Source: Transport under 18 years of age

Transport and considerations relating to children

Parents of NDIS participants aged under 18 years have a responsibility to meet their child’s daily transportation requirements. However, some children may require additional assistance, for example children who cannot use public transport or their parent’s vehicle, even if modified, due to their disability.

The NDIS will generally not fund day to day living costs associated with caring for children, including transport costs, as parents are expected to meet a child’s everyday transport requirements (see JQJT and NDIA [2016] AATA 478 at [35] ).

When considering whether transport is a reasonable and necessary support for a child, the NDIA must take into account what is reasonable for families, carers, informal networks and the community to provide (section 34(1)(e)).

What is reasonable for a family to provide in respect of a particular support should be considered in light of the support they have to provide the child generally because of his or her disability (see JQJT and NDIA [2016] AATA 478 [39] ).

When considering whether funding for transport for a participant who is a child takes account of what it is reasonable to expect families, carers, informal networks and the community to provide, the NDIA will consider:

• that it is normal for parents to provide substantial care and support for children;
  whether, because of the child’s disability, the child’s care needs are substantially greater than those of other children of a similar age;
• the extent of any risks to the wellbeing of the participant’s family members or carer or carers; and
• whether the funding or provision of the support would improve the child’s capacity or future capacity, or would reduce any risk to the child’s wellbeing. (rule 3.4(a) of the Supports for Participants Rules).

The NDIS will be responsible for supports that a student requires that are associated with the functional impact of the student’s disability on their daily living activities, such as transport to and from school (rule 7.13 of the Supports for Participants Rules).

When considering if specialist transport to and from school for a participant who is a child is a reasonable and necessary support the NDIA will consider:

• if any other transport option is available and appropriate; and
• whether providing the supports would substitute for parental responsibility.