Section 106 — National Disability Insurance Scheme Act 2013: Recovering past NDIS amounts from certain judgements

(1) This section applies if: (a) an amount of compensation is fixed under a judgement (other than a consent judgement) given in respect of a personal injury that has caused, to any extent, a participant’s impairment (whether or not the participant was a participant at the time of the injury); and (b) before the day of the judgement, NDIS amounts (the past NDIS amounts) had been paid in respect of supports in relation to the participant’s impairment; and (c) the judgement specifies a portion (the past NDIS support component) of the amount of compensation to be a component for supports of a kind funded or provided under the National Disability Insurance Scheme. (2) An amount (the recoverable amount) is payable by the participant to the Agency. The recoverable amount is an amount equal to: (a) unless subsection (4) or (5) applies—the sum of the past NDIS amounts, reduced as mentioned in subsection (3) (if applicable); or (b) if subsection (4) or (5) applies—the amount worked out in accordance with whichever of those subsections is applicable. (3) If: (a) the judgement fixes the amount of compensation on the basis that liability for the injury should be apportioned between the participant and another person; and (b) as a result, the amount of compensation is less than it would have been if liability had not been so apportioned; the sum of the past NDIS amounts is to be reduced by the proportion corresponding to the proportion of liability that is apportioned to the participant by the judgement. (4) If the recoverable amount would, apart from this subsection, exceed the past NDIS support component, the recoverable amount is taken to be the lesser of the sum of the past NDIS amounts and the past NDIS support component. (5) If the recoverable amount would, apart from this subsection, exceed the difference (if any) between: (a) the amount of compensation fixed by the judgement; and (b) the sum of the amounts (if any) payable in respect of the amount of compensation under the following: (i) the Health and Other Services (Compensation) Act 1995; (ii) the Health and Other Services (Compensation) Care Charges Act 1995; (iii) Part 3.14 of the Social Security Act 1991; (iv) a law of the Commonwealth, a State or a Territory, prescribed by the National Disability Insurance Scheme rules; the recoverable amount is taken to be the amount of the difference.