Pavilupillai and National Disability Insurance Agency [2018] AATA 4641 (13 December 2018) saw the Tribunal called upon to consider whether funding for left and right high heel foot sections on her Knee Ankle Foot Orthoses was reasonable and necessary.
As explained at [17]:
As a result of contracting polio as an infant, she suffers from very severe muscle weakness in both of her legs and in both of her arms as well as in her trunk and pelvis. Ever since she was an infant, Ms Pavilupillai has worn KAFOs, on both of her legs in order to stabilise her foot, ankle and knee joints. Under the NDIS, the Agency has approved two types of KAFO for Ms Pavilupillai. One is for general wear and the other is a waterproof version and enables her to participate in activities at the pool or beach.
At [70] the Tribunal held that there is no social or economic activity in which Ms Pavilupillai could undertake with high heel foot sections that is an activity in which she does not presently engage in with her current KAFOs that enable her to walk while wearing a flat heeled shoe.
At [84] the Tribunal did not consider that the provision of high heel foot sections would be value for money within the meaning of s 34(1)(c).