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

75   Subsection 46(1)

Repeal the subsection, substitute:

Requirement to spend money only on NDIS supports and in accordance with plan

(1) A participant who receives an NDIS amount, or a person who receives an NDIS amount on behalf of a participant:

(a) may spend the money only on NDIS supports for the participant; and

(b) must spend the money in accordance with the participant's plan (subject to paragraph (a)).

Note 1: A failure to comply with this subsection (including due to the operation of subsection (1A) or (1B)) may lead to a variation of the participant's plan under section 47A:

(a) to change the management of the funding for supports under the plan (see sections 43 and 74); or

(b) for a new framework plan - to specify a proportion of flexible funding that may be spent only on specified NDIS supports for the participant (or to change such a proportion); or

(c) for any plan - to reduce the duration of funding periods for particular funding under the plan and the amount of funding that will be provided during any particular funding period.

Note 2: See also subsection 182(3) (debts due to the Agency).

(1A) If:

(a) a participant acquires a support for themselves or a support is provided to a participant; and

(b) either:

(i) the support is not an NDIS support for the participant; or

(ii) the participant's plan is not complied with in connection with the acquisition or provision of the support; and

(c) a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the participant or another person;

then the participant is taken for the purposes of subsection (1):

(d) to have received an NDIS amount equal to the payment; and

(e) if subparagraph (b)(i) of this subsection applies - to have spent that money other than on NDIS supports for the participant; and

(f) if subparagraph (b)(ii) of this subsection applies - to have not spent that money in accordance with the participant's plan.

(1B) If:

(a) a person (the first person ) other than a participant acquires a support for a participant or provides a support to a participant; and

(b) either:

(i) the support is not an NDIS support for the participant; or

(ii) the participant's plan is not complied with in connection with the acquisition or provision of the support; and

(c) a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the first person or any other person;

then the first person is taken for the purposes of subsection (1):

(d) to have received an NDIS amount on behalf of the participant that is equal to the payment; and

(e) if subparagraph (b)(i) of this subsection applies - to have spent that money other than on NDIS supports for the participant; and

(f) if subparagraph (b)(ii) of this subsection applies - to have not spent that money in accordance with the participant's plan.

Requirements relating to retention of records