be included in JQJT's plan.