Early intervention requirement — supports to benefit person (NDIS rules 6.9 and 6.10)
22 Early intervention requirement — supports to benefit person (NDIS rules 6.9 and 6.10)
For the purposes of section 26H(1)(c)(ii) of the Act, the Commission must apply the criteria set out in this regulation in deciding whether a person meets the early intervention requirements in the NDIS Act section 25(1)(b) and (c).
In deciding whether provision of early intervention supports is likely to benefit the person the Commission may consider —
the likely trajectory and impact of the person’s impairment over time; and
the potential benefits of early intervention on the impact of the impairment on the person’s functional capacity and in reducing their future needs for supports; and
evidence from a range of sources, such as expert opinion and information provided by the person with disability or their family members or carers.
The Commission is taken to be satisfied that provision of early intervention supports for a child under the age of 6 is likely to benefit the child if one or more of the child’s impairments is a mental or physical impairment which, by itself or in combination with other mental or physical impairments, results in developmental delay.
In subregulation (3) —
developmental delay has the meaning given in the NDIS Act section 9.
[Regulation 22 inserted: Gazette 30 Jun 2014 p. 2403-4; amended: Gazette 14 Jun 2016 p. 1823.]
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