Winn and National Disability Insurance Agency

The matter of *Winn and National Disability Insurance Agency* concerned an application for Specialist Disability Accommodation (SDA) under the National Disability Insurance Scheme. The applicant, Mr. Winn, sought eligibility for SDA, which is governed by specific rules, including criteria relating to extreme functional impairment and very high support needs. The National Disability Insurance Agency (NDIA) had previously decided that Mr. Winn did not meet these eligibility requirements.

The core legal issues before the Tribunal were whether Mr. Winn's circumstances met the definition of "extreme functional impairment" as stipulated in section 12 of the *National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020* (Cth) and whether he demonstrated "very high support needs" under section 13 of the same Rules. These assessments were crucial for determining his eligibility for SDA funding.

Deputy President Mischin considered evidence regarding Mr. Winn's significant physical and neurological disabilities, including partial amputation, wheelchair confinement, cardiac arrhythmias leading to multiple strokes, aphasia, dysphasia, and balance issues. The Tribunal also took into account Mr. Winn's recent change in living arrangements, moving from Tasmania to Western Australia and then to a temporary shared house, highlighting the challenges in finding suitable accommodation. Despite acknowledging the applicant's substantial needs and the limitations of his current housing, the Deputy President was not satisfied that Mr. Winn met the specific threshold for extreme functional impairment or very high support needs as defined by the SDA Rules.

Consequently, the Tribunal affirmed the NDIA's decision, finding that the applicant did not satisfy the eligibility requirements for SDA. The Respondent was therefore not responsible for the provision of housing assistance to the applicant under the SDA scheme.