Impairment Notices – the NDIS introduced this new term and new legislation to accompany it. Since January 1st, 2025, all new NDIS participants receive an Impairment Notice as part of their access determination to the NDIS.
The NDIS hasn’t specified a time frame for existing participants to receive their Impairment Notices, but they have confirmed everyone will receive one eventually, with the implementation happening gradually.
How Impairment Notices Affect Your NDIS Plan
Instead of relying on a disability diagnosis, the NDIS now focuses on the impairment/s, a person experiences. People with the same disability diagnosis can have very different impairments, which means their support needs can also differ.
The Six Categories of NDIS Impairments
- Intellectual
- Cognitive
- Sensory
- Neurological
- Physical
- Psychosocial
The NDIS will notify each participant which of these categories they have been determined to have impairments in. The goal is to individualise support and fund only the needs that arise from these impairments.
Impairment Notice affects will be far and wide, including:
- To new and existing participants
- NDIS providers
- Plan nominees
How Do Impairment Notices Affect Funding?
Section 34 of the NDIS Act stated that support needs must be reasonable and necessary. There’s now a new addition, Section 34aa which says:
“The support is necessary to address needs of the participant arising from an impairment in relation to which the participant meets the disability requirements (see section 24) or the early intervention requirements (see section 25)”.
Example:
Emma has spina bifida, which affects her ability to walk. Because her Impairment Notice recognises her physical impairment, she can get NDIS funding for a wheelchair and physiotherapy to help with mobility. This meets the criteria because:
- It is reasonable and necessary
- It is a need that arises from her physical impairment
However, Emma also has vision impairment. If the NDIS hasn’t recognised a sensory impairment in her Impairment Notice, she wouldn’t be able to get support for that condition, even if she has a diagnosis.
The NDIS will only fund support for impairments listed in the participant’s Impairment Notice. If a condition isn’t classified as an impairment, it won’t be funded.
The Complexity of Disability and Impairments
This is a simple example, but disability diagnoses and impairments are often complex. Many people have multiple impairments and several support needs. This can make it difficult to determine what is directly linked to an individual’s functional impairment.
After the legislative updates, the government added:
“A participant’s disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by a variety of factors, including environmental factors or the impact of another impairment in relation to which the participant does not meet either of those requirements”.
This acknowledges the complexity of impairments and that other factors can affect support needs. NDIS funding will still be limited to impairments officially recognised in the participant’s Impairment Notice.
Steps to Review or Update Your Impairment Notice
As with any major change, there will be some confusion and a period of adjustment. Thankfully, Impairment Notice decisions can be reviewed.
To request a review, you would need to complete this NDIS request for review form.
Join us for a free information session, available in person and online
Sylvanvale is running free information sessions which cover everything you need to know about the introduction of NDIS Impairment Notices.
Clients, plan nominees, staff, carers and guardians are welcome to attend.
For more information please visit our events page here.
