NDIS Changes To Legislation: NDIS Legislation Changes – Disability Requirements (Section 24)
Key changes to NDIS Legislation
Since 3 October 2024, NDIS legislation changes have been rolling out, clarifying who should apply, what the NDIS can fund, and what evidence the NDIA needs.
This is the next post in our series on those changes. For the big picture first, read our introduction to the series. You can also read the full summary of NDIS legislation changes on the NDIS website here.
In this guide, we take a look at the disability requirements (Section 24) - what's changed, what permanent impairment and functional capacity mean in everyday life, where to find List A and List B, and why this matters if you're applying to access the NDIS or your eligibility is being reassessed.
In short the update to Disability Requirements (section 24) has made it clear that people who apply to access the NDIS will need to show evidence that their disability and permanent impairments require ongoing NDIS supports.
At A Glance
Clearer intent at access: Apply when the supports you need are NDIS supports.
What the NDIA looks for: Evidence of a permanent impairment that substantially reduces day to day function, affects work or social participation, and means NDIS supports are likely needed over time. The NDIA considers an impairment is considered to be loss of or damage to your body's function.
Lists to help you check: List A conditions usually meet the disability requirements with the right evidence. List B conditions are likely permanent, but impact varies, so functional evidence is essential.
Who this affects: New applicants now, and existing participants if the NDIA conducts an eligibility reassessment. Section 3 will impact participants who undergo eligibility reassessment, rules may set out circumstances in which particular cohorts undergo eligibility reassessments.
Need help? Reach out to our team to learn more on 1800 275 223 or on our contact page.
What's changed, in simple terms
From 3 October 2024, the rules emphasise that NDIS access is for people who require NDIS supports. For further information refer to What does the NDIS fund.
Meeting the disability requirements, explained
To meet the disability requirements, the NDIA needs evidence that all of the following apply:
The disability is caused by an impairment.
The impairment is likely to be permanent.
It substantially reduces functional capacity in one or more areas, for example moving around, communicating, socialising, learning, self-care or self-management.
It affects social participation, such as work, study or community life.
The person will likely need NDIS supports over time.
What is an impairment?
The NDIS is only available to people who have a disability caused by a permanent impairment.
The NDIA considers an impairment to be a loss of or damage to how the body functions.
An impairment affects your body's functions, your body structure and how you think and learn.
Under the new rules, the NDIS looks at evidence that a disability is linked to at least one of the impairments in these categories.
The NDIS will also take into consideration if you have more than one impairment.
| Impairment category | What this includes |
|---|---|
| Intellectual impairment |
|
| Cognitive impairment |
|
| Neurological impairment |
|
| Sensory impairment |
|
| Physical impairment |
|
| Psychosocial disability |
|
What "substantially reduces" means
When the NDIA talks about a substantial reduction in functional capacity, they're asking how your impairment affects everyday life. Below are the six areas they look at:
1) Communicating
The NDIA look at how well you understand people, and how others understand you. This includes how you communicate with others to express yourself compared to other people your age. Areas that the NDIA look at include:
How you speak
How you write
How you use sign language and gestures
2) Socialising
The NDIA also look at your behaviour, and how you cope with feelings and emotions in social situations.
For example how you make and keep friends, or interact with the community, or how a young child plays with other children.
3) Learning
How you learn, understand and remember new things, and practise and use new skills.
4) Mobility, or moving around
The NDIA considers how you get out and about and use your arms or legs.
For example how easily you move around your home and community, and how you get in and out of bed or a chair.
5) Self-care
This includes personal care, hygiene, grooming, eating and drinking, and health.
For example the NDIA consider how you get dressed, shower or bathe, eat or go to the toilet.
6) Self-management (if older than 6 years old)
How you organise your life. The NDIA consider how you plan, make decisions, and look after yourself.
This might include day-today tasks at home, how you solve problems, or manage your money. This includes considering your mental or cognitive ability to manage your life, not your physical ability to do these tasks.
If your impairment usually means you need disability-specific supports to do these tasks, that points to a substantial reduction.
This can include:
A high level of support from other people such as physical assistance, guidance, supervision or prompting.
Assistive technology, equipment or home changes prescribed by a doctor or allied health professional.
Where to find the Conditions Lists A & B
You'll find two helpful lists in the Applying to the NDIS PDF: List A (page 32) and List B (page 34) available on the NDIS Our Guidelines website on this link.
Source: NDIS Our Guidelines website - image of Applying to the NDIS PDF page 32
List A shows conditions that are likely to meet the disability requirements. If a person provides evidence of a List A condition, the NDIA will likely decide they meet the disability requirements. Further information may still be required.
List B shows conditions that are likely to result in a permanent impairment, but how much it affects daily life can vary.
A person who is diagnosed with a List B condition will need to show the impact of their impairment: that it substantially reduces functional capacity (for example in moving, communicating, learning, self-care or self-management), limits social or work participation, and that NDIS supports are likely to be needed for life.
You can read more about List A and List B on the NDIS Our Guidelines website.
If you meet these requirements, you typically need ongoing support.
Useful evidence can include medical reports, allied health assessments and functional assessments that clearly link your impairment to day to day needs. This helps the NDIA understand whether the disability requirements are met.
What are the early intervention requirements?
Sometimes an impairment is permanent, but how it affects day to day life can change or it's early stages and expected to worsen over time. In these situations, a person may not meet the disability requirements yet. However, they may meet the early intervention requirements instead. Think of conditions like multiple sclerosis, where early, targeted supports can make a real difference.
What early intervention is for: Early intervention aims to lessen the impact of an impairment on a person's functional capacity by putting the right supports in place as early as possible.
Why it matters over time: These supports are intended to reduce the need for future supports and to strengthen informal supports, for example by building the capacity of family or carers so day to day life is more sustainable.
Evidence often includes assessments from your treating professionals that show why early supports will help now and into the future.
FAQs
Got a question? Reach out to our team on 1800 275 223 to learn more or use our contact page, we're here to help.
Does this change who can apply?
It makes it clear that access is for people who need NDIS supports. The disability requirements still apply and you still need to show evidence that your permanent impairment substantially reduces your functional capacity.
What if my condition is not on List A or List B?
Contact the NDIS for further guidance. The NDIA looks at your impairment and its functional impact with the evidence you provide.
What kind of evidence is best?
Recent reports from treating professionals that explain diagnosis, permanency, functional impact, and why NDIS supports are needed. The NDIA considers the recency of the evidence, relevancy and who provided it.
I'm already a participant. Do I need to reapply?
Not unless the NDIA starts an eligibility reassessment. If that happens, the same rules apply, so up to date evidence helps.
In our next blog post, we'll take a look at impairment notices, what these are and what they mean for NDIS participants.
Need Help?
If you're looking for support with managing your NDIS plan, we're here to help. Feel free to reach out if you'd like to learn more about our disability support. . Call the BCD team on 1800 275 223, we're here to help you.
At BCD, our disability support services are all about helping individuals with disabilities achieve their goals, grow their independence, and enjoy a life full of possibilities.
Information correct as at 8 September 2025. Please refer to the NDIS website for the latest updates.
Sources:
NDIS Summary of Legislation Changes - https://www.ndis.gov.au/changes-ndis-legislation/summary-legislation-changes
Applying To the NDIS - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis
Impairments - NDIS Our Guidelines – page 6 & 7 Applying To The NDIS.
NDIS Our Guidelines – page 9 Applying To The NDIS. information correct as at 1 September 2025
NDIS Our Guidelines - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis/what-happens-after-we-decide
NDIS Eligibility & Early Intervention FAQ - https://www.ndis.gov.au/applying-access-ndis/how-apply/information-gps-and-health-professionals/eligibility-and-early-intervention-faq
Disclaimer
The information provided in this blog post is for informational purposes only and should not be considered as legal, financial, or professional advice. While we strive to ensure the accuracy of the content, we encourage you to visit the relevant government websites for the most up-to-date and official information.