Child and foster mother vs NDIA: What this decision means for NDIS plans

In a recent ruling handed down by the Administrative Appeals Tribunal (AAT), an 11-year-old girl with disabilities and her foster mother have won their case to have a significant amount of funding support reinstated after being cut by the National Disability Insurance Agency (NDIA).

The decision came after months of challenging the NDIA’s reasoning that certain supports in the foster child’s NDIS plan were not deemed as “Reasonable¬†and Necessary” to help reach her goals.

The “Reasonable and Necessary” definition in the NDIS Act is used to determine the supports and services that are to be provided under a recipient’s NDIS plan.

After the Tribunal found that these supports were indeed essential to the foster child and her carer, the court granted funding for increased support coordination, core supports including respite and leisure activities, and cognitive assessments.

This is not only a win for this NDIS recipient and her carer, but for all those families who have missed out on essential supports to date.

This decision has set a precedent for NDIS recipients to challenge assessments of what is “Reasonable and Necessary” in their plans.

For a detailed explanation of this case, please visit Disability Services Consulting’s article here.

To read more about how CCDN may be able to help you navigate the NDIS, click here.

 

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