[2019] AATA 3411
General information, not legal advice.
Administrative Appeals Tribunal of Australia
2019-09-10
Mrs J
Original judgment source is linked above.
The Oxford English Reference Dictionary defines the word 'usual' as an adjective. Such as commonly occurs, or is observed or done; customary, and habitual. Examples provided are 'the usual formalities', 'it is usual to tip them', 'forgot my keys as usual', and 'a person's usual drink'. Accordingly, it is contended that the word in this context is to be construed as meaning a regular or common occurrence, being more than sometimes, but less than 'most of the time' or 'most often'.
Self-care means activities related to personal care, hygiene, grooming and feeding oneself, including showering, bathing, dressing, eating, toileting, grooming, caring for own health care needs.
... When considering whether a person requires assistance from others to participate or perform tasks associated with an activity, the NDIA will have regard to whether a person's need for assistance is consistent with normal expectations of a person of a similar age.
I certify that the preceding 93 (ninety-three) paragraphs are a true copy of the reasons for the decision herein of Mrs J C Kelly, Senior Member.
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Mr O Young, Legal Services National Disability Insurance Agency
Mulligan and National Disability Insurance Agency [2015] FCA 544
Sheldon and National Disability Insurance Agency [2018] AATA 2560