Puster 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) that the applicant did not meet the access criteria for the National Disability Insurance Scheme (NDIS). The applicant had applied to become a participant in the NDIS, but the NDIA determined that the applicant did not meet the necessary requirements. The applicant subsequently sought a review of this decision before the Administrative Appeals Tribunal (AAT).

The central legal issues before the Tribunal were whether the applicant met the disability requirements under section 24 of the *National Disability Insurance Scheme Act 2013* (Cth) or the early intervention requirements under section 25 of the same Act. The NDIA conceded that the applicant met the age and residence requirements stipulated in sections 22 and 23 of the Act, leaving the determination of the disability or early intervention criteria as the sole remaining questions for the Tribunal.

The Tribunal considered the provisions of section 24 of the NDIS Act, which outlines the criteria for meeting disability requirements, including the existence of a permanent impairment resulting in substantially reduced functional capacity in areas such as communication, social interaction, learning, mobility, self-care, and self-management, and affecting the person's capacity for social or economic participation. The Tribunal also had regard to the NDIS Operational Guidelines, which provide guidance on the interpretation of these criteria, particularly concerning what constitutes a "substantially reduced functional capacity." The Tribunal found that the applicant did not satisfy the requirements of section 24, nor did the applicant meet the early intervention requirements under section 25.

Consequently, the Tribunal affirmed the NDIA's decision that the applicant did not meet the access criteria for the NDIS.