A new Federal Court decision has confirmed that a person with early access to an Aged Care package is eligible for the NDIS. This decision matters because the NDIA has been rejecting applications to the Scheme through a narrow interpretation of the eligibility requirements. The NDIS Act states that a person must establish that they are likely to require an NDIS support for their lifetime. The NDIA interpreted this to mean that a person would not be eligible for the NDIS if the support they required could be provided by another government system. The Federal Court found the NDIA’s approach was incorrect. This decision might also impact people who access other service systems (e.g. accident or injury compensation Schemes) who have been found ineligible for the NDIS. 

Federal Court decisions set precedents. So legally, the NDIA would be expected to follow the Federal Court’s interpretation of the law (or appeal the decision).