PPFQ and National Disability Insurance Agency
Case
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[2019] AATA 1092
•31 May 2019
Details
AGLC
Case
Decision Date
PPFQ and National Disability Insurance Agency [2019] AATA 1092
[2019] AATA 1092
31 May 2019
CaseChat Overview and Summary
This matter concerned an application by PPFQ, who suffers from moderate to severe hearing loss, tinnitus, and hyperacusis, for funding for high-level technology hearing aids. The dispute before the Administrative Appeals Tribunal (AAT) was whether the requested hearing aids constituted reasonable and necessary supports under section 34(1) of the *National Disability Insurance Act 2013* (Cth).
The Tribunal was required to determine whether the proposed supports met the criteria of being reasonable and necessary. This involved considering whether adequate investigation had been undertaken into other sources of funding, whether the supports represented value for money by having reasonable costs relative to the benefits and alternative support costs, and whether the supports were the minimum necessary.
The Tribunal found that the GN Resound LiNX 3D 9 hearing aids, which PPFQ found most comfortable, satisfied the requirements of section 34(1)(c) of the Act and were therefore reasonable and necessary supports. The parties subsequently agreed on the terms of the decision.
The Tribunal set aside the internal review decision of 13 April 2018 and substituted a decision to include a pair of GN Resound LiNX 3D 9 hearing aids as a reasonable and necessary support to be funded under the National Disability Insurance Scheme.
The Tribunal was required to determine whether the proposed supports met the criteria of being reasonable and necessary. This involved considering whether adequate investigation had been undertaken into other sources of funding, whether the supports represented value for money by having reasonable costs relative to the benefits and alternative support costs, and whether the supports were the minimum necessary.
The Tribunal found that the GN Resound LiNX 3D 9 hearing aids, which PPFQ found most comfortable, satisfied the requirements of section 34(1)(c) of the Act and were therefore reasonable and necessary supports. The parties subsequently agreed on the terms of the decision.
The Tribunal set aside the internal review decision of 13 April 2018 and substituted a decision to include a pair of GN Resound LiNX 3D 9 hearing aids as a reasonable and necessary support to be funded under the National Disability Insurance Scheme.
Details
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Areas of Law
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Administrative Law
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Statutory Interpretation
Legal Concepts
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Judicial Review
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Procedural Fairness
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Statutory Construction
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Remedies
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