A severely disabled New South Wales man has won his battle with the National Disability Insurance Scheme over who should foot the bill for thousands of dollars worth of lifesaving food.

Key points: Colin Burchell has cerebral palsy and needs thickened liquid food that costs $15,000 per year

Colin Burchell has cerebral palsy and needs thickened liquid food that costs $15,000 per year He won his legal challenge against the NDIS to pay for the food, after it was previously deemed a 'health' matter

He won his legal challenge against the NDIS to pay for the food, after it was previously deemed a 'health' matter Dozens of disability-related health supports will now be included under the NDIS

The NDIS has now agreed to fund dozens of disability-related health services only weeks after Colin Burchell's family won their third legal challenge to have his food paid for under the scheme.

Mr Burchell's specialised dietary requirement costs $15,000 per year — more than twice the $6,344 an average Australian under the age of 35 spends on food annually — but his mother said the NDIS refused to fund the food as it was considered a 'health matter'.

"He couldn't have afforded to keep buying these supplies himself, he would have been bankrupt this year," Dianne Burchell said.

"We really didn't have a choice we had to fight it."

Thickened food to survive

Mr Burchell was left severely disabled after he suffered brain damage as a three-month-old while in intensive care at a Sydney hospital in 1985.

Now 34, he has cerebral palsy, diabetes, bowel impaction, and the mental age of a one-year-old.

Due to his cerebral palsy he has dysphagia and must consume thickened liquid food to survive.

"He silently aspirates," Mrs Burchell said.

"So if he has the wrong level of fluid it will go down into his lungs."

Chief operating officer of the Disability Trust, Edward Birt, said people with a disability should not have to pay more to eat.

"Where your food costs a lot more because of your disability, then it's not fair that you should be paying significantly more than anybody else in the community," Mr Birt said.

"So that's what the NDIS is there for, to bridge that gap between the normal everyday costs and then those additional costs associated with your disability."

Colin Burchell, 34, was left severely disabled after he suffered brain damage as a three-month-old while in intensive care at a Sydney hospital. ( Supplied: Dianne Burchell )

Government to spend $90m annually on health supports

Last week state and territory disability ministers agreed to clarify the boundaries between the NDIS and health systems.

A spokesperson for the federal minister for the NDIS, Stuart Robert, said the group endorsed funding for a range of specific, disability-related health supports under the national scheme.

"The Australian Government has been engaged in ongoing work over the last 12-18 months to clarify boundaries between the NDIS and health systems, so people with disability are able to access the supports they need," the spokesperson said.

Under the changes, the NDIS will fund a range of services to support dysphagia, the management of diabetes, continence, wound and pressure care, respiratory complications, nutrition and epilepsy, as well as podiatry and foot care.

"The cost to provide disability-related health supports to NDIS participants is approximately $90 million per annum," the spokesperson said.

These costs will be managed within the NDIS' estimated full scheme cost of $22 billion per annum.

The Government estimates 60,000 people living with a disability are expected to benefit from these new supports.

NDIS participants who need these disability-related health supports as a direct result of their disability, and as part of their daily life, will be able to access funding for the services from October 1.