Document ID: chunk:federal_register_of_legislation:F2018C00165:body:0:p7
Version: federal_register_of_legislation:F2018C00165
Segment Type: other
Provision Reference: 
Character Range: 16308–19340

another person.
                     Paragraph 5.8 is made for the purposes of paragraph 27(b) of the Act.

       Part 6 When does a person meet the early intervention requirements?
    6.1 A person does not meet the early intervention requirements if the CEO is satisfied that early intervention support for the person is more appropriately funded or provided through another service system (service systems is defined in paragraph 8.4) rather than the NDIS.
    6.2 However, a person meets the early intervention requirements if:
       (a) the person:
           (i) has one or more identified intellectual, cognitive, neurological, sensory or physical impairments that are, or are likely to be, permanent (see paragraphs 6.4 to 6.7); or
           (ii) has one or more identified impairments that are attributable to a psychiatric condition and are, or are likely to be, permanent (see paragraphs 6.4 to 6.7); or
           (iii) is a child who has developmental delay; and
       (b) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by reducing the person's future needs for supports in relation to disability (see paragraphs 6.8 to 6.11); and
       (c) the CEO is satisfied that provision of early intervention supports for the person is likely to benefit the person by:
           (i) mitigating or alleviating the impact of the person's impairment upon the functional capacity of the person to undertake communication, social interaction, learning, mobility, self-care or self-management; or
           (ii) preventing the deterioration of such functional capacity; or
           (iii) improving such functional capacity; or
           (iv) strengthening the sustainability of informal supports available to the person, including through building the capacity of the person's carer (see paragraphs 6.8 to 6.11).
                     Paragraph 6.1 summarises subsection 25(3) of the Act. Paragraph 6.2 summarises subsection 25(1) of the Act.
    6.3 This Part sets out rules relating to some of the elements in paragraph 6.2 above, however, in order to meet the early intervention requirements, all of the requirements in that paragraph need to be satisfied.

When is an impairment permanent or likely to be permanent for the early intervention requirements?
    6.4 An impairment is, or is likely to be, permanent (see paragraphs 6.2(a)(i) and (ii)) only if there are no known, available and appropriate evidence-based clinical, medical or other treatments that would be likely to remedy the impairment.
    6.5 An impairment may be permanent notwithstanding that the severity of its impact on the functional capacity of the person may fluctuate or there are prospects that the severity of the impact of the impairment on the person's functional capacity may improve.
    6.6 An impairment may require medical treatment and review before a determination can be made about whether the impairment is permanent or likely to be permanent. The impairment is, or