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NDIS explained

What counts as a permanent impairment for the NDIS?

Updated 19 October 2026 · Checked against official NDIS and government sources

In plain English

Under the NDIS rules, an impairment is permanent, or likely to be permanent, only if there are no known, available and appropriate evidence based clinical, medical or other treatments that would be likely to remedy it. It can still be permanent if its impact goes up and down or may improve. The NDIA needs evidence of your diagnosis, treatment history and why further treatment is unlikely to fix it.

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.

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Common questions

What does permanent mean for the NDIS?

It means there are no known, available and appropriate evidence based treatments likely to remedy your impairment. It does not mean your symptoms are the same every day.

Can a mental health condition be a permanent impairment?

Yes. Impairments that cause a psychosocial disability can be permanent, even if they are episodic or fluctuating. Evidence should show your treatment history and why further treatment is unlikely to remedy the impairment.

Do I have to try every treatment before applying?

No. The test is about known, available and appropriate evidence based treatments. From 2028, appropriate treatment means widely accepted, publicly funded treatment likely to make a meaningful difference, and nobody is forced to have treatment.

Is a degenerative condition permanent for the NDIS?

Yes, if medical or other treatment would not, or would be unlikely to, improve the condition.

Who can confirm my impairment is permanent?

Your treating professionals, usually your GP or specialist, supported by allied health reports. The NDIA makes the decision based on that evidence.

Sources

This page is general information, not advice about your plan. NDIS rules change, so check the NDIA or your plan manager before making decisions.

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