- WHAT IS NDIS?
- WHO CAN CLAIM UNDER NDIS?
- HOW DO YOU APPLY FOR NDIS?
- WHAT BENEFITS ARE PAID UNDER NDIS?
- HOW DOES NDIS AFFECT MY RIGHTS TO BRING A COMMON LAW CLAIM?
1. WHAT IS NDIS?
The National Disability Insurance Agency (NDIS) is a federal scheme which provides disability support for Australians with permanent and significant disabilities. The scheme was established in 2013 and currently provides “more than $22 billion in funding a year to an estimated 500,000 Australians.”
2. WHO CAN CLAIM UNDER NDIS?
The NDIS provides support to Australians with a permanent and significant disability. The NDIS defines ‘permanent and significant disability’ to pertain to disabilities which are “likely to be lifelong.”
This may include “intellectual, physical, sensory, cognitive and psychosocial” disabilities.
However, there are a few qualifications on who claim NDIS support. To be eligible for NDIS support, an applicant must:
- be under the age of 65;
- live in Australia; and
- be an Australian Citizen, Permanent Visa holder or Protected Special Category Visa holder.
NOTE: Children under the age of 6 with developmental delay may be entitled to “early intervention supports.”
3. HOW DO YOU APPLY FOR NDIS SUPPORT?
Applicants can apply to the NDIS verbally by calling NDIS on 1800 800 110 (Verbal Access Request), or in writing by submitting an Access Request form by post (GPO Box 700, Canberra, ACT 2601) or by email ([email protected]).
An application for NDIS services and funding may need to be supported by relevant evidence. This may include having your treating health professional complete a Supporting Evidence Form.
The NDIS provides assistance and funding for various aspects of participants lives. This may include funding to facilitate transportation, workplace help, help with domestic chores, home modifications and mobility equipment.
However, the NDIS cannot provide funding for expenses which are covered by another government body/agency, do not relate to the participant’s disability or which relate to day-to-day living costs which are unrelated to the participant’s disability-support needs.
5. DOES CLAIMING NDIS AFFECT YOUR RIGHT TO BRING A COMMON LAW OR STATUTORY CLAIM FOR PERSONAL INJURIES?
There may be circumstances in which a participant in the NDIS is also pursuing compensation/damages in relation to a personal injury claim. This is likely to arise where an injured person suffers a permanent and significant disability as a result of a motor vehicle accident or due to medical negligence.
Where an NDIS participant has a personal injury compensation claim, they may be required to notify the NDIS of their claim. If the participant is paid compensation as a result of their personal injuries claim, they may be required to make a repayment back to the NDIS.
Whether a claimant is an NDIS participant may also be relevant to whether they can claim future expenses (such as medical treatment and support services) as part of their personal injuries claim. This is because it is arguable that the claimant’s future are needs will be met by the NDIS services/supports.
 LexisNexis Australia, Practice Guidance AU – Personal Injury QLD: National Disability Insurance Scheme (NDIS) <https://advance.lexis.com/document/lpadocument/?pdmfid=1201009&crid=7defae62-7df9-4584-80f0-eb76eb6badf0&pddocfullpath=%2Fshared%2Fdocument%2Fpractical-guidance-au%2Furn%3AcontentItem%3A5WHY-7TM1-DY33-B3R9-00000-00&pdcomponentid=406350&pdpinpoint=CITEID_713964&pdcontentcomponentid=406350&pdcurrmodid=1013014&ecomp=t8thkgk&prid=af8bd2c0-888f-41c1-b408-e030aca7b329#>
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