White and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of White and the National Disability Insurance Agency. The applicant, Ms. White, sought review of a decision by the National Disability Insurance Agency (NDIA) that she did not meet the access criteria for the National Disability Insurance Scheme (NDIS). The core of the dispute concerned whether Ms. White's disability met the requirements for access to the NDIS.

The Tribunal was required to determine whether Ms. White satisfied the disability requirements for access to the NDIS, specifically whether her intellectual impairment was permanent and resulted in a functional capacity that was substantially reduced. This involved assessing the nature and impact of her intellectual impairment in accordance with the relevant legislative provisions and guidelines.

Senior Member Katter reasoned that the evidence presented established that Ms. White's intellectual impairment was permanent. The Tribunal considered expert reports detailing the nature of her impairment and its impact on her daily functioning. Applying the principles of the *National Disability Insurance Scheme Act 2013* (Cth) and relevant NDIS Access Criteria Operational Guidelines, the Tribunal found that the impairment resulted in a substantially reduced functional capacity. Consequently, the Tribunal set aside the NDIA's original decision and substituted a new decision that Ms. White meets the access criteria for the NDIS.