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Tribunal: Deputy President S A Forgie

In May 2020, the National Disability Insurance Agency (the NDIA) informed the applicant that her plan had been approved. However, the applicant chose to have the plan reviewed as it did not include funding for the construction of an overhead shelter for an existing access ramp. Following a review of the initial plan, the NDIA found that they could not include construction of the shelter in the plan as this support did not relate to the participant’s disability nor did it relate to her day-to-day living costs. Therefore, the NDIA informed the applicant that they would not review the plan to include the requested home modifications.

The applicant then applied for a review by the Administrative Appeals Tribunal (the Tribunal) where the Member considered two aspects: i) did the Tribunal have  jurisdiction to review the decision not to undertake a review of a plan, and ii) whether or not the statement of participant supports was appropriate.

The Tribunal considered whether new information received between the time of the making of the participant’s plan and the request for review should have been included in the review and whether any relevant criteria had been overlooked. 

The Tribunal found that it had jurisdiction to review the decision made by the NDIA.

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