RHRD and National Disability Insurance Agency

This matter concerned an application by the Applicant, who has been diagnosed with autism spectrum disorder level 2, global developmental delay, and Turner syndrome, for funding of certain supports under the National Disability Insurance Scheme. The Applicant sought funding for a Thermomix all-in-one kitchen machine, a 90-litre car fridge/freezer, a 1500W pure sine wave power inverter, and a garden shed kit. The National Disability Insurance Agency had previously made a decision varying the Applicant's NDIS plan, which the Applicant sought to have reviewed. The Administrative Appeals Tribunal was tasked with determining whether these requested supports were reasonable and necessary in accordance with subsection 34(1) of the National Disability Insurance Scheme Act 2013 (Cth).

The core legal issues before the Tribunal were whether the requested items constituted reasonable and necessary supports. This required an assessment of whether the supports related to the Applicant's disability and whether they were for day-to-day living costs that were not attributable to disability needs. The Tribunal considered the Applicant's complex medical needs, including a gastrojejunostomy for feeding, and the family's circumstances, including the parents' health issues and the father's extensive travel for work. The family's desire to maintain a tradition of "off grid" camping as a bonding activity, which had been impacted by the Applicant's medical needs, was also a significant factor.

The Tribunal reasoned that the Thermomix would assist the Applicant with meal preparation, which was complicated by her feeding requirements. The car fridge/freezer and power inverter were found to be necessary to enable the Applicant to participate in family activities, such as "off grid" camping, by allowing for the safe storage of her formula and food blends, and the charging of essential medical equipment. The garden shed was considered a reasonable support to store equipment related to the Applicant's needs. The Tribunal concluded that these items were not ordinary day-to-day living expenses but were directly related to the Applicant's disability and her ability to participate in family life.

Consequently, the Tribunal set aside the decision of the National Disability Insurance Agency. In substitution, the Tribunal decided that the Applicant was entitled to the supports listed in her NDIS plan that commenced on 31 January 2022, and further ordered that the Thermomix, car fridge/freezer, power inverter, and garden shed kit would be funded as reasonable and necessary supports for the Applicant.