In our first post, we outlined the key updates to
NDIS legislation that took effect on 3 October 2024 and are rolling out over time.

As the NDIS changes are still evolving, for the most current information, refer to the full summary of NDIS changes to legislation, available on the NDIS website here.

In this follow up, we unpack Separate Pathways (which sits under section 21 of legislation).

When you apply to the NDIS, the NDIA will record how you met access disability requirements, early intervention requirements, or both and tell you in your access decision.

Here's what that means, what stays the same for now, and why it matters.

At A Glance

From 3 Oct 2024: When you apply to access the NDIS, the NDIA will tell you if you met access by disability, early intervention, or both.
No change to day to day (yet): Your service experience stays the same while future participant pathways are being designed.
Supports must link to your impairments: NDIS funds supports that relate to the impairments used for your access decision.
Good evidence helps: Clear, relevant reports make it easier to show which pathway applies and to plan the right supports.

What's a pathway under the NDIS?

When you apply, the NDIA decides whether you meet the disability requirements, the early intervention requirements, or both. That decision is your pathway.

In next week’s blog post, we’ll take a look at disability requirements in greater detail and the impact on people applying to access the NDIS and on existing NDIS participants.

From 3 October 2024, everyone who applies will be told which pathway applies to them.

When you apply for the NDIS, the NDIA will decide which pathway is right for you. This is called your eligibility pathway.

There are two main ones:

Disability Pathway – This is for people who have a permanent and significant disability. It means you can get long-term support to help with daily life, safety, and independence.
Early Intervention Pathway – This is for people (including children) who may not have a permanent disability yet, but who can benefit from getting support early. The goal is to build skills, reduce challenges, and possibly need less support later on.
Both Pathways – Sometimes you may fit into both. This means you need support now and also have a disability that is permanent.

Knowing your pathway is important because it guides what kind of supports you can get. For example, early intervention might focus on therapy and learning new skills, while the disability pathway might give you long-term supports like help at home, equipment, or personal care.

What's changing now, and what's not

Now: You'll be told how you met access. Your plan and supports continue as usual.

Later: The NDIA is designing new participant pathways to better match how people met access. When those are ready, you'll be supported through the pathway that suits your needs. Timing will be confirmed on the NDIS website.

What are the Disability requirements?

To apply for the NDIS you need to provide evidence that you meet the disability requirements:

Your disability is caused by an impairment. The NDIA considers an impairment as a loss or damage to how your body functions.
Your impairment is likely to be permanent.
Your permanent impairment substantially reduces your functional capacity to undertake one or more of the following activities: moving around, communicating, socialising, learning, or undertaking self-care or self-management tasks.
Your permanent impairment affects your ability to work, study or take part in social life.
You'll likely need NDIS support for your lifetime.

If a person can provide evidence that they have been diagnosed with one or more conditions on List A, the NDIA will likely decide they meet the disability requirements.

Understanding 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.

NDIS Applying To the NDIS PDF Image — *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.

Why evidence and planning matter

NDIS funding is there for NDIS supports that relate to impairments you met access with.

Clear evidence:

Helps the NDIA see which pathway applies to you.
Shows how your impairments affect daily life.
Makes it easier to plan supports that genuinely fit your needs.

If a support doesn't clearly connect to the impairments recorded for your access, it may not be funded, so it's worth making those links explicit in reports and at planning time.

FAQs

Will my current plan change straight away?

No. If you're already a participant, your day to day experience stays the same for now. From 3 October 2024, the NDIA records how you met access, but new participant pathways will come later.

What if I meet both disability and early intervention requirements?

The NDIA will record both. You still have one plan; it should include supports that link to the impairments recorded for your access.

What's Next

Having your access pathway recorded from 3 October 2024 simply makes things clearer.

Nothing changes day to day right now, but it does help make sure the supports in your plan link to the impairments used for your access decision.

In next week’s blog post, we’ll take a look at disability requirements in greater detail and the impact on people applying to access the NDIS and on existing 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

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.

NDIS Changes To Legislation: Separate Access Pathways, Section 21

In our first post, we outlined the key updates to NDIS legislation that took effect on 3 October 2024 and are rolling out over time.