RELEVANT SECTIONS OF THE NDIS ACT 2013 FOR NDIS ACCESS
The following sections of the NDIS Act 2013 are essential to understand when applying for
NDIS funding. The criteria for these sections must be met in order to access NDIS funding.
The sections are outlined as follows:
A person meets the access criteria if:
- The person meets the age requirements (section 22); and
- At the time of considering the request, the person meets the residence requirements (section
23); and - At the time of considering the request:
- The person meets the disability requirements (section 24); or
- The person meets the early intervention requirements (section 25)
A person meets the age requirements if the person was aged under 65 when
the access request in relation to the person was made.
A person meets the residence requirements if the person:
- Resides in Australia; and
- Is one of the following:
- an Australian citizen;
- the holder of a permanent visa;
- a special category visa holder who is a protected SCV holder.
A person meets the disability requirements if:
- 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- The impairment or impairments are, or are likely to be, permanent; and
- The impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities:
1. Communication
2. Social interaction
3. Learning
4. Mobility
5. Selfâcare
6. Selfâmanagement; and- The impairment or impairments affect the personâs capacity for social or economic participation; and
- The person is likely to require NDIS supports under the National Disability Insurance
Scheme for the personâs lifetime.
A person meets the early intervention requirements if:
(a) The person:
- Has one or more identified intellectual, cognitive, neurological, sensory or physical
impairments that are, or are likely to be, permanent; or - Has one or more identified impairments to which a psychosocial disability is attributable and that are, or are likely to be, permanent; or
- Is a child who has developmental delay; and
(b) Provision of early intervention supports for the person is likely to benefit the
person by reducing the personâs future needs for supports in relation to disability;
and
(c) Provision of early intervention supports for the person is likely to benefit the
person by: - Mitigating or alleviating the impact of the personâs impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, selfâcare or selfâmanagement; or
- Preventing the deterioration of such functional capacity; or
- Improving such functional capacity; or
- Strengthening the sustainability of informal supports available to the person, including through building the capacity of the personâs carer; and
- Any early intervention supports that would be likely to benefit the person as mentioned in paragraphs (b) and (c) would be NDIS supports for the person.
Additional Resources
National Disability Insurance Scheme Act 2013, National Disability Insurance Scheme Act 2013 Federal Register of Legislation
