The five tests in section 24
To join the NDIS you must meet the age and residence requirements, and either the disability requirements or the early intervention requirements. The disability requirements are set out in section 24 of the National Disability Insurance Scheme Act 2013. You need to meet all five parts:
- You have a disability caused by one or more intellectual, cognitive, neurological, sensory or physical impairments, or one or more impairments that cause a psychosocial disability
- The impairment is permanent, or likely to be permanent
- It substantially reduces your functional capacity in at least one of six activities: communication, social interaction, learning, mobility, self care or self management
- It affects your capacity for social or economic participation, such as work, study or community life
- You are likely to need NDIS supports for your lifetime
What functional capacity means
Functional capacity is about what you can actually do, not your diagnosis. The Act describes it as your ability to do an activity without help from other people, apart from everyday aids you would normally use, such as glasses or a walking stick. For a child, the help that is normal for their age is allowed for.
Each of the six activities is considered as a whole. You only need a substantial reduction in one of them, but the evidence has to show it clearly.
Conditions that vary or come and go
A condition does not have to be the same every day to count as permanent. The Act says impairments that vary in intensity, or that are episodic or fluctuating, can still be treated as permanent. This matters for many people with psychosocial disability, multiple sclerosis, epilepsy and similar conditions.
If your condition fluctuates, make sure your evidence describes your bad periods, how often they happen and how long they last, not only how you are on a good day.
How the NDIA uses the condition lists
The NDIA keeps lists of conditions to help it make decisions. If you have a condition on List A, such as autism diagnosed at level 2 or 3, the NDIA usually accepts you meet the disability requirements once a treating professional confirms the diagnosis.
If your condition is on List B, the NDIA accepts it is permanent but still needs evidence of how it affects your functional capacity. If your condition is on neither list, you can still apply. You just need evidence for each of the five tests.
The evidence you need
Evidence usually comes from your treating professionals: your GP, specialist, psychologist, occupational therapist, speech pathologist or physiotherapist. It works best when it comes from someone who has known you for a while and is about your current situation. Good evidence covers:
- Your diagnosis and the impairment it causes
- Treatments you have had and whether they are likely to change things
- How the impairment affects each relevant activity day to day
- What help you need, how often, and from whom
Disability or early intervention?
The NDIA must decide separately whether you meet the disability requirements and whether you meet the early intervention requirements. Early intervention is for people, often young children, where support now is likely to reduce the support they need later. Your access letter tells you which requirements you met, and it can be both.
What changes from 1 January 2028
Nothing changes about how people access the NDIS until 1 January 2028. From then, access will be based on a standardised assessment of how your disability affects day to day living, and the question of permanence will include whether appropriate treatment has been tried. Appropriate treatment means widely accepted, publicly funded treatment likely to make a meaningful difference. Nobody is forced to have treatment.
Current participants will be reassessed against the new criteria progressively over 3 years from 2028, and will be told well in advance. The government says people with permanent and significant disability will still be able to access the NDIS.