Commonwealth Consolidated Acts

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NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 24

Disability requirements

  (1)   A person meets the disability requirements if:

  (a)   the person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments or the person has one or more impairments to which a psychosocial disability is attributable; and

  (b)   the impairment or impairments are, or are likely to be, permanent; and

  (c)   the impairment or impairments result in substantially reduced functional capacity to undertake one or more of the following activities:

  (i)   communication;

  (ii)   social interaction;

  (iii)   learning;

  (iv)   mobility;

  (v)   self - care;

  (vi)   self - management; and

  (d)   the impairment or impairments affect the person's capacity for social or economic participation; and

  (e)   the person is likely to require support under the National Disability Insurance Scheme for the person's lifetime.

  (2)   For the purposes of subsection   (1), an impairment or impairments that vary in intensity may be permanent, and the person is likely to require support under the National Disability Insurance Scheme for the person's lifetime, despite the variation.

  (3)   For the purposes of subsection   (1), an impairment or impairments that are episodic or fluctuating may be taken to be permanent, and the person may be taken to be likely to require support under the National Disability Insurance Scheme for the person's lifetime, despite the episodic or fluctuating nature of the impairments.

  (4)   Subsection   (3) does not limit subsection   (2).


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