White and National Disability Insurance Agency

[2024] AATA 3160

White and National Disability Insurance Agency [2024] AATA 3160 (5 September 2024)

Division:NATIONAL DISABILITY INSURANCE AGENCY DIVISION

File Number:          2022/4898

Re:LORRAINE WHITE

APPLICANT

AndNATIONAL DISABILITY INSURANCE AGENCY

RESPONDENT

DECISION

Tribunal:Senior Member Katter

Date:5 September 2024

Place:Brisbane

The decision of the Respondent of 22 March 2022 is set aside and it is decided in substitution that the Applicant meets the access criteria in s 21(1)(a), (b) and (c)(i) of the National Disability Insurance Scheme Act 2013 (Cth).

............[SGD].............

CATCHWORDS

NATIONAL DISABILITY INSURANCE AGENCY – access criteria – disability requirements – decision under review set aside – decision substituted that applicant meets the access criteria

LEGISLATION

Administrative Appeals Tribunals Act 1975 (Cth)

National Disability Insurance Scheme Act 2013 (Cth)
National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth)

REASONS FOR DECISION

1.This is an application for review of the Respondent’s decision as to access to the National Disability Insurance Scheme. 

2.There is a document as to the Applicant described as an “NDIS access decision” dated 22 March 2022[1].  That document[2] states that the Applicant does not meet the disability requirements in section 24:

“Based on the available information, you do not meet the disability requirements … in Section 24 of the [National Disability Insurance Scheme Act 2013 (Cth) (the “Act”)], specifically:
Permanency, Section 24(1)(b)
The … Act considers whether a disability is permanent, or likely to be permanent.  The available information confirms that you have PTSD and Agoraphobia with panic, and Major Depressive Disorder.  However, this information does not indicate that all available and appropriate treatment options that are likely to improve the impacts of your disability have been explored.  These treatment options must be explored before this requirement can be met.  It is important to note that a person may have a disability without meeting all, or even any, of the NDIS disability requirements.  For example, a person could have a temporary disability, or a permanent disability that does not have a substantial impact on their everyday functioning. …
Based on the available information, you do not meet the early intervention requirements as set out in Section 25 of the … Act, specifically:
Permanency or Developmental Delay, Section 25(1)(a)
The … Act considers whether a person has a permanent disability, or is a child under 6 years of age with a developmental delay.  As previously explained, this information does not indicate that all available and appropriate treatment options that are likely to improve the impacts of your disability have been explored.  These treatment options must be explored before this requirement can be met. … ”

[1]           T10, pages 49-59.

[2]           T10, pages 49-59.

3.There is a request for review of a decision dated 19 April 2022[3], which refers to the decision dated 22 March 2022[4].

[3]           T12, page 60. 

[4]           T11, page 56. 

4.There is a letter dated 12 May 2022 which is headed “Outcome of your internal review request”[5].  That correspondence refers to the decision of 22 March 2022[6] and states that the section 22 age[7] and section 23 residence[8] requirements are satisfied. It was decided that section 24 was ‘not satisfied’[9]: 

[5]           T1B, page 8. 

[6]           T1B, page 11. 

[7]           T1B, page 11. 

[8]           T1B, page 11. 

[9]           T1B, page 12. 

“To meet the disability requirements the NDIA must be satisfied that all of the five criteria in paragraph 24(1) have been met.
Criteria (a) on impairments – a disability attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or an impairment attributable to a psychiatric condition.  I am satisfied that you have a disability attributable to a psychiatric impairment as a result of Post Traumatic Stress Disorder (PTSD).  Major Depressive Disorder (MDD) and Agoraphobia with Panic.
Criteria (b) on permanence – the impairments are, or are likely to be, permanent.  I am not satisfied that this criterion has been met in relation to your psychiatric impairments.  The NDIA does not assess the permanency of a diagnosis, but rather the associated and resulting impairments (for example, impaired mobility, impaired capacity for social interaction and so on).  A person may have a lifelong diagnosis or a condition which may require ongoing medical review.  However, the impairment resulting from a diagnosed condition cannot be considered permanent until all treatment options have been completed.  It is acknowledged that you have experienced long-standing symptoms and difficulties as a result of your diagnosed conditions.  However, your treating Psychologist, Dr Nicole Morel in their reports listed in Items 2,3 and 5, indicate you are currently undertaking Cognitive Behavioural Therapy (CBT), Interpersonal Therapy, Solutions Based Therapy and trialling various medications to alleviate your symptoms and further states that your prognosis with increased functioning and behavioural activation is strong with ongoing assistance.  As you have not completed all available and appropriate treatments recommended, the likely permanency of your impairment cannot be determined at this time.  When treatment has the potential for a positive outcome, the NDIA should not conclude that the impairment is permanent and wait until the outcome of treatment is complete.  In making this determinations, I have consulted the following legislation and guidelines:

-    Section 5.4 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016, which states, an impairment is, or is likely to be permanent only if there are no known, available, and appropriate evidence-based clinical, medical or other treatments would likely to remedy the impairment.

-    Section 5.6 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016, which states, an impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent.  The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order or its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

-    Section 8.2 – Access to the NDIS Operational Guidelines states where there is  possibility of medical treatment to treat the Applicant’s condition, and the treatment has some prospect of success, the NDIA should not conclude the impairment is permanent but should wait until the outcome of the treatment is known.

Criteria (c) on functional impact – substantially reduced functional capacity, or psychosocial function, to undertake communication, social interaction, learning, mobility, self-care and/or self-management. I am not satisfied that this criterion has been met in relation to your psychiatric impairments. As noted in section 24(1)(b) your psychiatric impairments cannot be considered permanent therefore this criterion has not been met.
Section 8.3 of the NDIS Operational Guidelines states:  “The NDIA is required to consider whether any permanent impairment, or permanent impairments when considered together, result in substantially reduced functional capacity to undertake one or more of the following activities:  communication, social interaction, learning, mobility, self-care and self-management”. 
Criteria (d) on participation – affects capacity for social or economic participation.  I am satisfied that this criterion has been met in relation to your psychiatric impairments. 
Criteria (e) on lifetime NDIS support – likely to require lifetime support of the NDIS.  I am not satisfied that this criterion has been met in relation to your psychiatric impairments.  It is clear the challenges you face are unique and significant, and you would benefit from support.  However, based on the available evidence during this Internal Review I have been unable to conclude you will require the support of the NDIS for your lifetime. …
Access criteria:  Section 25 Early Intervention
Decision:  Not Satisfied … the NDIA must be satisfied that all of the three criteria in paragraph 25(1) have been met, and that the support is not more appropriately provided through other schemes or services.

5.An Application for Review of Decision by the Applicant was submitted to the Tribunal on 2 June 2022[10].  As to the date of the decision to be reviewed, the form stated 12 May 2022[11].  As to ‘why the decision is wrong’ the Applicant stated[12]:  “When I applied for a review I stated I wanted to add a report from my Clinical Psychologist … Dr … Stacey … and a decision was [made] before I was able to provide the Report … I believe this report is essential for my review as it clearly states my medical (or mental) condition as P[TS]D & Depression, Meeting DSM:V Criteria.  My condition is stated in this report as Permanent & Lifelong. … ”.      

[10]          T1, page 1. 

[11]          T1, page 4. 

[12]          T1, page 4. 

1. Further to a request by the Applicant to the Respondent to become a participant in the National Disability Insurance Scheme[13], there was then a decision whether or not the Applicant met the access criteria[14].  The Applicant requested a review of that decision[15].  There was then a decision further to that request for a review[16]. 

   [13] Section 18 of the Act.

   [14]          T10, pages 49-59.

   [15]          T12, page 60. 

   [16]          T1B, page 8. 

   7.There was no submission by the parties[17] that there was an issue as to the Applicant not ‘meeting’[18] the requirements of age[19] in section 22 and residence[20] in section 23 of the Act.

   [17]          Transcript 1 March 2024, P-11 lines 16-27. 

   [18] Section 21(1)(a) and (b) of the Act.

   [19]          T1B, page 11. 

   [20]          T1B, page 11. 

   8.Section 24 of the Act states:

   “(1)     A person meets the disability requirements if:

   (a)the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the person has one or more impairments to which a psychosocial disability is attributable; and

   (b)the impairment or impairments are, or are likely to be, permanent; and

   (c)the impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities:

   (i)       communication;

   (ii)       social interaction;

   (iii)      learning;

   (iv)      mobility;

   (v)      self-care;

   (vi)      self-management; and

   (d)the impairment or impairments affect the person’s capacity for social or economic participation; and

   (e)the person is likely to require support under the National Disability InsuranceScheme for the person’s lifetime.

   (2)  For the purposes of subsection (1), an impairment or impairments that vary in intensity may be permanent, and the person is likely to require support under the National Disability Insurance Scheme for the person's lifetime, despite the variation.

   (3)For the purposes of subsection (1), an impairment or impairments that are episodic or fluctuating may be taken to be permanent, and the person may be taken to be likely to require support under the National Disability Insurance Scheme for the person's lifetime, despite the episodic or fluctuating nature of the impairments.

   (4)      Subsection (3) does not limit subsection (2).”

   9.As to the “disability requirements” in s 24 of the Act, the Respondent submitted that the Applicant has three conditions[21]:  post-traumatic stress disorder, a major depressive disorder and agoraphobia with panic.  The Respondent submitted that it “accepts that there are issues that stem from those particular conditions in terms of impairments”[22].  The Applicant additionally referred to “severe complex trauma” as another description by Dr Stacey, clinical psychologist, as to the Applicant, in addition to “agoraphobia with pain” and “major depressive disorder”[23].  Ms Morel, psychologist, stated details as to the Applicant’s impairments[24]: 

   [21]          Transcript 1 March 2024, P-5 lines 6-8. 

   [22]          Transcript 1 March 2024, P-5 lines 19-20. 

   [23]          Transcript 1 March 2024, P-13 lines 26-36. 

   [24]          T7, page 34.

2.1 What is the person’s primary impairment (i.e., the impairment with the most impact on daily life?)	Post-traumatic Stress Disorder and Agoraphobia with Panic …
2.5 Does the person have another impairment that has a significant impact? If yes, please list.	Major Depressive Disorder – Severe, Recurrent …
2.9 Does the person have any other impairments? If yes, please list	Not within the scope of my expertise and knowledge …

10.The parties[25] both submit and it is found on the evidence referred to above, that the Applicant has ‘a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the Applicant has one or more impairments to which a psychosocial disability is attributable’ according to s 24(1)(a) of the Act.

[25]          Transcript 1 March 2024, P-5 lines 6-8 and P-13 lines 26-36. 

11.The Respondent submitted that the impairment or impairments of the Applicant are not, or are not likely to be, permanent[26]. Section 27 of the Act states that ‘the National Disability Insurance Scheme rules may prescribe circumstances in which, or criteria to be applied in assessing whether one or more impairments are, or are likely to be, permanent for the purposes of paragraph 24(1)(b) or sub-paragraph 25(1)(a)(i) or (ii)’ of the Act. The National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth) state: 

“When is an impairment permanent or likely to be permanent for the disability requirements?

5.4An impairment is, or is likely to be, permanent (see paragraph 5.1(b)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.

5.5An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity, including their psychosocial functioning, may improve.

5.6 An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent.  The impairment is, or is likely to be, permanent only if the impairment does not require further medical treatment or review in order for its permanency or likely permanency to be demonstrated (even though the impairment may continue to be treated and reviewed after this has been demonstrated).

5.7If an impairment is of a degenerative nature, the impairment is, or is likely to be, permanent if medical or other treatment would not, or would be unlikely to, improve the condition.”

[26]          Transcript, 1 March 2024, P-5 lines 34-44.

12.The Applicant referred to taking ‘about ten medications’ daily[27] at the time of the hearing and that some of those medications were for “mental issues”[28].  The Applicant stated that “other interventions”[29] ‘were put on hold to deal with the application in the Tribunal’[30].  The Applicant stated that the sessions with the psychologist[31], which ended in 2023[32], would ‘sometimes be beneficial’[33] and that ‘sometimes talking about it was very stressful afterwards’[34]. 

[27]          Transcript 1 March 2024, P-27 lines 27-29. 

[28]          Transcript 1 March 2024, P-27 line 39. 

[29]          Transcript 1 March 2024, P-28 line 25.

[30]          Transcript 1 March 2024, P-28 line 27.

[31]          Transcript 1 March 2024, P-28 line 37.

[32]          Transcript 1 March 2024, P-29 line 1.

[33]          Transcript 1 March 2024, P-29 line 7.

[34]          Transcript 1 March 2024, P-29 line 8.

13.As to whether there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment of the Applicant[35], Ms Morel stated[36]:

[35]          Rule 5.4, National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth). 

[36]          T7, page 34.

2.1 What is the person’s primary impairment (i.e., the impairment with the most impact on daily life?)

Post-traumatic Stress Disorder and Agoraphobia with Panic

2.2 How long had the person had this impairment?

Onset of difficulties that [the Applicant] experiences occurred in approximately 1963.  Difficulties have continued throughout childhood and adulthood to present day.

2.3 Is the impairment likely to be lifelong? 

Note: an impairment may be considered likely to be lifelong even if the impact on the functional capacity fluctuates or varies over time.

Yes.

2.4 Please provide a brief description of any relevant treatment undertaken (current and/or past)

[The Applicant] sought assistance from mental health professionals between 1981 and present day.  The nature of historical assistance including psychotherapy and psychopharmacological medications.  Currently [the Applicant] has continued psychopharmacological medications and has been working with me as her treating Psychologist since 15^th April 2021.  In our sessions I have utilised Focussed Psychological Strategies.  Our focus has been on assisting [the Applicant] to increase her functioning.

2.5 Does the person have another impairment that has a significant impact? If yes, please list.

Major Depressive Disorder – Severe, Recurrent.

2.6 How long has the person had this impairment?

[The Applicant]’s reports indicate that the onset of depression was in 1974.

2.7 Is the impairment likely to be lifelong?

Likely to be episodic, prognosis with increased functioning and behavioural activation is strong with ongoing assistance.

2.8 Please provide a brief of any relevant treatment undertaken (current and/or past)

As stated above:  [The Applicant] sought assistance from mental health professionals between 1981 and present day.  The nature of historical assistance including psychotherapy and psychopharmacological medications.  Currently [the Applicant] has continued psychopharmacological medications and has been working with me as her treating Psychologist since 15^th April 2021.  In our sessions I have utilised Focussed Psychological Strategies.  Our focus has been on assisting [the Applicant] to increase her functioning.

14.Dr Stacey[37], stated on 28 May 2022 that the Applicant is “quite unable to return to work and even leaving the home is fraught with anxiety and fear, except for her visiting daughter she is completely isolated.  Given the extent and severity of her mental illness, the repeated nature of her trauma history and her age I do not believe she will be capable of returning to the workforce. … Given the chronicity of her PTSD despite many months of treatment I consider this permanent and lifelong.” 

[37]          T1C, pages 17-18.

15.Dr Cross[38], general practitioner, stated on 13 September 2022 that:  “I can confirm that [the Applicant] has been diagnosed with Major Depression, Anxiety with Agoraphobia and PTSD.  [The Applicant’s] symptoms are severe and debilitating in nature, as noted by her psychology reports.  [The Applicant] is currently being treated with medication and regular psychology input and she is compliant with both. … [D]ue to the severity of her mental illness and her age, I do not feel she will be capable of returning to work.” 

[38]          T4, page 30.

16.The evidence therefore does not indicate that there are known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment of the Applicant.  An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent.  There is also not an indication that the Applicant’s impairment requires further medical treatment or review in order for its permanency or likely permanency to be demonstrated, having regard to the statements of Ms Morel[39], Dr Stacey[40] and Dr Cross[41] referred to above, even though the impairment may continue to be treated and reviewed. 

[39]          T3, page 28.

[40]          T1C, pages 17-18.

[41]          T4, page 30.

17.Where Ms Morel states that the Applicant’s impairment is “[l]ikely to be episodic”, section 24(2) of the Act states that ‘for the purposes of subsection 24(1) an impairment that varies in intensity may be permanent’. The impairment or impairments of the Applicant, are, or are likely to be, permanent[42], and are attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the Applicant has one or more impairments to which a psychosocial disability (post-traumatic stress disorder, a major depressive disorder and agoraphobia with panic) is attributable:  ‘for example, fatigue, heightened fear, difficulty with interactions, low mood’[43].    

[42] Section 24(1)(b) of the Act.

[43]          Transcript 1 March 2024, P-49 lines 18-20. 

18.As to whether the impairment or impairments result in substantially reduced functional capacity, the Respondent submitted that the Applicant ‘was short of the significant benchmark’ in that regard[44].  Rule 5.8 states:

“When does an impairment result in substantially reduced functional capacity       to undertake relevant activities?

5.8An impairment results in substantially reduced functional capacity of a person to undertake one or more of the relevant activities—communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.1(c))—if its result is that:

(a)the person is unable to participate effectively or completely in the activity, or to perform tasks or actions required to undertake or participate effectively or completely in the activity, without assistive technology, equipment (other than commonly used items such as glasses) or home modifications; or

(b) the person usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in the activity or to perform tasks or actions required to undertake or participate in the activity; or

(c) the person is unable to participate in the activity or to perform tasks or actions required to undertake or participate in the activity, even with assistive technology, equipment, home modifications or assistance from another person.” 

[44]          Transcript 1 March 2024, P-7 lines 3-5. 

19.As to functional capacity, Ms Morel[45] stated: 

“Mobility … Yes, needs special equipment … Yes, needs assistance from other persons (including physical assistance, guidance, supervision or prompting) … Whilst [the Applicant]’s psychological and emotional functioning does not impede her motor functioning, her reports indicate that she requires the use of a walker and other persons to assist her mobility.  Please refer to medical professionals (e.g., General Practitioner) for further information. …
Social interaction … Yes, needs assistance from other persons:  (including physical assistance, guidance, supervision or prompting) … [The Applicant] will require significant support to overcome the difficulties she experiences due to Agorophobia and panic.  The difficulties [the Applicant] experiences include but are not limited to in general any activity outside of her home (e.g., going shopping, engaging in hobbies and connecting socially).  [The Applicant] will further require assistance to engage in activities that will assist her to build friendships and a strong social network. …
Learning … Yes, needs assistance from other persons:  (including physical assistance, guidance, supervision or prompting) … [The Applicant]’s reports indicate that she experiences difficulties with concentration and organisation of information to meet living requirements.  For example, [the Applicant] requires assistance to complete forms required for Centrelink, financial institutions and NDIS management. … Self-Care … Yes, needs assistance from other persons in the areas of … [The Applicant] requires assistance for preparing healthy meals for her general diet, health and wellbeing.  [The Applicant] reports that she requires management of her medications (e.g., organisation of medications to be delivered via a Webster pack). … Self-Management … Yes, needs assistance from other persons:  (including physical assistance, guidance, supervision or prompting) … [The Applicant] requires assistance in attending appointments for her health and wellbeing (e.g., GP and specialist appointments).  [The Applicant] would benefit from the assistance of a Psychologist for decision making and self-management skill acquisition and maintenance.”

[45]          T7, pages 38-41.

20.The Applicant referred to having not been to the supermarket in 2024, alone[46].  The Applicant referred to being able to walk up some 7 stairs at the back of the Applicant’s residence, but fell down the front stairs ‘breaking an ankle’ or year or so ago[47].  The Applicant stated that in the days prior to the hearing ‘a friend got the Applicant some groceries and was unable to drop them to the Applicant, so the Applicant drove to the carpark at the local shops and the friend put the groceries in the car’, with the Applicant not getting out of the car[48].  The Applicant stated that the Applicant requires assistance from a friend to login to ‘mygov’[49].  The Applicant stated that she has trouble using email[50].  The Applicant referred to being “very vulnerable in public”[51].    The Applicant stated that the Applicant was unable to drive to Armidale to visit family at Christmas as the doctor would not allow the Applicant to drive.  The Applicant stated:  “ … my mental health limits the situation”[52].  The Applicant’s daughter has set up a reminder for taking medication on the phone of the Applicant[53]. 

[46]          Transcript 1 March 2024, P-23 lines 15-16. 

[47]          Transcript 1 March 2024, P-24 lines 14-19. 

[48]          Transcript 1 March 2024, P-22 lines 37-45. 

[49]          Transcript 1 March 2024, P-24 lines 14-19. 

[50]          Transcript 1 March 2024, P-24 lines 14-19. 

[51]          Transcript 1 March 2024, P-30 line 13. 

[52]          Transcript 1 March 2024, P-33 lines 9-12. 

[53]          Transcript 1 March 2024, P-37 line 19.

21.The Applicant ‘usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in self-management or to perform tasks or actions required to undertake or participate in self-management’[54].

[54]          Rule 5.8(b), National Disability Insurance Scheme (Becoming a Participant) Rules 2016 (Cth).

22.Having regard to how the Applicant organises her life, how the Applicant plans, makes decisions and looks after herself as to tasks at home, how the Applicant solves problems and the mental or cognitive ability to manage the Applicant’s life (not the physical ability to do the tasks), it is found that the impairment or impairments of the Applicant result in substantially reduced functional capacity to undertake self-management. The Applicant ‘meets’ section 24(1)(c) of the Act in that the impairment or impairments result in substantially reduced functional capacity to undertake the activity of self-management.

23.The Respondent submitted that:  “There’s 24(1)(d) and (e).  The Respondent’s position is … that … if [the Applicant] ultimately meet[s] (a), (b) and (c) … then the likely scenario is that [the Applicant] will also meet (d) and (e), and the Respondent has no issue with that.[55]”

[55]          Transcript 1 March 2024, P-7 lines 6-11. 

24.As to section 24(1)(d), Ms Bassett, occupational therapist, stated that the Applicant ‘does have functional limitation in her capacity of social interaction’[56], ‘that the Applicant will experience difficulties in her social interactions in a public setting’[57] and ‘she has difficulties in regulating her emotions when in group or community settings and feelings of anxiety and concern when in other public settings in the community such as shopping centres and things like that’[58].  The impairment or impairments of the Applicant, that are permanent, or are likely to be permanent, affect the Applicant’s capacity for social or economic participation[59].

[56]          Transcript 1 March 2024, P-42 line 36.

[57]          Transcript 1 March 2024, P-42 line 39.

[58]          Transcript 1 March 2024, P-42 line 43.

[59] Section 24(1)(d) of the Act.

25.As to section 24(1)(e), section 24(2) of the Act states: “For the purposes of subsection (1), an impairment or impairments that vary in intensity may be permanent, and the Applicant is likely to require support under the National Disability Insurance Scheme for the Applicant’s lifetime, despite the variation”. Section 24(3) of the Act states: “For the purposes of subsection (1), an impairment that is episodic[60] or fluctuating may be taken to be permanent, and the Applicant may be taken to be likely to require support under the National Disability Insurance Scheme for the Applicant’s lifetime, despite the episodic[61] or fluctuating nature of the impairment.  As referred to above, Dr Stacey stated that ‘given the chronicity of the Applicant’s PTSD … I consider this permanent and lifelong.”    The Applicant ‘is likely to require support under the National Disability Insurance Scheme for the Applicant’s lifetime’[62]. 

[60]          T7, page 34.

[61]          T7, page 34.

[62] Section 24(1)(e) of the Act.

26.The Applicant therefore “meets the disability requirements” in s 24(1)(a)-(e) of the Act. The Applicant “meets the access criteria” in s 21(1)(a), (b) and (c)(i) of the Act.

DECISION

27.The decision of the Respondent of 22 March 2022[63] is set aside and it is decided in substitution[64] that the Applicant meets the access criteria in s 21(1)(a), (b) and (c)(i) of the National Disability Insurance Scheme Act 2013 (Cth).

[63]          T1B, page 11. 

[64]          Administrative Appeals Tribunal Act1975 (Cth), s 43(1)(c)(i).

I certify that the preceding 27 (twenty-seven) paragraphs are a true copy of the reasons for the decision

.................................[SGD].......................................

Associate

Dated:  5 September 2024

Date of hearing:	1 March 2024
Date of final submissions:	26 April 2024
Applicant:	In person
Solicitor for the Respondent:	Mr P. Crethary (HWL Ebsworth Lawyers)