What section 25 says
There are two ways to meet the NDIS access criteria on disability grounds: the disability requirements in section 24, or the early intervention requirements in section 25. The NDIA must consider both separately. Under section 25 you need:
- A permanent, or likely permanent, intellectual, cognitive, neurological, sensory or physical impairment, or an impairment that causes a psychosocial disability, or, for a young child, developmental delay
- Evidence that early intervention supports are likely to reduce your future need for disability support
- Evidence that they are likely to help by reducing the impact of the impairment, preventing your functioning getting worse, improving it, or building the capacity of your family and carers
- That those supports would be NDIS supports, rather than something health, education or another system should provide
Who it is for
Most people who join under early intervention are young children, but the requirements are not limited by age. The Act notes that a person with a degenerative condition can, in some circumstances, meet the early intervention requirements, because the right support early can slow decline.
For children, developmental delay has a specific meaning in the Act. It applies to a child under 6 whose delay substantially reduces their functioning in self care, receptive and expressive language, cognitive development or motor development, and who needs coordinated, interdisciplinary support over an extended period. A diagnosis is not required for this pathway.
How it differs from the disability requirements
The disability requirements ask whether your impairment substantially reduces your functional capacity now and whether you will need support for life. The early intervention requirements ask a different question: will support now make a real difference to how much support you need later?
Some conditions are prescribed in the NDIS rules, so the NDIA is taken to be satisfied that early intervention will help. The NDIA keeps a list of these conditions for young children, known as List D.
The early childhood approach
Children younger than 6 with developmental delay, and children younger than 9 with disability, are usually supported through the NDIS early childhood approach. An early childhood partner works with your family, can offer short term early supports without your child needing to be an NDIS participant, and can help you apply for the NDIS if your child needs longer term support.
Early intervention is meant to be reviewed
Early intervention is designed to change things, so the NDIA checks whether it is still needed. In circumstances set by the NDIS rules, the NDIA must decide whether you still meet the early intervention requirements. If you do not, it considers whether you meet the disability requirements instead. If you meet neither, your participant status can be revoked.
This is why progress reports matter. Clear reports from your therapists about what has changed, what is still hard and what support is still needed give the NDIA the right picture.
Thriving Kids and children 8 and under
From 1 October 2026 Thriving Kids supports started rolling out outside the NDIS for children 8 and under with developmental delay or autism and low to moderate support needs. Until 1 January 2028 children can still apply for the NDIS under the current rules, and children already in the NDIS keep their plans.
From 1 January 2028, new applicants in that group with low to moderate needs will be supported by Thriving Kids instead. Children with high support needs, or permanent and significant disability, remain eligible for the NDIS.