The Australian Human Rights Commission will decide the legality of the law which discriminates against over 65s seeking support from the NDIS.

The National Disability Insurance Scheme is not available to Australians who were older than 65 years old when the scheme was introduced, or who need disability support after they turn 65.

Luke Grant has criticised the cutoff, saying it is an example of age discrimination which has sadly been accepted by our laws and society.

However, it's understood a complaint before the Australian Human Rights Commission could challenge the restrictions on the basis of disability and age discrimination.

If successful, it would be an Australian-first challenge, and would allow thousands of older Australians access to the funding support they need to live life properly.

Dr Peter Freckleton is a polio survivor from the 1950s, and is still living with the impacts.

His application for support under the NDIS was refused because of his age, and as a result he lives with his disability without the full level of help he needs.

Luke Grant spoke exclusively with Dr Freckleton, who says there is a strong possibility of the laws being successfully challenged in court.

Click play below to listen to the full interview.

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