The Negative Impact of The NDIS Over 65 Rule

Chronic disease and sudden accidents do not discriminate by age. Still, the NDIS is not available to those who experience disability after the age of 65 years. The NDIS has a list of criteria for deciding eligibility, and the first question on their website states:

Question 1: Are you aged between 7 and 65? Yes. Go to the next question. No. I have a child aged under 7. Find out more about Help for children under 7. No. I'm over 65. You must be under 65 to access the NDIS. You may be able to access other supports.

Australians over 65 are simply not eligible for the NDIS unless they previously received NDIS support before their 65th birthday. As one can imagine, disability advocates often describe this as discrimination, and pressure has been mounting on the Government for years to have it changed.

NDIS over 65 rule

The 65+ rule has seen people with neurological disorders, autoimmune diseases, and injuries resulting in severe disability placed in the aged care system. Many feel those unlucky enough to fall into this group are unnecessarily placed in homes and hospitals due to insufficient support. Family members are often left to shoulder the financial and physical burden of their loved one’s condition, as pensions are not enough to cover the costs.

Aged and Disability Advocacy Australia chief executive Geoff Rowe has warned the aged care system is not designed to support people with high levels of disability, stating:

Sadly, Rowe claims his organisation hears daily stories of Australians over 65 unable to get adequate support from the aged care system.

Despite media coverage and advocate reports on this issue, the Government has no intention of making changes to the NDIS age cut-off. The cost of the NDIS is considered just too high. 

Chances for Change in Aged Care

Over recent months, the Department of Health and Aged Care has been consulting with aged care stakeholders to discuss possible reforms to in-home care. A department spokesperson stated:

This work has included consultation on how to improve access to goods, equipment, assistive technology and home modifications for older Australians, including for people with a disability...

Further research is planned to assess the feasibility of higher levels of care for people living at home, but finding cost-effective solutions will likely be a challenge.

Amid the Aged Care vs NDIS debate, there is also a class action lawsuit proposed by MITRY Lawyers alleging the NDIS 65+ rule to be unlawful. The law firm states on its website that the existing eligibility criteria “resulted in hardship and inequality for thousands of individuals who require disability supports but only have limited access to funds through My Aged Care rather than the NDIS.”

There is no doubt this debate will continue to swirl, with NDIS and Aged Care reforms raising the obvious question- Why aren’t all people with disability benefiting from the NDIS?

NDIS carer with old man in wheelchair