Have you heard the term Impairment Notice being discussed in the context of NDIS? Not sure what it means? Read on below to find out more about one of the most recent additions to the 'NDIS Glossary'.... Starting on 1st January 2025, every new participant accessing the NDIS will receive what is unfortunately being called an 'impairment notice'. For those pre-existing participants, already on the NDIS, these notices will be distributed "over time" (which is NDIS-speak for "not sure when, everyone will eventually get one, but the NDIA isn’t committing to an exact timeline given their current workload").
What is an Impairment notice?
Unlike previous assessments that focused more on disability diagnosis, impairment notices will emphasise the specific impairments that make a person eligible for the NDIS. This new system categorises impairments into six types:
cognitive
intellectual
neurological
physical
psychosocial
sensory
Participants may find their NDIS-eligible impairments classified under multiple categories; for example, someone could be recognised as having intellectual and physical impairments, based on how their diagnosed disability impacts their functioning. This approach moves beyond diagnosis to reflect that two individuals with the same diagnosis can experience very different impairments. We are hoping that this is aimed towards fostering more personalised support, but whether that actually occurs will remain to be seen. This is important in childhood and in particular with Neurodivergent conditions, because there are often different presentations, including physical symptoms/sequealae (consequences) of diagnoses such as Autism, for example toe walking and gait differences, that aren't well understood by medical professionals, let alone the NDIA.
How will impairment notices influence NDIS support?
Though it will still be a couple of months before impairment notices are fully rolled out, we know they will play a significant role in shaping support plans. A participant's support, defined in section 34 of the NDIS Act—known as "Reasonable and Necessary"—has received some updates within the most recent round of legislative changes. For the purpose of this particular post, new addition to this section:
Section 34(1) aa:"the support is necessary to address the participant's needs arising from an impairment relevant to their eligibility under the disability or early intervention requirements."
Currently, it’s not entirely clear how “arising from” will be interpreted, but it could mean that a participant's impairment (which qualifies them for NDIS access) must justify the support needed. This is where recognition that people often have overlapping diagnoses and complex support needs that don’t map out easily is VERY important, and what we are concerned will be lost in actual NDIA practices.
I think the most concerning part of this part of the legislation lies in the note toward the end of the legislative drafting, which says:
"a participant's disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by various factors, including environmental factors or other impairments not meeting either requirement."
This in effect means, that the NDIS could potentially seek to decline certain disability supports for an individual's needs, which could otherwise be influenced by other impairments or environmental factors, even if those aren’t listed on the participant's impairment notice.
In the meantime, before impairment notices exist and are posted - some readers may notice a timeline gap: whilst the new legislation and revised “Reasonable and Necessary” criteria (Including the 'in' and 'out' lists of NDIS supports) took effect on 3rd October 2024, existing participants haven’t yet received impairment notices. This means that existing participants undergoing plan reviews may need to prove that their support needs are linked to the impairments granting them NDIS access—a particularly challenging task without an impairment notice.
This may feel like the classic "chicken and egg" dilemma. But there's a useful option: participants (or their representatives) can submit a “Participant Information Access” request to the NDIA. This will provide access to details such as:
Access Request Form (ARF)
Evidence of Disability (EOD)
Supporting Evidence Form (SEF)
Access Decision and its rationale
While this isn’t a formal impairment notice, it can give an indication of which impairments the NDIA may recognise, based on their records. This information could help determine eligibility for support until impairment notices are issued.
Can impairment notices be reviewed?
During this transition, participants can be reassured that impairment notices will be reviewable. This means they can request a variation to add or remove recognised impairments at any time after being granted access. If the NDIA refuses, participants have the right to seek an internal review.
What won’t change
While impairment notices and categories introduce new terminology, the NDIS system has operated similarly for years. NDIA systems and access requests have classified impairments as “primary and secondary disabilities,” with a practical focus on documenting the functional impacts of disabilities when assessing support needs.
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