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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. Self‐care
    6. Self‐management; and

    - The impairment or impairments affect the person’s capacity for social or economic participation; and

    - The person is likely to require NDIS supports under the National Disability Insurance
    Scheme for the person’s 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 person’s 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 person’s impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, self‐care or self‐management; 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 person’s 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.

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