Rain and National Disability Insurance Agency

This matter concerned an application by Ms Rain against the National Disability Insurance Agency (NDIA) regarding the NDIA's decision to omit wheelchair supports from her NDIS plan. Ms Rain, a single mother of two teenage sons, sought funding for wheelchair supports to enable her to participate in whole-day community activities that involved significant walking. The NDIA had refused to fund these supports, and Ms Rain sought review of that decision.

The primary legal issue before the Tribunal was whether the provision of wheelchair supports to Ms Rain met the criteria for reasonable and necessary supports as set out in section 34(1) of the National Disability Insurance Scheme Act 2013 (Cth). Specifically, the Tribunal had to consider whether the supports would assist Ms Rain to pursue her goals and aspirations, facilitate her social and economic participation, represent value for money, be effective and beneficial, take account of what families and the community can provide, and be most appropriately funded through the NDIS.

The Tribunal considered Ms Rain's stated goals, which included making friends, joining group activities, and participating in community events. While acknowledging that a wheelchair might assist her in participating in longer, more demanding outings, the Tribunal found that the provision of a wheelchair could potentially reduce her independence and work against her goal of looking after herself and her children independently, particularly as she would require assistance to use it. The Tribunal also noted that many of her desired activities could be pursued without the wheelchair or with alternative supports. Although the Tribunal was satisfied that the support was not more appropriately funded through other systems, it ultimately concluded that the wheelchair supports were not reasonable and necessary under section 34(1) of the Act.

Consequently, the Tribunal affirmed the NDIA's decision to omit the wheelchair supports from Ms Rain's NDIS plan. However, the Tribunal made a non-binding observation suggesting that alternative supports, such as a four-wheeled walker or the ad hoc hiring of a wheelchair for specific outings, might be considered in future NDIS plans as potentially meeting the criteria for reasonable and necessary supports.