Older people with disability subjected to systemic age discrimination, says report

Australians over 65 can’t access the same disability support as those younger, even if they have the same disability. Is this a case of ageism? A new paper argues it is.

Older people need more disability support: report. Source: iStock.

Is it fair that if you acquire a spinal injury that leaves you permanently disabled when you are 64 you are covered for full support by the National Disability Insurance Scheme, but if it happened just after your 65th birthday you aren’t?

Or is it ageist? A clear case of discrimination based on age?

But if the $35bn a year NDIS was to cover over-65s with a disability, wouldn’t it bite even deeper into government coffers, exacerbating what Jim Chalmers has already labelled one of his biggest budget pressures?

Peak advocacy groups Older Persons Advocacy Network and Australian Federation of Disability Organisations say there is no question the introduction of the NDIS 10 years ago had seen older people fall through the cracks when it came to support for their disability.

And that disability policy since has been “inherently ageist”.

The groups argue this wouldn’t be such an issue if appropriate disability supports were available for over-65s outside the scheme, but the federal and state governments have dropped the ball on non-NDIS supports, leaving too many older people with disability high and dry.

With the Disability Royal Commission handing its final report to the Albanese government on Friday, OPAN and AFDO have released a discussion paper that points to a systemic failure of state and federal disability policy to provide older people with disability with the same level of care, support and services as other Australians.

“Australia’s approach to disability policy is inherently ageist,” AFDO chief executive Ross Joyce said.

“There has been a disproportionate focus on the NDIS over the past 10 years, which has resulted in many older people with disability continuing to fail to receive necessary supports.”

The discussion paper notes that people who turned 65 prior to the roll out of the NDIS and those who acquire a disability after the age of 65 are ineligible for the scheme. They may be able to access an Home Care Package provided under aged care legislation, but these are capped at just under $60,000 a year, and are designed to support age-related needs rather than disability needs.

OPAN member Geoff Rowe, chief executive of Brisbane-based advocacy group ADA Australia, said older people with disability were “falling through the cracks.”

“Without access to the appropriate levels of at-home support they are often forced prematurely into residential aged care,” Mr Rowe said. “That’s a lose-lose situation. It’s a loss for the older person and it often results in a more expensive option for us as taxpayers.

Aged and Disabilty Advocacy Australia chief executive Geoff Rowe. Picture: AAP

“Aged care reforms are currently underway, but there are fundamental gaps and differences between the disability and aged care sectors that need urgent attention,” he said.

The paper says numerous inquiries including the aged care royal commission in 2021 had pointed out the “significant inequalities” in supports for older people with disabilities.

“When the NDIS Bill was introduced, this exclusion of people aged 65 and over was justified as not being in breach of Australia’s obligations under international human rights treaties because people over 65 would be able to access equivalent government-funded supports from other services,” it says.

(But) neither the aged care system nor other services are currently meeting the needs of older people with disability who are not eligible for the NDIS.”

It doesn’t argue for a change to the NDIS to include over-65s, rather that state and federal governments deliver “an ecosystem of disability supports” that ensure people have equitable care regardless of their age.

“We’re not asking for a policy change, but a change in practice, so that older people are treated fairly and with respect,” Mr Rowe said.

“It’s not rocket science. It needs political will and a multi-government conversation about how this is resolved and not an argument about who pays.”