A recent decision of the Federal Court of Australia may broaden NDIS access for some people who also receive aged care supports.
In Sutherland v NDIA, the Court rejected the NDIA’s narrow interpretation of eligibility criteria that had excluded applicants who could access supports through other government systems, including aged care. The NDIS Act requires a person to demonstrate they are likely to need NDIS supports for their lifetime. The NDIA had argued this requirement was not met if those supports could instead be provided through another system.
The Court disagreed, finding that the test relates to the ongoing nature of a person’s disability support needs — not whether alternative systems might fund similar supports. As a result, individuals with early access to aged care packages may still qualify for the NDIS, provided they meet all other criteria.
For providers, the ruling highlights the importance of understanding eligibility boundaries, transitional rules, and funding responsibilities between aged care and disability systems. It may also prompt renewed applications or reviews for participants previously found ineligible.