Whether NDIS can fund supports more appropriately provided but not actually offered by other health services

Burchell and National Disability Insurance Agency [2019] AATA 1256 concerned funding for an eating plan for an applicant with dysphagia as a result of cerebral palsy and cannot swallow properly.

The NDIA declined to fund the eating plan and before the Tribunal argued  that the support requested is health-related, and that health-related supports will not be funded under the National Disability Insurance Scheme Act 2013 (Cth) (the Act), even if the health system does not make it available: [5].

The Tribunal held at [42] that for a conclusion to be reached that the NDIS will not fund a health-related support which the health authorities do not fund, even if it is otherwise a reasonable and necessary support, the Act or the rules should say so.

The reviewable decision was set aside and the matter remitted for reconsideration with the direction that the support claimed, based upon the eating plan is a reasonable and necessary support.