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At the start of September, parliament approved the new NDIS Amendment Bill (Getting the NDIS Back on Track No. 1). This Bill aims to improve your NDIS experience by giving you more flexibility and clearer guidelines on how you can use your funding.
So, what are the changes, and how could they affect you as an NDIS participant?
Quick snapshot
- Keep doing what you’re doing until 3 October 2024, when the first changes will take shape
- From October, all participants will (very) gradually move to new framework plans
- Needs assessments will come into play to identify your disability support needs
- New pathways will decide how support is received based on disability, early intervention, or both
- A new definition of NDIS supports will help you understand what you can and can’t spend your funds on
- The NDIA will have greater powers to ensure you spend your funds appropriately
- Stronger evidence will be required for a change in circumstance
It’s business as usual for now
The good news is, not much will change about how you experience the NDIS for now. Some changes take effect on 3 October 2024. Others will take time as new rules and decisions are made with input from states, territories, and the disability community.
What does this mean for you?
- Continue using your plans and funding as usual
- Your providers should keep claiming for supports as normal
Changes in place from October
Changes to NDIS plans
All participants will eventually move to new framework plans. While current plans show how funding is split between each support, the new plans will show a total amount for all supports in your plan. This will include a flexible budget, which can be used on a variety of NDIS supports related to your disability.
As well as total funding amounts, the new framework plans will include funding component amounts, and funding periods. This will make it easier to understand how much funding you have and how long it needs to last.
You won’t be able to spend more funding than what’s available in your plan and must use your funds within the set amount for each funding period.
All plans created after 3rd October will be 12 months long. In the future, some plans may be longer.
What does this mean for you?
Maybe nothing for a while so relax! Transition to the new framework plans is likely to take 5 years or more, and you’ll be notified about your transition when the time comes.
Support needs assessment
Under the new planning framework, the process for deciding how funding is allocated will change. A needs assessment will replace medical diagnosis to review your disability support needs. The NDIS will then fund supports that meet those needs.
What does this mean for you?
There’s no impact until the needs assessment process is developed and you have moved to a new framework plan. While there are still details to be worked out, the goal is to make it easier for you to provide evidence of your disability and to offer more flexible funding options.
Early intervention pathway
When you apply for the NDIS, the NDIA will let you know if you qualify based on two pathways—disability, early intervention, or both.
What does this mean for you?
Once the new pathways are in place (and if you’re approved), you’ll receive support through the relevant pathway based on how you qualify for the NDIS.
New definition of NDIS supports
A new definition of NDIS supports will help you understand what you can and can’t spend your funds on. The government will create new rules for this, but they need approval from states and territories, which could take time. In the meantime, temporary rules will be introduced, and you’ll be notified by email when they take effect.
What does this mean for you?
Once the new rules take place, you will only be able to spend your funds on the NDIS supports outlined in the new guidelines (although, in specific cases, you can ask to use your funding for non-NDIS supports).
If you accidentally purchase supports that aren’t covered by the NDIS, you should receive help understanding the new rules and what counts as an approved NDIS support.
Stricter compliance
The NDIA will have greater powers to monitor and modify plans to ensure you spend your funds appropriately.
What does this mean for you?
The NDIA may consider changing a funding amount, making your plan period shorter, raising a debt or changing how your plan is managed if they believe you, your nominee, plan manager, or a child representative isn’t spending your funds in line with your plan.
This applies to participants who self-manage or use a registered plan manager.
The NDIA may request information or ask you to take an assessment when considering withdrawing you from the NDIS. If you don’t provide the information within the set time (although extra time can be requested), your access to the NDIS may be cancelled.
Stronger evidence for Change of Circumstance
From October, you’ll need to provide strong evidence before requesting a change in circumstance.
What does this mean for you?
If you request extra funding during your plan period, you’ll only get a reassessment if you meet the criteria, such as:
- A crisis or emergency has caused a significant change in your support needs
- You’ve experienced fraud or financial exploitation
- There is a threat to your life, health, or safety
What happens next?
Now that the legislation has passed, the Australian Government will work with the disability community to update the NDIS Rules, ensuring you as a participant remain at the heart of these changes.
They are reviewing feedback from community consultations about the draft list of NDIS supports and this will be released soon.
We’re with you every step of the way
We’re here to keep you up-to-date about important NDIS changes and updates as they unfold.
For more information, use our Live Chat function, email [email protected] or call 1800 549 670.