Loadsman and National Disability Insurance Agency

This matter concerned an application by Mrs Tascha Loadsman for review of a decision by the National Disability Insurance Agency (NDIA) to refuse funding for the installation of an elevator and associated building works at her home. Mrs Loadsman, who has Motor Neuron Disease, sought this support to enable her to access all parts of her two-storey residence, as her mobility had significantly deteriorated, preventing her from safely using the stairs. The Administrative Appeals Tribunal (AAT) was required to determine whether the proposed elevator installation constituted a reasonable and necessary support under the *National Disability Insurance Scheme Act 2013* (NDIS Act).

The central legal issue before the Tribunal was whether the requested elevator and associated building works met the criteria for "reasonable and necessary support" as defined by subsection 34(1) of the NDIS Act. This involved assessing whether the support was cost-effective, would substantially improve Mrs Loadsman's life outcomes and provide long-term benefit, and whether it was the most appropriate and effective way to achieve her goals, considering alternative supports and the cost of relocation. The Tribunal also had regard to the NDIA's Operational Guidelines, which provide guidance on the application of the NDIS Act and the Support for Participant Rules, particularly concerning the "value for money" criterion.

The Tribunal reasoned that while the installation of an elevator was a significant expense, it was necessary to enable Mrs Loadsman to access all areas of her home, thereby promoting her independence and participation in family life. However, upon considering the evidence and the principles of value for money, the Tribunal determined that a Hercules PS Track stairclimber, along with necessary modifications to facilitate its use, represented a more appropriate and cost-effective solution than a full elevator installation. The Tribunal found that this alternative support would achieve the desired outcome of enabling Mrs Loadsman to access different levels of her home, aligning with the NDIS Act's requirements for reasonable and necessary supports.

Consequently, the Tribunal set aside the NDIA's original decision. In substitution, the Tribunal ordered that funding for a Hercules PS Track stairclimber and the required home modifications be included in Mrs Loadsman's NDIS plan as a reasonable and necessary support.