NDIS funding for supports not actually offered by 'mainstream' health services: Burchell and NDIA
Key points In Burchell and NDIA [2019] AATA 1256 [opens in new window] the Tribunal chose not to follow previous Tribunal decisions on the issue of whether a support which would be appropriately provided by the health system, but which is in fact not provided, was a reasonable support for the purposes of the NDIS. The Tribunal decided that it was not the case that the NDIS would never provide a health-related support which the health authorities did not fund. This case has important consequences for how the NDIS fits in with mainstream health services. Facts Colin Burchell is a 34 year old who has profound physical and mental disabilities, including dysphagia (difficulty swallowing). Previously his disability support was provided by the NSW Department of Ageing, Disability and Home Care. The NSW funding ceased in 2018 (presumably as part of the transition to the NDIS). Colin's dysphagia means that it is very difficult for him to eat and drink. Colin requires thic