On 3 October 2024, the National Disability Insurance Scheme (NDIS) saw a number of changes come into effect.
Following the 2023 NDIS Review, the most significant changes have been legislative reforms to bring clearer, fairer, and more flexible outcomes for NDIS participants.
Per these changes, the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (Amending Act) was set in motion.
The Amending Act will address some of the recommendations outlined in the 2023 NDIS Review, including immediate actions, such as:
The legislative reforms seem to be geared towards curbing spending and claims, which might be a response to the federal budget set out for the NDIS—as only specific supports are eligible for claims.
A list of NDIS supports is now available, and participants can only use their NDIS funds for approved supports on the list.
The NDIS now has guidelines on what constitutes an NDIS Support, what is not an NDIS Support, and what constitutes a replacement support. If a participant wants a support not listed under the NDIS, the replacement rule applies (but must be agreed upon in writing).
Only “reasonable” and “necessary” supports will be funded by the NDIS, and these must relate to the impairments and meet the disability or early intervention requirements.
Approved NDIS supports include:
Any plans approved from 3 October 2024 onwards must include the total budget amount, funding component amounts, and funding periods.
In other words, the plan will outline the total funding available and for how long the funds need to last. Participants cannot spend more funding than what is allocated in their plans.
For now, plans will also be in effect for 12 months, i.e., they will be reviewed and renewed annually. However, plan variations can be made without the need to create a new one.
The National Disability Insurance Agency (NDIA) will have the power to change the plan management type if participants need help managing their plans. This can occur if the NDIA believe there is a risk of misuse of funding. For example, if a participant or their nominee has been found to have committed an offence involving fraud or dishonesty, the NDIS can intervene.
New applicants to the NDIS will now have to meet either the disability requirements, early intervention requirements, or both.
These requirements demand that people with disability should only access the NDIS if they need supports listed under the approved NDIS supports. Existing NDIS participants who are currently being reassessed for eligibility will also be impacted.
Participants and providers now have a two-year claim limit for declaring supports. This means that claims for services must be made within two years of support provision.
All participants and providers will be impacted, and they must follow existing requirements, i.e. maintain clear records and provide accurate information to make claims.
Changes are being made to the way participants access the NDIS and the NDIA request information.
The NDIA can now request specific information or require a participant to undergo an assessment, especially if the participant is facing the possibility of having their status revoked.
If a participant's status is revoked, they cannot make another access request until the review is complete.
The above shifts have been in effect since 3 October 2024; here are some changes whose implementation timing is yet to be confirmed:
These legislative changes will be rolled out over a 12-month period to help participants transition and adjust. Further changes are in the works, and more information will be provided by the NDIA.
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