National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (81 of 2024)

Schedule 1   Main amendments

Part 1   Amendment of the National Disability Insurance Scheme Act 2013

National Disability Insurance Scheme Act 2013

74A   After section 45

Insert:

45A Payment of amounts payable under the National Disability Insurance Scheme - need for a claim

(1) An amount is not payable under the National Disability Insurance Scheme in respect of the acquisition or provision of a support under a participant's plan unless the CEO is satisfied that a claim for the payment has been made to the CEO in accordance with subsections (2), (3) and (5).

(2) A claim may be made only by:

(a) the person who, under the statement of supports in the plan, is to manage the funding for the support, unless paragraph (b) applies; or

(b) if the person mentioned in paragraph (a) is the Agency - the person who provides the support to the participant.

(3) A claim must:

(a) be made in the approved form (if any); and

(b) include any information, and be accompanied by any documents, required by the CEO.

Note: Strict compliance with any approved form is not required - see section 25C of the Acts Interpretation Act 1901.

(4) The CEO may treat a claim that does not meet the requirements of subsection (3) as having been made in accordance with that subsection if the CEO is satisfied that it is appropriate to do so.

(5) A claim must be made in accordance with subsection (3) before the end of the following period starting on the day the support is provided to the participant:

(a) unless paragraph (b) of this subsection applies - 2 years;

(b) if the National Disability Insurance Scheme rules prescribe a shorter period for that kind of claim - that period.

(6) The CEO may treat a claim made after the end of the applicable period as having been made in accordance with subsection (5) if the CEO is satisfied that:

(a) there are exceptional circumstances applying to the claim that justify the claim being made after the end of the applicable period; and

(b) the claim was made within a reasonable period having regard to those circumstances.

(7) A claim may be withdrawn by the person who makes the claim. The CEO is not required to take any action in relation to a claim that is withdrawn.