Advocacy groups want the National Disability Insurance Scheme to pay for sexual services.

The Administrative Appeals Tribunal has ruled in favour of a woman with multiple sclerosis who applied for sex therapy funding in her NDIS plan, but was refused by the National Disability Insurance Agency (NDIA).

The ruling said the woman should receive $10,000 a year to fund her treatment, and the NDIA is expected to appeal.

“The only help she can usefully have to reach sexual release, to the extent to which she can, is by means of the qualified and trained sexual therapist whose services she seeks,” AAT deputy president Brian Rayment said.

“She does not have a need likely to be capable of being met by a partner and she has no partner. The financial sustainability of the scheme is not threatened by funding the support which she seeks.”

He said there is an important distinction between a sex worker and the specially-trained sex therapist sought by the woman.

“This case does not, in my opinion, throw up for decision the question whether the services of a sex worker ought… to be funded for persons with a disability if their needs require it,” Mr Rayment said.

Disability groups welcomed the decision, and have recommended the NDIS fund sex workers.

Matthew Bowden, co-CEO of People with Disability Australia, says people should not be denied access to sex on the basis of their disability.

“The previous state-based disability support system had long supported people with disability to have funded access to sex work services – now it is time for the NDIS to catch up with this long-standing precedent,” Mr Bowden told reporters.

“We are pleased that the AAT has upheld the rights of people with disability to sexual expression, which would enable ‘reasonable and necessary’ support through NDIS funding to engage the services of a sex worker to achieve therapeutic outcomes.”

The NDIS is underpinned by the Convention on the Rights of Persons with Disabilities – which states that governments have an obligation to ensure people with disability can enjoy life to the same extent as their non-disabled peers.

NDIS Minister Stuart Robert said the government’s view is that the scheme does not cover sexual services, sexual therapy or sex workers in a participant’s plan.

“These services are not in line with community expectations of what are reasonable and necessary supports,” Mr Robert said.