YPRM v National Disability Insurance Agency [2016] AATA 1023 appears to be the first published decision concerning a review of an NDIA decision on early intervention access criteria for the Scheme.

The applicant was a 5 year old girl, diagnosed as suffering from diabetes. She met the age and residence requirements of the NDIS but not all of the section 24 disability requirements. In issue was whether she met the section 25 early intervention requirements: {1], [4].

The Tribunal was not satisfied that the child’s diabetes affected her functional capacity for social interaction, learning, self-care and self-management in any relevant sense: [20]. Even if the child was so affected, the Tribunal was not satisfied that any early intervention support would be most appropriately funded through the NDIS, as opposed to the health care system: [21].

The Tribunal’s decision included reference to the financial sustainability of the NDIS, having regard to data on the number of persons in Australia with an equivalent condition and various estimated costs for reasonable and necessary supports.

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