Pearson and National Disability Insurance Agency

The Administrative Appeals Tribunal considered whether to revoke Mrs Pearson's access to the National Disability Insurance Scheme. The dispute centred on whether Mrs Pearson met the eligibility requirements for the Scheme under sections 24 or 25 of the *National Disability Insurance Scheme Act 2013* (Cth).

The Tribunal was required to determine if Mrs Pearson possessed impairments that were permanent or likely to be permanent, and if these impairments resulted in a substantially reduced functional capacity in key areas such as communication, social interaction, learning, mobility, self-care, or self-management, as stipulated by section 24(1)(c) of the Act. Additionally, the Tribunal had to assess whether Mrs Pearson met the early intervention requirements under section 25 of the Act, considering whether any interventions sought were likely to benefit her.

The Tribunal's reasoning focused on the evidence presented, including medical reports and testimony from Mrs Pearson's general practitioner and an occupational physician. While acknowledging Mrs Pearson suffered from several medical conditions, including type 2 diabetes, asthma, COPD, osteoarthritis, and lower limb issues, the Tribunal found that her permanent impairments, specifically lower limb lymphoedema, neuropathy, and COPD, did not result in the substantially reduced functioning required by section 24 of the Act. Furthermore, the Tribunal was not satisfied that the early intervention requirements under section 25 were met, concluding that interventions were unlikely to benefit Mrs Pearson.

Consequently, the Tribunal affirmed the reviewable decision, meaning Mrs Pearson's access to the National Disability Insurance Scheme was revoked.