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The National Disability Insurance Scheme (NDIS) is a government-run scheme designed to help people with disability enjoy their lives to the fullest.


What is the NDIS?

The NDIS will fund ‘reasonable and necessary’ supports such as mobility equipment, workplace help and therapeutic supports.

The scheme offers support through flexible NDIS plans, tailored to offer the support each participant needs to reach their personal goals. This may include goals such as:

  • Employment
  • Greater independence
  • Actively participating in the community

Are you eligible?

To become an NDIS participant, you must meet certain eligibility requirements and make an access request through the National Disability Insurance Agency.

Consider whether you are:

  • Australian citizen or permanent resident or Protected Special Category Visa;
  • Under 65 years old;
  • Living in an area the NDIS is currently available;
  • Have a disability that is attributable to intellectual, cognitive, neurological, sensory or physical impairments, or impairments attributable to a psychiatric condition; and
  • The impairment/s are, or are likely to be, permanent; and
  • The impairment/s result in substantially reduced functional capacity / or psychosocial functioning in undertaking, one or more of the following:-
  • Communication;
  • Social interaction;
  • Learning;
  • Mobility;
  • Self-care;
  • Self-management; and,
  • The impairment/s affect the person’s capacity for social and economic participation; and,
  • The person is likely to require support under the NDIS for the person’s lifetime.

Alternatively, children under 6 years of age with a permanent impairment or condition may be eligible for early intervention support where this would:

  • An identified intellectual, cognitive, neurological, sensory or physical impairment/s that are, or are likely to be permanent; or
  • identified impairment/s that is attributable to a psychiatric condition and is likely to be permanent; or
  • has developmental delay; and
  • Early intervention supports are likely to benefit the child by reducing their future needs for supports in relation to disability.

For more detailed information about eligibility criteria and the roll out dates for the NDIS in your area, visit www.ndis.gov.au or phone on 1800 800 110.

In some situations, even if you are not eligible to become a participant, the National Disability Insurance Agency can provide you with information and connect you with support services in your community.

Compensation and the NDIS

The NDIS is not intended to replace existing entitlements to compensation – you are still able to pursue compensation from alternative sources.

Eligibility into the NDIS is not impacted by receiving compensation or currently pursuing a claim for compensation. Compensation can however, impact the amount of funding that is received from NIDS (please note that there are some forms of compensation that are not taken into account). If you have received compensation for care and support, then the level of funding that you will receive from the NDIS in the future could be reduced to factor the compensation into account so as to ensure a person is not recovering for the costs of these twice. The NDIA apply a complex formula to work out the yearly reduction in the funding package and to ascertain how long the reduction will apply.

When recovering compensation, you may also have to repay the NDIS for past support and services that you have received.

If applying for the NDIS it is important that you notify NDIS of your compensation (or current compensation claim) and inform your lawyer that you have applied for NDIS.

Shine Lawyers and the NDIS

If you need any further assistance Shine Lawyers’ team of superannuation and disability insurance lawyers can offer you an obligation-free consultation.

For more information on the NDIS, check out the quick guide.

Who is Shine Lawyers' Superannuation & Insurance Law team?

Shine Lawyers' Superannuation & Insurance team includes some of the firm’s most experienced special counsel, solicitors and support staff, including law clerks and paralegals. The team includes:

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