NDIS Impairment Notices: How They Affect You and What to Do

[Image Description: A woman in a wheelchair sits next to a man on a bench in a park, they are looking at paperwork together.]

As part of the "Getting the NDIS Back on Track" Bill No. 1, released on October 3, 2024, impairment notices were introduced.

These came out of the NDIS review, which found that people wanted more transparency about why they were accepted into the scheme and clearer guidance on how to use their funding.

Since their introduction, impairment notices have sparked mixed reactions. Some people feel they pigeonhole people with disabilities, while others appreciate the shift away from using a diagnosis as the basis for access. Some also see these notices as going against the NDIS's goal of empowering people, because they focus more on what participants can't do, instead of highlighting their strengths or support needs.

In this blog, we'll dive into what an impairment notice is, how it might affect you, and what you can do to prepare. And yes, there are a few puzzling aspects that we'll get into as well.

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What are impairment notices?

An impairment notice is a document from the NDIS that tells you which categories of impairments you qualify for funding.

Right now, new NDIS participants get an access decision letter. This letter says whether access was granted under the disability requirements, early intervention requirements, or both. But often, it doesn’t give much more information than that.

Going forward, when an access decision is made, the impairment notice will provide extra details about why a person meets these requirements, including their specific category of impairment.

The goal is to recognise that people with the same diagnosis can have different impairments and support needs, and to make the process simpler for people with multiple disabilities, as it can often get quite confusing.

The impairment notice categories

There are six impairment categories under which you might qualify for NDIS support. You could be accepted under more than one category. They are:

• Intellectual impairments – These affect how you speak, listen, read, write, solve problems, and remember information.

• Cognitive impairments – These impact how you think, learn new things, use judgment to make decisions, and pay attention. While similar to intellectual impairments, cognitive impairments may appear later in life or after a sudden event or injury.

• Neurological impairments – These involve changes in how your nervous system functions, such as in the brain or spinal cord. Damage to these areas can affect how your nervous system processes information.

• Sensory impairments – These relate to how you see and hear, usually involving hearing or vision loss, but can include all senses.

• Physical impairments – These affect your ability to move or control parts of your body and may impact your stamina or how quickly you get tired.

• Impairments related to a psychosocial disability – These reduce your capacity to perform daily activities and tasks due to mental health issues.

Can I change my impairment notice category?

Yes, you can apply to change your Notice of Impairments, which is called varying the notice.

If you don't agree with the categories listed by the NDIS, you can request a change. To do this, you'll need to provide extra evidence supporting the categories you believe you should be accepted under.

This decision is also reviewable. If you're not happy with their decision, you can request an internal review, where a different person will look at the evidence to see if the correct category was used according to NDIS rules and laws. If they agree with the original decision, you can escalate to an external review and take it to the ART (Administrative Review Tribunal) for an independent assessment.

Whether or not they agree to update the categories, it won't change your overall eligibility to be an NDIS participant.

How will impairment notices affect me?

There are two main ways an impairment notice will come into play for everyone in the NDIS.

1 - Access: When you become an NDIS participant, you'll receive a notice that tells you the category or categories of impairment you were accepted under. If you're already a participant, you'll get this notice later, but it will still identify the type of impairment you qualify for.

2 - Spending Your Funding: Your impairment notice will also affect how you can spend your funding. Although most NDIS participants won't receive their notice of impairment until later, the NDIA has already updated the Reasonable and Necessary operational guidelines to include it.

According to the guidelines, for a service or support to be funded by your NDIS plan, it must be specifically “for the impairments you meet the disability or early intervention requirements for, or both” (emphasis mine).

So, basically, to use your funds for a particular support, it needs to relate to the impairment category you've been given (...even though you might not know what that is yet, hmm).

Timeline for impairment notices

For new participants joining the NDIS from January 1, 2025, you'll receive your notice of impairments as part of your acceptance and planning phase.

For everyone else, the timeline is a bit uncertain right now. The NDIA has said that all current participants will get their notice of impairments when they transition to something called a "new framework plan." There's not much information about what this means or when it will happen. Since creating a whole new framework for plans will take some time though, it's likely to be years away.

So wait… do I need even more evidence?

Probably not... but it might be a good idea if your current evidence is a bit thin.

If you're a current participant, the NDIS will likely use the evidence they already have on file to determine your impairment category. If they don't have enough evidence to figure out exactly where you fit, they might ask for more at that point. This could be years away, but if you want to be proactive, it might be worth keeping this in mind for any reports you get in the near future. For example, if you're getting progress reports from a therapist, ask them to specifically mention your impairments based on the categories listed above.

If you're not sure what evidence the NDIS has on file for you, you can request a copy by submitting a Participant Information Access Request. You can ask for copies of everything from planner justifications to listed disabilities and medical reports. Seeing everything they have might give you a clearer picture.

If you're at the application stage, it might be worth checking that your evidence specifically addresses one or more of the impairment categories and how it impacts your ability to live day-to-day.

The NDIS road ahead for impairment notices

Navigating the NDIS and figuring out impairment notices can feel a bit overwhelming, but don't worry, you're not alone. These notices are designed to help make things clearer and ensure you get the support you need. Whether you're new to the NDIS or already a participant, staying informed and proactive can really make a difference.

Remember, impairment notices will outline the specific categories of impairments you qualify for, which can help you understand your funding and how to use it effectively. That said, we know there are still a lot of questions up in the air. Some people are skeptical about whether these notices will make an improvement or just add another layer of bureaucracy. Only time will tell if this new system will truly benefit participants or just complicate things further.

If you ever feel unsure or need more information, don't hesitate to reach out. The Kinora community is here to support you every step of the way. So, take a deep breath, stay informed, and know that you're part of a supportive network. Together, we can navigate the NDIS and make sure you get the best possible support, even if the road ahead is a bit uncertain.