TBDY and National Disability Insurance Agency

This matter concerned an application by TBDY, a child participant in the National Disability Insurance Scheme (NDIS), for review of a decision made by the National Disability Insurance Agency (NDIA) regarding their statement of participant supports (SOPS). TBDY's mother sought funding for several supports and a notional plan duration of three years. The central dispute revolved around whether the requested supports constituted "reasonable and necessary supports" under section 34(1) of the National Disability Insurance Scheme Act 2013 (Cth).

The Tribunal was required to determine the type and level of supports that qualified as "reasonable and necessary supports" for TBDY and should be included in their SOPS. Additionally, the Tribunal needed to decide the appropriate notional duration for any new NDIS plan to be approved for TBDY, which involved determining the reassessment date for the plan.

During the hearing, the NDIA presented new evidence and conceded several disputed issues, including transport support. Consequently, by the conclusion of the hearing, the NDIA accepted that virtually all of the supports requested by TBDY's mother, as well as some additional supports not initially requested, were "reasonable and necessary supports." The NDIA also agreed to TBDY's proposed notional plan duration of three years. Given these developments, the Tribunal found it unnecessary to conduct extensive fact-finding.

The Tribunal set aside the decision under review and remitted the matter with directions to facilitate the making of a new SOPS for TBDY. This new SOPS is to include virtually all of the requested supports, along with additional supports identified by the NDIA as reasonable and necessary, and will have a notional plan duration of three years.