Disability requirement — substantially reduced functional capacity (NDIS rule 5.8)
20 Disability requirement — substantially reduced functional capacity (NDIS rule 5.8)
For the purposes of section 26H(1)(c)(i) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the disability requirement in the NDIS Act section 24(1)(c).
An impairment results in substantially reduced functional capacity to undertake an activity if its result is that —
the person is unable to participate effectively or completely in the activity, or to perform tasks or actions required to undertake or participate effectively or completely in the activity, without assistive technology, equipment (other than commonly used items such as glasses) or home modifications; or
the person usually requires assistance (including physical assistance, guidance, supervision or prompting) from other people to participate in the activity or to perform tasks or actions required to undertake or participate in the activity; or
the person is unable to participate in the activity or to perform tasks or actions required to undertake or participate in the activity, even with assistive technology, equipment, home modifications or assistance from another person.
[Regulation 20 inserted: Gazette 30 Jun 2014 p. 2401-2; amended: Gazette 14 Jun 2016 p. 1822.]
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