Section 24 Impairment (NDIS): Plain-English Guide

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

Published March 2026  ·  NDIS AT Explained Series  ·  LowCost AT

This guide explains what a section 24 impairment is under the NDIS Act, why it is the statutory anchor for every AT claim, and what it means for documentation after Eastham [2026] FCA 147.

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.

In this guide

1. 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. All of the following must be 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 must be a contributory cause of the support need under s 34(1)(aa).

2. 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. One domain is sufficient — there is no minimum number required:

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.

3. 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 refusal pattern directly in Eastham [2026] FCA 147 and rejected it.

⚖️
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 →

4. 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 described in AT evidence.

The Eastham principle in practice

Note (b) to s 34(1)(aa) is express statutory recognition that real-world AT needs are multifactorial. A need may be affected by environmental factors and by impairments that do not satisfy s 24 — and still qualify. The task for OTs and SCs is to show how the s 24 impairment genuinely contributes, while honestly describing the full picture. Hiding complexity does not strengthen a claim — it creates credibility problems on review.

5. What this means for AT documentation

When writing an AT assessment report or funding request, address these four things specifically:

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. If the participant has multiple s 24 impairments, name each one and connect each to the relevant functional need.
2
Trace the causal chain The s 24 impairment does not need to be the only cause — but the connection must be genuine and specific to this participant. Write it out: impairment → functional limitation → need for this AT.
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. A complete picture is a credible picture.
4
Address function, not just 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.

6. 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. 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. The chain is: impairment → functional limitation → need for AT. AT addresses the functional need that the impairment creates.

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 this 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.

Is the s 24 impairment the same as the participant’s diagnosis?

Not necessarily. The NDIS is not a diagnosis-based scheme. The s 24 impairment refers to the functional impairment category (e.g. sensory, physical, cognitive) that caused substantially reduced functional capacity — not the clinical diagnosis label. Two participants with the same diagnosis may have different s 24 impairment classifications depending on how their access assessment was conducted.

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Related in the Knowledge Base

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

Primary sources: National Disability Insurance Scheme Act 2013 (Cth) ss 24, 25, 34  ·  CEO of NDIA v Eastham [2026] FCA 147 (Wheelahan J, 25 February 2026)  ·  National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Cth)

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.