ROBINSON and NATIONAL DISABILITY INSURANCE AGENCY DIVISION

This matter concerned an application by the Applicant, Mr. Robinson, challenging a decision by the National Disability Insurance Agency (NDIA) regarding his eligibility for the National Disability Insurance Scheme (NDIS). The dispute centred on whether Mr. Robinson met the access criteria for the NDIS, specifically concerning the permanence and functional impact of his impairments. The decision was made by Senior Member Katter of the Administrative Appeals Tribunal.

The primary legal issue before the Tribunal was to determine whether the Applicant met the disability requirements as set out in section 24(1) of the *National Disability Insurance Scheme Act 2013* (Cth). This involved assessing whether the Applicant had a permanent impairment that resulted in a substantially reduced functional capacity to undertake certain activities, in this instance, mobility. The Tribunal was required to consider if the NDIA's decision that the Applicant did not meet these criteria was correct.

Senior Member Katter reasoned that the Applicant possessed a permanent impairment that demonstrably resulted in a substantially reduced functional capacity concerning mobility. The Tribunal found that the conditions met the requirements of section 24(1) of the Act. Consequently, the Tribunal concluded that the Applicant met the disability requirements and, therefore, the overall access criteria stipulated in section 21(1) of the Act. The decision of the Respondent dated 12 August 2022 was set aside and substituted with a decision that the Applicant meets the access criteria under section 21(1)(a), (b), and (c)(i) of the Act.