MRLK and National Disability Insurance Agency

This matter concerned an application by MRLK for review of a decision by the National Disability Insurance Agency (NDIA) to refuse her access to the National Disability Insurance Scheme (NDIS). MRLK sought access to the NDIS on the basis of Crohn's Disease, Anorectal Disease, and Generalised Anxiety Disorder. The Administrative Appeals Tribunal (AAT) was required to determine whether MRLK's impairments resulted in a "substantially reduced functional capacity" to undertake specified activities, and whether she met the early intervention requirements for access under sections 24 and 25 of the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal considered evidence from MRLK regarding the impact of her impairments on her daily life, including difficulties with mobility, social interaction, and self-care. MRLK described being unable to walk more than 100 metres on several days per week, experiencing significant difficulty engaging in social interaction and self-care, and being unable to get out of bed on some days, requiring assistance with eating and showering. However, MRLK also stated that for the most part she could complete personal care tasks independently, apart from after hospitalisation, and that she largely remembered appointments and used a planner and phone notes to manage them. The Tribunal noted that MRLK received significant support from her mother and partner for domestic tasks, meal preparation, and transportation.

The Tribunal affirmed the NDIA's decision, finding that MRLK did not meet the legislative criteria for access to the NDIS at that time. While acknowledging the severity of MRLK's impairments, the Tribunal concluded that they did not result in a substantially reduced functional capacity in the manner required by the Act. The Tribunal emphasised that its decision did not diminish the impact of MRLK's conditions but rather reflected a failure to meet the specific legal thresholds for NDIS access. MRLK was advised that she could reapply in the future if her functional capacity became substantially reduced due to her impairments and she met the other legislative criteria.