NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 25 Early intervention requirements

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 25

  (1)   A person meets the early intervention requirements if:

  (a)   the person:

  (i)   has one or more identified intellectual, cognitive, neurological, sensory or physical impairments that are, or are likely to be, permanent; or

  (ii)   has one or more identified impairments to which a psychosocial disability is attributable and that are, or are likely to be, permanent; or

  (iii)   is a child who has developmental delay; and

  (b)   the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person's future needs for supports in relation to disability; and

  (c)   the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by:

  (i)   mitigating or alleviating the impact of the person's impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, self - care or self - management; or

  (ii)   preventing the deterioration of such functional capacity; or

  (iii)   improving such functional capacity; or

  (iv)   strengthening the sustainability of informal supports available to the person, including through building the capacity of the person's carer.

Note:   In certain circumstances, a person with a degenerative condition could meet the early intervention requirements and therefore become a participant.

  (1A)   For the purposes of subparagraph   (1)(a)(i) or (ii), an impairment or impairments that are episodic or fluctuating may be taken to be permanent despite the episodic or fluctuating nature of the impairments.

  (2)   The CEO is taken to be satisfied as mentioned in paragraphs   (1)(b) and (c) if one or more of the person's impairments are prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection.

  (3)   Despite subsections   (1) and (2), the person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is not most appropriately funded or provided through the National Disability Insurance Scheme, and is more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or through systems of service delivery or support services offered:

  (a)   as part of a universal service obligation; or

  (b)   in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.