YBLR and National Disability Insurance Agency

The Administrative Appeals Tribunal considered the application of YBLR (the Applicant) for a review of a decision made by the National Disability Insurance Agency (the Respondent) concerning the Applicant's disability support plan. The core dispute revolved around whether the Applicant's requested supports were reasonable and necessary within the meaning of section 34 of the *National Disability Insurance Scheme Act 2013* (Cth), and whether they represented value for money, were effective and beneficial, and were most appropriately funded through the NDIS.

The Tribunal was required to determine several legal issues, including whether the Applicant's requested supports were related to her disability, whether her funds should be self-managed or Agency-managed, and crucially, whether the Tribunal possessed sufficient evidence to make a determination on the reasonableness and necessity of the requested supports. The Applicant was seeking funding for supports for which funding already existed, adding a layer of complexity to the assessment.

The Tribunal reasoned that if assessments for home modifications and assistive technology were conducted by appropriately qualified assessors, the Applicant might be eligible for additional funding for these supports. The Tribunal ultimately set aside the decision under review and remitted the matter for reconsideration. The directions included specifying funding for an iontophoresis machine, assessments for home modification and assistive technology needs, and that the Applicant's funds should be self-managed with regular contact from the Agency as a safeguard. The re-assessment date was set for 12 months from the decision date, with existing reasonable and necessary supports to be replicated on a pro-rata basis until that time.