MORGAN and NATIONAL DISABILITY INSURANCE AGENCY

The Administrative Appeals Tribunal considered the dispute between Mr Morgan and the National Disability Insurance Agency concerning Mr Morgan's eligibility for the National Disability Insurance Scheme. The core of the dispute revolved around whether Mr Morgan's impairments met the access criteria, specifically the requirement that an impairment must result in a substantially reduced functional capacity.

The Tribunal was required to determine whether Mr Morgan's impairments were permanent and, if so, whether they resulted in a substantially reduced functional capacity in accordance with the *National Disability Insurance Scheme Act 2013* (Cth) and the relevant legislative instruments. The central question was whether the evidence established that Mr Morgan's impairments had a permanent impact on his ability to undertake everyday tasks.

In reaching its decision, the Tribunal applied the principles established in the *National Disability Insurance Scheme Act 2013* and the *National Disability Insurance Scheme (Access Requirements) Rules 2013*. The Tribunal found that the evidence before it did not sufficiently demonstrate that Mr Morgan's impairments were permanent or that they resulted in a substantially reduced functional capacity. Consequently, the Tribunal set aside the decision under review.