The landmark introduction of the National Disability Insurance Scheme (NDIS) has changed the way Australians with a disability can participate in society. In this article Dominic Cookman looks at the scheme and situations where a review is possible.
Overview
Australian citizens and permanent residents are eligible to apply for the scheme if they have a permanent and significant disability that affects their ability to take part in everyday activities. The scheme provides funding to participants for any ‘reasonable and necessary’ support related to their disability. The NDIS now has over 339,000 participants across all states and territories. NDIS participants have an average budget of $66,000 in their plans.
Notwithstanding these numbers, the introduction of the NDIS has given rise to large numbers of people having their requests to access the scheme turned down or, alternatively, being unhappy with the amount of support that has been approved.
Reviews of decisions
The legislation establishing the NDIS allows for you to apply for a review (appeal) of both these types of decisions. Snedden Hall & Gallop has recently acted successfully for two clients who were unhappy with decisions made by the National Disability Insurance Agency (the government authority that administers the NDIS). One of these clients applied successfully for a review of the NDIA decision to reject her application to join the scheme while the second client successfully persuaded the NDIA that its assessment of what constituted ‘reasonable and necessary’ support was insufficient.
How can we help?
The NDIS is a transformative reform for many Australians and their families. But that does not mean that it is a perfect scheme, or that it is infallible. Snedden Hall & Gallop has expertise to advise and assist in certain circumstances where an applicant is unhappy with a decision made by the NDIA. Please contact us on 02 6285 8000 or by email if you would like assistance in this area.
