XDWZ and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the case of XDWZ and the National Disability Insurance Agency (NDIA). The dispute concerned XDWZ's eligibility for the National Disability Insurance Scheme (NDIS), specifically whether she met the access criteria under section 21 of the *National Disability Insurance Scheme Act 2013* (Cth). The Tribunal affirmed the NDIA's decision not to grant XDWZ access to the NDIS.

The legal issues before the Tribunal were whether XDWZ met the "disability requirements" under section 24 of the NDIS Act, which necessitates having an impairment that is permanent or likely to be permanent and results in a substantially reduced functional capacity in one of six prescribed activities, and whether she met the "early intervention requirements" under section 25 of the Act. The Tribunal was required to determine if XDWZ's impairments, including occipital neuralgia and post-traumatic stress disorder, were permanent and if they led to a significant reduction in her ability to perform essential daily tasks.

The Tribunal found that while XDWZ had impairments, including occipital neuralgia which was likely permanent, these impairments did not result in a substantially reduced functional capacity in any of the six prescribed activities as required by section 24(1)(c) of the NDIS Act. The Tribunal noted that evidence suggested XDWZ was capable of performing many daily tasks, such as preparing meals and attending to personal care, with some assistance from her teenage children. Consequently, the Tribunal concluded that XDWZ did not meet the disability requirements. Furthermore, the Tribunal considered the early intervention requirements under section 25 but did not make a specific finding on this point, as the failure to meet the disability requirements was determinative.

The Tribunal affirmed the NDIA's decision to refuse access to the NDIS.