Eligibility & Law

NDIS AT Knowledge Base / Eligibility & Law

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NDIS AT Knowledge Base

Eligibility & Law

The legal tests for NDIS AT funding, key Federal Court decisions, and what the case law means for claims in practice.

This section explains how the NDIA assesses Assistive Technology (AT) under the “reasonable and necessary” test — including disability link, evidence, and common refusal grounds.

Built for participants, OTs, Support Coordinators and PBS practitioners who need clear, evidence-ready guidance.

1 article published
2 articles coming soon
Case Law February 2026 ✓ Published

CEO of NDIA v Eastham [2026] FCA 147 — Federal Court Decision Explained

The Federal Court of Australia dismissed the NDIA’s appeal and confirmed that the s 24 qualifying impairment only needs to be a contributory cause of an AT need — not the sole or dominant cause. This is the most significant NDIS AT decision of 2026 and directly affects how every AT claim should be documented and argued.

Key findings

Para 83 — Contributory cause sufficient under s 34(1)(aa) Para 88 — Vision impairment = genuine cause, despite other conditions Paras 106–115 — Items characterised by inherent design, not use

NDIS AT Knowledge Base / Eligibility & Law / s 24 Impairment

Published March 2026  ·  NDIS AT Explained Series  ·  LowCost AT

In brief

A section 24 impairment is the qualifying disability on the basis of which a person was granted access to the NDIS. It must be attributable to an intellectual, cognitive, neurological, sensory or physical impairment, or a psychiatric condition — be permanent or likely to be permanent — and result in substantially reduced functional capacity in at least one of six domains.

For NDIS AT claims, the s 24 impairment matters because s 34(1)(aa) of the NDIS Act requires the need for a support to arise from that impairment. Since Eastham [2026] FCA 147, the impairment only needs to be a contributory cause — not the sole or dominant cause.

What section 24 actually says

Section 24 of the National Disability Insurance Scheme Act 2013 (Cth) sets out the disability requirements — the gateway conditions a person must satisfy to access the NDIS as a participant. A person meets the disability requirements if all of the following are satisfied:

s 24(1)(a)
Attributable to disability 		The person has a disability that is attributable to one or more intellectual, cognitive, neurological, sensory or physical impairments, or to one or more impairments attributable to a psychiatric condition.
s 24(1)(b)
Permanence 		The impairment or impairments are, or are likely to be, permanent.
s 24(1)(c)
Substantially reduced functional capacity 		The impairment or impairments result in substantially reduced functional capacity to undertake one or more activities in at least one of six functional domains (see below).
s 24(1)(d)
Social and economic participation 		The impairment or impairments affect the person's capacity for social and economic participation.
s 24(1)(e)
Lifetime support likely 		The person is likely to require support under the NDIS for the person's lifetime.
Important — alternative pathway

Section 25 provides a separate early intervention pathway for people who have a disability or condition that, while not currently causing substantially reduced functional capacity, would benefit from early intervention that would reduce future support needs. A person accessing the NDIS via s 25 has a s 25 impairment rather than a s 24 impairment. The same AT funding rules apply — the relevant impairment (s 24 or s 25) must be a contributory cause of the support need under s 34(1)(aa).

The six functional domains

To satisfy s 24(1)(c), the impairment must result in substantially reduced functional capacity in at least one of the following domains. There is no minimum number required — one domain is sufficient:

Communication The ability to understand and be understood by others, including verbal, written and augmentative communication.
Social interaction The ability to interact with others and to participate in community, social and civic activities.
Learning The ability to learn, including the ability to acquire, retain and use knowledge and skills.
Mobility The ability to move around, including the ability to walk, use assistive mobility devices, and use public transport.
Self-care The ability to care for oneself, including personal hygiene, dressing, eating and managing health and medical needs.
Self-management The ability to manage tasks, make decisions and engage in planning for daily life. Includes executive function and capacity for autonomous decision-making.

Why the s 24 impairment matters for AT claims

Once a person is an NDIS participant, their s 24 impairment becomes the statutory anchor for every support claim. Section 34(1)(aa) of the NDIS Act requires that a funded support be necessary to address needs of the participant arising from the s 24 impairment.

This is the provision the NDIA has historically used to refuse AT claims — arguing that a participant’s need arose from a condition that was not the s 24 impairment, or from environmental or situational factors rather than the disability itself.

The Federal Court addressed this pattern directly in Eastham [2026] FCA 147.

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CEO of NDIA v Eastham [2026] FCA 147 Federal Court of Australia · 25 February 2026

Held: Section 34(1)(aa) does not require the s 24 impairment to be the sole or dominant cause of a support need. It is sufficient that it be a genuine contributory cause. Note (b) to the provision expressly recognises that a support need may be affected by environmental factors and by impairments that do not themselves satisfy s 24.

Read the full Eastham analysis →

A participant may have multiple conditions — not all are s 24 impairments

This is one of the most practically significant points in NDIS AT practice. Many participants live with multiple conditions. Only those conditions that formed the basis of the NDIS access decision are s 24 impairments.

For example, a participant may have been granted access on the basis of a vision impairment (the s 24 impairment), but also live with arthritis, diabetes and depression. The arthritis, diabetes and depression are not s 24 impairments — but they are part of the participant’s functional reality and can legitimately be included in AT evidence.

The Eastham principle in practice

Note (b) to s 34(1)(aa) confirms that a support need may be affected by environmental factors and by impairments that do not satisfy s 24. This does not weaken the claim — it is express statutory recognition that real-world AT needs are multifactorial. The task for OTs and SCs is to show how the s 24 impairment genuinely contributes, while honestly describing the full picture.

What this means for AT documentation

When writing an AT assessment report or funding request, the documenting practitioner should:

1
Name the s 24 impairment explicitly State the qualifying NDIS impairment by name in the report. Don’t leave the delegate to work it out.
2
Identify how it contributes to the AT need Trace the causal connection. The s 24 impairment does not need to be the only cause — but the connection must be genuine and specific to this participant.
3
Include other conditions in context — don’t hide them Note (b) authorises this. Describe how other conditions and environmental factors interact with the s 24 impairment-based need. Hiding complicating factors creates credibility problems if the claim is reviewed.
4
Address function, not diagnosis The s 24 impairment defines eligibility at access stage. At the AT claim stage, what matters is its functional impact on this participant’s capacity to perform specific activities without the proposed AT.

Frequently asked questions

Can a person have more than one s 24 impairment?

Yes. The NDIA may grant access on the basis of more than one qualifying impairment. Where multiple impairments are recorded as s 24 impairments, any of them can form the basis of the causal nexus under s 34(1)(aa).

What if the participant’s condition has changed since access was granted?

The s 24 impairment is fixed at the point of access. What changes is the participant’s functional needs. A worsening of the s 24 impairment strengthens the causal case for AT; improvement may require review. A new condition arising after access does not automatically become a s 24 impairment without a fresh access assessment.

Does the AT need to directly address the s 24 impairment itself?

No. The statutory test is that the need for the support arises from the impairment — not that the AT directly addresses the impairment. AT addresses functional needs, and those needs arise from the impairment. The chain is: impairment → functional limitation → need for AT.

How do I find out what a participant’s s 24 impairment is?

The s 24 impairment is recorded in the NDIA’s access decision documentation. Participants can request their access decision through myNDIS or a formal request to the NDIA. Support coordinators and OTs can ask the participant directly, or review the plan documentation which typically references the qualifying impairment.

Part of the LowCost AT NDIS AT Knowledge Base — Eligibility & Law series. Updated March 2026.

General information only — not legal advice. This article reflects the NDIS Act 2013 (Cth) and case law as at March 2026. LowCost AT is a provider of assistive technology products, not a legal or clinical service.

Eligibility  ·  Coming soon The Reasonable and Necessary Test — s 34 Explained

All six criteria under s 34(1) and how each one applies to an AT funding claim.

Planned

Free Resources — Eligibility & Law

🗻 Eastham Evidence Map

1-page A4 reference card. Legal test, five documentation questions, what Eastham doesn’t change, Schedule notes. Print and keep in your AT folder.

Download PDF — Free
📄 OT & SC Template Paragraphs

7 copy-paste templates built around the contributory causation standard. Multi-condition clients, environmental factors, consumer product objections.

Download PDF — Free
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General information only — not legal advice. LowCost AT is a provider of assistive technology products, not a legal or clinical service.