KLMN and National Disability Insurance Agency

This matter concerned an appeal by KLMN against a decision of the National Disability Insurance Agency (NDIA) regarding the supports included in her National Disability Insurance Scheme (NDIS) plan. The dispute centred on whether certain proposed supports, specifically security upgrades and transport assistance, met the criteria for "reasonable and necessary supports" as defined by the NDIS Act 2013 (Cth). KLMN had provided evidence of her disabilities, including Graves disease and chronic post-traumatic stress disorder (PTSD), and detailed the impact of her living situation, including a difficult neighbour, on her well-being and ability to participate in community activities.

The Tribunal was required to determine whether the security upgrades sought by KLMN constituted reasonable and necessary supports under section 34 of the NDIS Act. This involved assessing whether such supports would assist KLMN to pursue her goals and aspirations, facilitate her social and economic participation, represent value for money, be effective and beneficial, take into account informal supports, and be most appropriately funded by the NDIS rather than other systems. The Tribunal also had to consider the existing transport assistance within KLMN's plan and whether it was adequate.

In its reasoning, the Tribunal applied the criteria set out in section 34 of the NDIS Act. It found that while KLMN's concerns regarding her neighbour were valid and impacted her PTSD, the proposed security upgrades were not sufficiently demonstrated to be reasonable and necessary supports. The Tribunal was not convinced that these specific additions and modifications met the statutory requirements. However, regarding transport assistance, the Tribunal found that KLMN was eligible for Level 3 assistance.

Consequently, the Tribunal set aside the NDIA's decision concerning transport assistance and substituted a decision that KLMN is eligible for Level 3 assistance totalling $3456.00. The Tribunal affirmed the NDIA's other decisions under review, meaning the proposed security upgrades were not approved as reasonable and necessary supports.