NVWC and National Disability Insurance Agency

This matter concerned an application by the Applicant for review of a decision made by the National Disability Insurance Agency (NDIA) regarding their NDIS plan. The Applicant, who suffers from various conditions, relies heavily on a mobility scooter to attend appointments, engage socially, and undertake necessary daily journeys. The dispute centred on the NDIA's decision to remove funding for the repairs and maintenance of the Applicant's mobility scooter from their NDIS plan.

The Tribunal was required to determine whether funding for the repairs and maintenance of the Applicant's mobility scooter constituted a "reasonable and necessary support" under section 34 of the National Disability Insurance Scheme Act 2013 (Cth). This involved assessing whether such support was required due to the Applicant's disabilities, whether it represented value for money, and whether it would assist the Applicant in achieving their goals and participating in the community.

The NDIA conceded that $750.00 per year for repairs and maintenance of the mobility scooter was a reasonable and necessary support. The Tribunal found that, given the Applicant's reliance on the mobility scooter due to their disabilities, the provision of funding for its proper repair and maintenance was necessary to enable them to pursue their plan goals and facilitate social and economic participation. In the absence of evidence detailing the specific annual costs of repairs and maintenance, the Tribunal accepted the proposed budget.

Accordingly, the Tribunal varied the NDIA's decision, ordering that the Applicant's NDIS plan be amended to include a support area for "assistive technology" with a budget of $750.00 for the repairs and maintenance of their mobility scooter.