Document ID: chunk:federal_register_of_legislation:F2018C00165:body:0:p5
Version: federal_register_of_legislation:F2018C00165
Segment Type: other
Provision Reference: 
Character Range: 10951–13808

or
        (b) the child comes to be in the care of a person who has ongoing parental responsibility for that child and who resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or
        (c) in the case of a child whose parents are separated and who spends time with each parent, at least one of the child's parents resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A.
   4.5 Additional residence requirements do not apply to a person who on or after 1 July 2016 resides in Victoria and is on the list provided by the Victorian Government to the CEO that will comprise:
       (a)     persons on the Victorian Disability Support Register who have been assessed by the Victorian Government as requiring an urgent need for support; or
       (b)     children on the Early Childhood Intervention Service Waitlist administered by the Victorian Government.

The additional residence requirements – Western Australia
    4.6 A person meets the additional residence requirements if, on or after 1 December 2017, they are an Existing WA NDIS Participant.
Note: Existing WA NDIS Participant is defined in paragraph 8.4 of this Instrument.
Part 5 When does a person meet the disability requirements?
    5.1 The Act sets out when a person meets the disability requirements. The requirements are met if:
       (a) 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; and
       (b) the person's impairment or impairments are, or are likely to be, permanent (see paragraphs 5.4 to 5.7); and
       (c) the impairment or impairments result in substantially reduced functional capacity to undertake, or psychosocial functioning in undertaking, one or more of the following activities: communication, social interaction, learning, mobility, self-care, self-management (see paragraph 5.8); and
       (d) the impairment or impairments affect the person's capacity for social and economic participation; and
       (e) the person is likely to require support under the NDIS for the person's lifetime.
    5.2 In relation to the above, an impairment that varies in intensity (for example because the impairment is of a chronic episodic nature) may be permanent, and the person is likely to require support under the NDIS for the person's lifetime, despite the variation.
                     Paragraphs 5.1 and 5.2 summarise section 24 of the Act.
    5.3 This Part sets out rules relating to some of the elements in paragraph 5.1 above, however, in order to meet the disability requirements, all of the requirements in that paragraph need to be satisfied.

When is an impairment permanent or likely to be permanent for the