NDIS: Multiple sclerosis, disability pension and the scheme requirements.

Gretton and National Disability Insurance Agency [2020] AATA 4126 (on JADE) is included here for the system differences it highlights.

The applicant made an application for NDIS participation on the basis of his multiple sclerosis, having been diagnosed as suffering from the disease in 2004. As a consequence, he is blind or partially blind in the right eye and has gait ataxia and some cognitive impairment. The Tribunal noted the impairments as likely to be permanent.

The applicant’s impairments affected at least his capacity for economic participation, as he was the recipient of a disability support pension. A person cannot qualify for such a pension unless, amongst other things, the person has an impairment and a continuing inability to work.

Central in this matter was the third NDIS disability requirement (set out in paragraph 24(1)(c) of the Act) that the applicant’s “impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of…” six categories of activity.

The focus of Mr Gretton’s case was on submissions that his impairment or impairments resulted in him having a substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, two of the six categories of activity, being “social interaction” and “learning” (at [27]).

In relation to social interaction, the Tribunal noted that the evidence did not support a substantially reduced functional capacity.

In relation to learning, the applicant stated that his learning is affected by reason of his reduced cognition and difficulty in reading texts, however the Tribunal was not satisfied that the reduction in functional capacity was substantial.

Accordingly the Tribunal held that the applicant’s impairment or impairments resulted in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the six specified categories of activity.

Given the nature of the impairments suffered by the appliicant, he may well require supports under the NDIS in the future. Currently, however, he does not (at [58]).