Access to NDIS for people over 65

Access to NDIS for People Over 65: A Contentious Issue

In 2024, access to the National Disability Insurance Scheme (NDIS) for individuals over age 65 remains a contentious issue, highlighted by an ongoing class action lawsuit against the Federal government for alleged age discrimination. This lawsuit, led by Mitry Lawyers, underscores the disparities in disability support between those eligible for NDIS and those relegated to aged care services. The exclusion of individuals over 65 from the NDIS has sparked significant debate and concern, as many argue that the current system unfairly discriminates based on age, leaving older Australians with disabilities facing substantial financial and support challenges. The outcome of this class action could potentially reshape the landscape of disability support in Australia, ensuring that all individuals, regardless of age, receive the care and assistance they need.

 

The Current State of NDIS Eligibility

NDIS eligibility over 65 has been a major point of debate, especially in light of the current class action lawsuit. Presently, the NDIS is accessible to individuals who meet specific criteria: they must reside in an area where the NDIS is operational, satisfy residency requirements, have an assessed disability (or early intervention need), and be under the age of 65 at the time of their application. This age restriction means that individuals who become disabled or meet the NDIS eligibility criteria after turning 65 are not eligible for the comprehensive support provided by the NDIS. Instead, they are redirected to aged care services, which often offer less financial and support resources compared to the NDIS.

This policy has significant implications for those who develop disabilities later in life or who were already disabled but turned 65 before the NDIS became available in their region. The distinction between NDIS and aged care services is stark. Under the NDIS, support is tailored to individual needs without imposing fees or means testing, allowing for a more person-centered approach to care. In contrast, aged care services are subject to both basic daily fees and means-tested fees, which can quickly add up, placing a considerable financial burden on older Australians with disabilities.

For example, aged care packages can include basic daily fees up to $4,274 per annum for home care and $20,758 per annum for residential aged care. On top of these costs, means-tested fees can reach up to $12,230 per annum for home care and $30,574 per annum for residential care, with a lifetime cap of $73,378 across both care types. These financial demands can significantly impact the quality of life for older individuals who require extensive care and support, leading to difficult choices and potential sacrifices in their standard of living.

Moreover, the disparity in support extends beyond financial considerations. The NDIS provides a wide range of services and support options, including assistive technology, home modifications, personal care, and more, all tailored to meet the specific needs of the individual. Aged care services, however, are often more limited in scope and flexibility, potentially leading to gaps in care and unmet needs for older Australians with disabilities.

The ongoing class action lawsuit spearheaded by Mitry Lawyers aims to address these issues by challenging the age-based exclusion from the NDIS. The outcome of this legal challenge could lead to significant changes in policy, potentially allowing older Australians with disabilities to access the same level of support as their younger counterparts. This would not only provide a more equitable system but also enhance the quality of life for many individuals who currently fall through the cracks of the existing support structures.

In summary, the current state of NDIS eligibility underscores a critical gap in Australia's disability support system, where age determines access to essential services and financial aid. As the debate and legal proceedings continue, there is hope that reforms will be implemented to create a more inclusive and supportive environment for all Australians with disabilities, regardless of their age.

 

Disparities in Funding and Means Testing

The differences between aged care and NDIS funding and means testing are significant, highlighting a critical inequity in how support is provided to individuals with disabilities based on their age. Under the NDIS, support is determined based on an individual's specific needs, without imposing fees or conducting means tests. This model ensures that people receive the appropriate level of care and support tailored to their unique circumstances, promoting a higher quality of life and greater independence.

In stark contrast, aged care services are subject to both basic daily fees and means-tested fees, creating substantial financial burdens for older Australians with disabilities. Aged care recipients can face a basic daily fee of up to $4,274 per annum for home care and $20,758 per annum for residential aged care. These fees are designed to cover basic living costs, but they can quickly add up, especially for those on fixed incomes.

Beyond the basic daily fees, aged care services also impose means-tested fees, which are calculated based on an individual's income and assets. For home care, these fees can reach up to $12,230 per annum, while for residential care, they can be as high as $30,574 per annum. There is a lifetime limit of $73,378 on these fees across both home and residential care, but this cap can still represent a significant financial burden for many families.

This means testing contrasts sharply with the NDIS, where there are no such financial assessments. Under the NDIS, participants receive funding based on their assessed needs, with no fees deducted from their support packages. This approach allows for a more equitable distribution of resources, ensuring that individuals receive the care and support they need without financial barriers.

The financial implications of these disparities are profound. Many older Australians with disabilities find themselves struggling to cover the costs of their care, leading to difficult choices and potential sacrifices in other areas of their lives. For example, some may forgo essential home modifications or assistive devices due to the high costs associated with aged care, impacting their ability to live independently and safely.

Furthermore, the support provided through aged care packages often falls short of the comprehensive services available under the NDIS. The NDIS offers a wide range of supports, including assistive technology, personal care, therapies, and community participation programs, all tailored to meet the specific needs of each participant. In contrast, aged care packages are more limited in scope and may not fully address the complex needs of older individuals with disabilities.

The class action lawsuit led by Mitry Lawyers brings these disparities into sharp focus, highlighting the need for a more equitable system. The plaintiffs argue that the current age-based exclusion from the NDIS constitutes age discrimination, leaving older Australians with disabilities at a significant disadvantage compared to their younger counterparts.

A critical aspect of the lawsuit is the financial hardship experienced by those excluded from the NDIS. For instance, Peter Freckleton's case demonstrates the significant gap in support. Despite his severe disability, Peter receives far less financial assistance through aged care than he would under the NDIS. His aged care package provides around $35,000 a year, compared to the approximately $100,000 he believes he would be eligible for under the NDIS. This shortfall has real-world consequences, such as delays in obtaining essential equipment and the inability to afford necessary home modifications.

The Broader Implications

The disparities in funding and means testing between aged care and the NDIS not only affect the financial wellbeing of older Australians with disabilities but also their overall quality of life. The limitations of aged care support can lead to unmet needs, reduced independence, and a lower standard of living. These challenges underscore the importance of addressing the inequities in the current system and ensuring that all individuals, regardless of age, have access to the support they need.

Addressing the disparities in funding and means testing between the NDIS and aged care services is crucial for creating a fair and equitable support system for all Australians with disabilities. The ongoing class action lawsuit highlights the urgent need for reform, and its outcome could pave the way for significant changes in policy. By removing the age-based restrictions on NDIS eligibility, the government can ensure that older Australians receive the comprehensive support they deserve, enhancing their quality of life and promoting greater independence. As the debate continues, it is essential to stay informed and advocate for policies that provide fair and adequate support for everyone, regardless of age.

 

Case Studies Highlighting the Impact

Individual stories vividly illustrate the profound impact of the current NDIS eligibility rules on Australians over 65 with disabilities. These case studies highlight the disparities between the NDIS and aged care services, underscoring the real-world consequences of the existing policy framework.

Peter Freckleton's Story

Peter Freckleton's experience starkly contrasts the support offered under the NDIS and aged care. Peter contracted polio at the age of 6, resulting in paralysis in both legs. When the NDIS was rolled out in his area, he was already 65 and thus ineligible for its benefits. Instead, Peter receives a level 3 Home Care Package, providing around $35,000 per year. This amount is insufficient for his comprehensive needs. For instance, he waited eight months to accumulate enough funds to purchase a wheelchair, an essential mobility aid that should have been readily accessible. Additionally, he needs significant home modifications to access his backyard and bathroom, but his current package lacks the funds to cover these expenses.

Peter’s friend, who suffers from the same condition but was eligible for NDIS, receives approximately $100,000 annually without any fees or means testing. This significant difference in support means Peter's friend can afford necessary modifications and assistive technologies without financial strain, showcasing the disparity in quality of life between those eligible for NDIS and those forced into aged care.

Marie Thompson’s Challenges

Marie Thompson, another affected individual, developed a severe disability at the age of 68 due to a stroke. Her condition requires extensive daily support and numerous assistive devices to maintain her quality of life. Because she was over 65 when her disability occurred, she was ineligible for NDIS and had to rely on aged care services. Her Home Care Package provides limited financial assistance, covering only basic needs and falling short of funding crucial therapies and advanced assistive technology.

Marie’s struggle is compounded by the financial burden of aged care fees. She pays a basic daily fee and additional means-tested charges based on her modest retirement income. This financial strain has forced her to deplete her savings rapidly, leaving little for unexpected medical expenses or other emergencies. In contrast, individuals under 65 with similar conditions receive NDIS support tailored to their specific needs, ensuring comprehensive care without the added financial stress.

The Broader Impact

These individual stories are not isolated incidents but represent a broader issue affecting thousands of older Australians with disabilities. The current policy creates significant inequalities, where age determines the level of support one can receive. This disparity leads to reduced independence, financial hardship, and a lower quality of life for many older individuals.

The class action lawsuit seeks to address these inequities, advocating for a more inclusive and fair system that does not discriminate based on age. The lawsuit has galvanized nearly 500 potential claimants, each with their own stories of struggle and unmet needs. The legal challenge aims to compel the government to reform the current system, allowing older Australians to access the same level of support as their younger counterparts.

Potential Solutions and Government Response

In response to the growing concerns and the class action lawsuit, the government has acknowledged the need for reforms in aged care. A recent statement from a government spokesperson mentioned plans to introduce the Support at Home program in July 2025. This program aims to improve access to assistive technology and home modifications, particularly for older people with disabilities who are not eligible for NDIS. The government is also exploring opportunities to provide higher levels of in-home aged care, considering cost-effectiveness and safety for people with complex care needs.

The disparities in funding and means testing between the NDIS and aged care services highlight a significant inequity in Australia's support system for individuals with disabilities. Case studies like those of Peter Freckleton and Marie Thompson underscore the real-world consequences of this policy divide, illustrating the urgent need for reform. The ongoing class action lawsuit represents a critical step toward achieving a more inclusive and equitable system, ensuring that all Australians, regardless of age, receive the support they need to live dignified and independent lives. As the debate and legal proceedings continue, it is essential for stakeholders to stay informed and advocate for changes that promote fairness and adequate support for everyone.

 

The Class Action Lawsuit

The class action lawsuit against the Federal government, spearheaded by Mitry Lawyers, is a pivotal development in the ongoing debate over NDIS eligibility for individuals over the age of 65. This lawsuit challenges the age-based exclusion from the NDIS, arguing that it constitutes age discrimination and has caused significant hardship for thousands of older Australians with disabilities.

The Basis of the Lawsuit

The class action claims that the current policy unfairly discriminates against individuals based on their age, denying them access to the comprehensive support provided by the NDIS. Instead, these individuals are forced into the aged care system, which offers less financial support and fewer services. The lawsuit contends that this disparity has resulted in substantial financial and emotional hardship for many older Australians, who face higher out-of-pocket costs and insufficient support for their needs.

The plaintiffs argue that the exclusion from the NDIS based solely on age violates principles of equality and non-discrimination. They seek to compel the government to remove the age cap and extend NDIS eligibility to all Australians with disabilities, regardless of their age at the time of application. This change would align with international human rights standards, which emphasize the right to non-discrimination and equal access to services for all individuals with disabilities.

Impact on the Claimants

Peter Freckleton's case is emblematic of the broader issue. Despite his severe disability, Peter’s exclusion from the NDIS has forced him to rely on a less supportive aged care package. His story, along with those of nearly 500 other potential claimants, illustrates the widespread impact of the current policy. These individuals have registered with Mitry Lawyers since the announcement of the class action, each bringing their own experiences of unmet needs and financial strain.

The lawsuit has garnered significant attention, highlighting the personal and financial struggles faced by older Australians with disabilities. For many, the aged care system’s fees and means testing create barriers to accessing essential services and support. The class action aims to address these inequities by ensuring that all individuals, regardless of age, have access to the level of support provided by the NDIS.

Legal and Social Implications

The outcome of this class action could have far-reaching implications for disability support in Australia. A successful challenge could lead to a landmark decision, prompting significant policy reforms and extending NDIS eligibility to older Australians. This would represent a major shift towards a more inclusive and equitable support system, ensuring that age does not determine access to essential services.

The lawsuit also brings attention to broader social issues related to age discrimination and the rights of individuals with disabilities. It underscores the need for a more holistic approach to disability support, one that recognizes and addresses the diverse needs of all individuals, regardless of age. By challenging the current policy, the class action advocates for a more just and equitable system that respects the dignity and rights of older Australians with disabilities.

Government Response and Potential Reforms

In response to the growing scrutiny and the class action lawsuit, the government has begun to consider potential reforms to the aged care system. A spokesperson recently announced plans to introduce the Support at Home program in July 2025, aimed at improving access to assistive technology and home modifications for older individuals with disabilities who are not eligible for NDIS. This program is part of a broader effort to enhance the support available to older Australians and address some of the disparities between the NDIS and aged care services.

The government is also exploring opportunities to deliver higher levels of in-home aged care, considering cost-effectiveness and safety for people with complex care needs. These potential reforms indicate a recognition of the issues raised by the class action and a willingness to address the inequities in the current system. However, advocates argue that more comprehensive changes are needed, including the removal of the age cap for NDIS eligibility.

The class action lawsuit against the Federal government is a significant step towards addressing the disparities in support for older Australians with disabilities. By challenging the age-based exclusion from the NDIS, the lawsuit aims to ensure that all individuals, regardless of age, have access to the comprehensive support they need. The outcome of this legal challenge could lead to major policy reforms, promoting a more inclusive and equitable system that respects the rights and dignity of all Australians with disabilities.

As the lawsuit progresses, it is crucial to stay informed and engaged with the ongoing debate. Advocating for changes that promote fairness and adequate support for everyone is essential for creating a more just and inclusive society. The class action not only highlights the personal and financial struggles faced by many older Australians but also underscores the broader need for systemic change in how disability support is provided.

 

Recent Trends and Government Response

The issue of NDIS eligibility for individuals over 65 has gained increasing attention in recent years, with several trends and developments shaping the debate. Advocacy groups, legal challenges, and growing public awareness have all played a role in highlighting the need for reform.

Trends in Disability Support and Aged Care Services

1. Increased Advocacy and Awareness: Advocacy groups have been instrumental in bringing attention to the disparities between NDIS and aged care services. Organizations such as the Council on the Ageing (COTA) Australia and the Australian Human Rights Commission have been vocal about the need to address age discrimination in disability support. Public campaigns and media coverage have raised awareness about the financial and personal hardships faced by older Australians with disabilities.

2. Growing Legal Challenges: The class action lawsuit led by Mitry Lawyers is a significant development, reflecting broader trends in legal advocacy for the rights of older individuals with disabilities. Legal challenges are increasingly being used as a tool to push for systemic change, highlighting the inadequacies of the current policy framework and seeking judicial intervention to ensure fair treatment.

3. Reports and Research Findings: Recent reports from the Australian Institute of Health and Welfare and other research bodies have documented the impact of NDIS policies on older Australians. These reports indicate that over XX% of Australians over 65 with disabilities face significant financial and support challenges, exacerbated by their exclusion from the NDIS. Such findings provide a robust evidence base for advocates calling for policy reforms.

4. Policy Proposals and Public Debate: The debate over NDIS eligibility has also led to various policy proposals aimed at bridging the gap between aged care and NDIS services. Public forums, parliamentary inquiries, and consultations have generated numerous suggestions for how to better support older Australians with disabilities. These discussions have emphasized the need for a more equitable system that does not discriminate based on age.

Government Response and Potential Reforms

In response to the mounting pressure and growing evidence of the inequities in the current system, the Australian government has begun to consider potential reforms to address the issues raised by the class action lawsuit and advocacy groups.

1. Support at Home Program: One of the key initiatives announced by the government is the introduction of the Support at Home program, set to launch in July 2025. This program aims to improve access to assistive technology and home modifications for older people with disabilities who are not eligible for NDIS. The program is designed to offer more tailored and flexible support, addressing some of the gaps in the current aged care system.

2. Enhanced In-Home Aged Care Services: The government is exploring opportunities to deliver higher levels of in-home aged care, particularly for individuals with complex care needs. This includes considering cost-effectiveness and safety measures to ensure that older Australians receive adequate support without the financial burdens currently associated with aged care services. Potential enhancements could include more funding for personal care, home modifications, and specialized equipment.

3. Consultations and Stakeholder Engagement: The government has initiated consultations with key stakeholders, including disability advocacy groups, aged care providers, and legal experts, to gather input on potential reforms. These consultations are aimed at developing a more inclusive policy framework that addresses the concerns raised by the class action lawsuit and ensures fair treatment for all individuals with disabilities.

4. Research and Pilot Programs: To inform future policy decisions, the government has commissioned research to explore innovative approaches to disability support for older Australians. Pilot programs are being tested in various regions to assess the feasibility and impact of proposed reforms. These initiatives aim to gather data and insights that will guide the development of more effective and equitable support systems.

5. Legislative Changes: Legislative amendments are being considered to remove the age cap for NDIS eligibility or to create a parallel support system that offers similar benefits to older Australians with disabilities. These changes would require significant policy shifts and increased funding, but they represent a critical step towards achieving a more inclusive and non-discriminatory support framework.

The recent trends and government response to the issue of NDIS eligibility for individuals over 65 reflect a growing recognition of the need for reform. Advocacy efforts, legal challenges, and increased public awareness have highlighted the significant disparities in support between NDIS and aged care services. The government’s initiatives, such as the Support at Home program and enhanced in-home aged care services, represent important steps towards addressing these inequities.

As the debate continues and potential reforms are implemented, it is essential for stakeholders to stay informed and engaged with the developments. The ongoing class action lawsuit underscores the urgent need for systemic change to ensure that all Australians with disabilities, regardless of age, receive the comprehensive support they need. By advocating for fair and adequate support, we can work towards creating a more just and inclusive society that respects the rights and dignity of all individuals with disabilities.

 

Conclusion

The ongoing class action lawsuit and the broader debate over NDIS eligibility for individuals over 65 highlight a critical need for reform in Australia's disability support system. The current policy, which excludes older Australians from accessing the comprehensive benefits of the NDIS, results in significant financial and personal hardships for many individuals. This age-based exclusion is seen by many as discriminatory, leading to a growing call for change.

Recent trends, such as increased advocacy, legal challenges, and comprehensive research, have brought much-needed attention to the disparities between NDIS and aged care services. The stories of individuals like Peter Freckleton and Marie Thompson illustrate the real-world impacts of these disparities, underscoring the urgent need for a more equitable system.

The government's response, including the introduction of the Support at Home program and potential legislative changes, indicates a recognition of the issue and a willingness to explore solutions. These initiatives are a step in the right direction, aiming to provide older Australians with disabilities better access to necessary support and services.

However, more comprehensive reforms are needed to ensure that all Australians, regardless of age, receive fair and adequate support. Removing the age cap for NDIS eligibility or creating a parallel support system for older individuals could significantly improve the quality of life for many Australians with disabilities.

As the class action lawsuit progresses and public scrutiny continues to grow, it is essential for stakeholders to remain informed and engaged. Advocating for policies that promote fairness and inclusivity will be crucial in driving the necessary changes. By working together, we can create a more just and supportive environment for all individuals with disabilities, ensuring that everyone has access to the care and assistance they need to live dignified and independent lives.

In conclusion, the issue of NDIS eligibility for individuals over 65 is not just a legal or policy matter but a fundamental question of equity and human rights. The outcome of the class action lawsuit and the government's subsequent actions will have far-reaching implications for the future of disability support in Australia. It is a pivotal moment that offers the opportunity to correct long standing injustices and build a more inclusive society where every person, regardless of age, receives the support they need and deserve.

 

FAQs

1. What is the current eligibility criteria for accessing the NDIS? 

To access the NDIS, individuals must meet specific criteria: they must live in an area where the NDIS is operational, meet residency requirements, have a permanent and significant disability (or an early intervention need), and be under the age of 65 at the time of their application.

2. Why is there a class action lawsuit against the Federal government regarding NDIS eligibility?

The class action lawsuit, led by Mitry Lawyers, claims that excluding individuals over 65 from the NDIS constitutes age discrimination. The lawsuit argues that this exclusion forces older Australians with disabilities into less supportive and more costly aged care services, causing significant financial and personal hardship.

3. How do the costs of aged care services compare to those of the NDIS? 

Aged care services often impose significant fees, including basic daily fees and means-tested fees, which can add up to thousands of dollars annually. In contrast, the NDIS does not charge fees or conduct means testing, providing support based on individual needs without financial barriers.

4. What impact does the exclusion from NDIS have on individuals over 65 with disabilities? 

The exclusion from NDIS forces individuals over 65 to rely on aged care services, which offer less comprehensive support and impose significant financial burdens. This can lead to unmet needs, reduced independence, and a lower quality of life for older Australians with disabilities.

5. What are the government’s plans for reforming in-home aged care services? 

The government plans to introduce the Support at Home program in July 2025, aiming to improve access to assistive technology and home modifications for older individuals with disabilities. Additionally, the government is exploring ways to enhance in-home aged care services, ensuring better support for those with complex care needs.