NDIS: Morbid obesity

Pomeroy v National Disability Insurance Agency [2018] AATA 387 saw the Tribunal refuse an application for review of a decision made by the NDIA. It mostly focuses on the medical evidence relevant to the applicant, but is of more general interest for its discussion of the ‘morbid obesity’ condition. The Tribunal found that there were available treatments such that it was not a permanent condition (at [40]) and that it was most appropriately treated and provided for under the health system (at [50]). At [60] the Tribunal commented:

I accept Ms Pomeroy’s submissions to the Tribunal that her mother is not receiving adequate treatment and support through the health system to manage her impairments. However, it does not follow that the NDIS should assume responsibility for the applicant’s psychotherapy support simply because she does not receive adequate treatment and support through the health system. In particular, I refer to the decision in Young and National Disability Insurance Agency in which the Tribunal decided:

Whether or not funding is available through other general systems is not the test of whether it is most appropriately funded or provided through the NDIS. The fact that the health system does not fund entirely, or even at all, what is essentially clinical treatment, or some other form of support that is more appropriately funded through the health system, does not make it the responsibility of the NDIS.

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