25Early intervention requirements

#### 25 Early intervention requirements (1) 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; or (ii) has one or more identified impairments to which a psychosocial disability is attributable and that are, or are likely to be, permanent; 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; 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; and (d) the CEO is satisfied any early intervention supports that would be likely to benefit the person as mentioned in paragraphs (b) and (c) would be NDIS supports for the person. > Note: In certain circumstances, a person with a degenerative condition could meet the early intervention requirements and therefore become a participant. (1A) For the purposes of subparagraph (1)(a)(i) or (ii), an impairment or impairments that are episodic or fluctuating may be taken to be permanent despite the episodic or fluctuating nature of the impairments. (2) The CEO is taken to be satisfied as mentioned in paragraphs (1)(b) and (c) if one or more of the person’s impairments are prescribed by the National Disability Insurance Scheme rules for the purposes of this subsection. > Note 1: The time at which a requirement in this section needs to be met is the time the matter falls to be determined. For an access request, that time is the time of considering the request (see paragraph 21(1)(c)). > Note 2: National Disability Insurance Scheme rules may be made in relation to this section under subsection 27(1).