Oczenaschek and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of an applicant seeking funding for medium-term accommodation and individualised living options (ILO) under the National Disability Insurance Scheme (NDIS). The dispute centred on whether these supports were reasonable and necessary, particularly in light of the applicant's housing needs following discharge from a mental health facility.

The primary legal issues before the Tribunal were to determine whether funding for medium-term accommodation and stage one ILO planning and exploration constituted reasonable and necessary supports under the NDIS Act. This involved interpreting the NDIS Act and the associated Supports for Participants Rules 2013 and Specialist Disability Accommodation Rules 2020, particularly concerning the NDIS's responsibilities for housing and community infrastructure, and what constitutes a day-to-day living cost versus a disability-related support.

The Tribunal reasoned that while rent is generally considered a day-to-day living cost and not funded by the NDIS, exceptions exist for costs incurred solely and directly as a result of a participant's disability support needs. The Tribunal noted that the NDIS is responsible for supports to assist a person with disability to live independently in the community, but not for the provision of accommodation itself or homelessness services. However, the Tribunal found that the applicant's circumstances warranted specific NDIS funding for medium-term accommodation and ILO planning.

Consequently, the Tribunal set aside the previous decision and remitted the matter for reconsideration. The Tribunal directed that the applicant's approved statement of participant supports should specify funding for medium-term accommodation for 90 days and funding of $4,506.30 for stage one ILO planning and exploration, with other specified supports to be replicated until a reassessment date no later than four months from the date of the Tribunal's decision.