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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 21

When a person meets the access criteria

             (1)  A person meets the access criteria if:

                     (a)  the CEO is satisfied that the person meets the age requirements (see section 22); and

                     (b)  the CEO is satisfied that, at the time of considering the request, the person meets the residence requirements (see section 23); and

                     (c)  the CEO is satisfied that, at the time of considering the request:

                              (i)  the person meets the disability requirements (see section 24); or

                             (ii)  the person meets the early intervention requirements (see section 25).

             (2)  If the CEO is not satisfied as mentioned in subsection (1), the person meets the access criteria if the CEO is satisfied of the following:

                     (b)  the person:

                              (i)  was receiving supports at the time of considering the request or, if another time is prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph, at that other time; and

                             (ii)  received the supports throughout the period (if any) prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph; and

                            (iii)  received the supports under a program prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph;

                     (c)  if the person becomes a participant, the person would not be entitled to receive the supports referred to in paragraph (b), or equivalent supports;

                     (d)  the person satisfies any other requirements prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

             (3)  The CEO is taken to have decided that the prospective participant does not meet the access criteria if:

                     (a)  the CEO does not do a thing referred to in paragraph 20(1)(a) or (b) within the period applicable under section 20; or

                     (b)  if subsection 26(2) applies--the CEO does not do one of the things referred to in that subsection within the 14-day period referred to in that subsection.

Note:          Notice of a decision that the CEO is taken to have made must be given because of subsection 100(1) and will be automatically reviewed because of subsection 100(5).



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