Why permanence matters
To meet the NDIS disability requirements, your impairment must be permanent or likely to be permanent. The NDIS is designed for lifelong disability. Conditions that are expected to get better with treatment are the responsibility of the health system.
The early intervention requirements use the same test for impairments, although young children with developmental delay can meet those requirements without showing permanence.
The test the NDIA applies
The NDIS (Becoming a Participant) Rules 2016 explain how permanence is decided. In summary:
- An impairment is permanent only if there are no known, available and appropriate evidence based treatments that would be likely to remedy it
- It can be permanent even if its impact on you fluctuates, or might improve
- If it still needs treatment or review before anyone can say whether it is permanent, it is not yet treated as permanent. Ongoing treatment after permanence is shown is fine
- A degenerative impairment is permanent if treatment would not, or would be unlikely to, improve the condition
Conditions that come and go
The NDIS Act says impairments that vary in intensity, or that are episodic or fluctuating, can still be permanent. This covers many people with psychosocial disability, epilepsy, multiple sclerosis or chronic pain conditions.
Permanence is not the same as being unwell every day. What matters is whether the underlying impairment is enduring and whether the available treatments are likely to remedy it.
Evidence that shows permanence
Ask your treating professionals to cover these points clearly in their letters or reports:
- Your diagnosis, when it was made and how long you have had the impairment
- The treatments you have tried, for how long, and what effect they had
- Whether any further evidence based treatment is available and likely to remedy the impairment, and if not, why not
- Their professional view on whether the impairment is permanent or likely to be permanent
What changes from 1 January 2028
Under the Securing the NDIS for Future Generations reforms, from 1 January 2028 the permanence test will include looking at whether appropriate treatment has been tried. Appropriate treatment means widely accepted, publicly funded treatment likely to make a meaningful difference, not trying everything.
You will not be expected to have treatment that is unsuitable or risky, could cause serious long term side effects or affect fertility, or invasive interventions such as cochlear implants. Restrictive practices never count as treatment, and nobody is forced to have treatment. Until 2028, the current rules apply.
If the NDIA says your impairment is not permanent
You can ask for an internal review of the access decision. Read the reasons carefully. Often the NDIA thinks a treatment has not been tried or is still under way. A letter from your specialist explaining what has been tried and why further treatment is unlikely to help can answer that directly. You can also make a new access request later with stronger evidence.