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Today, the NDIA released some important rule changes that may impact your access to supports and how you navigate the NDIS. This is all part of the new 2024 NDIS Amendment Bill, which aims to give you more clarity over your funds and what supports you can use.
Some changes will happen now, and some will happen later, but here is what will change from Thursday 3 October and beyond.
Quick snapshot
- A new definition of NDIS supports that outlines what you can and can’t spend your funds on;
- 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;
- The NDIA will have greater powers to ensure you spend your funds appropriately;
- Stronger evidence will be required for a change in circumstance.
New definition of NDIS supports
A new definition of NDIS supports aims to help you understand what you can and can’t spend your funds on. These new rules have now been shared by the NDIA and anything on the not approved list will be rejected from October 3, 2024.
The full NDIA support list – what can and cannot be funded, is available here.
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 certain cases, you can ask the NDIA to use your funding for non-NDIS supports, which are called ‘replacement supports’).
Changes to NDIS plans
- The format of NDIS plans will be receiving a refresh, and while we don’t have all the details right now, we’ll keep you updated as we receive more information from the NDIA.
- All new plans from October 3 will last up to 12 months, you won’t be able to spend more funding than what’s available in your plan and must use your amount within the set funding period. We will share more information on this as it becomes available.
What does this mean for you?
Maybe nothing for a while, transition to the new framework plans is likely to take five 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.
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 the funds in line with the 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.
Helpful resources
And remember, we’re here to keep you up-to-date about these important NDIS changes and updates as they are announced.
For more information, use our Live Chat function, email [email protected] or call 1800 549 670.