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

78   After subsection 47A(1)

Insert:

Permitted variations - new framework plans

(1AA) For the purposes of subparagraph (1)(a)(i), the following variations of a new framework plan are covered:

(a) a variation of the participant's reasonable and necessary budget covered by subsection (1AB);

(b) a variation relating to the general supports (if any) that will be provided to or in relation to the participant under the plan;

(c) a variation of the statement of participant supports included in the plan in relation to the management of:

(i) the funding for supports under the plan; or

(ii) other aspects of the plan;

(d) a variation of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

(e) a variation of the circumstances in which the Agency must reassess the plan under this Division.

Note 1: A statement of participant supports in a participant's plan must give effect to the plan management request of a participant except in certain circumstances (see subsection 43(2)).

Note 2: In varying the participant's plan in relation to the statement of participant supports, the CEO must have regard to the matters set out in subsection (2A).

(1AB) For the purposes of paragraph (1AA)(a), the following variations of a participant's reasonable and necessary budget are covered:

(a) a variation of:

(i) the total funding amount for flexible funding; or

(ii) the total funding amount for a stated support or class of stated supports;

for the purposes of dealing with a variation of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

(b) a variation to provide for a total funding amount for a stated support or class of stated supports;

(c) a variation of the number or duration of the funding periods for flexible funding, or for a stated support or class of stated supports;

(d) a variation of the proportion of the total funding amount for flexible funding, or for a stated support or class of stated supports, that will be provided under the plan during one or more funding periods;

(e) a variation to provide for:

(i) funding periods for a stated support or class of stated supports (disregarding paragraph 32G(5)(c) for this purpose); and

(ii) the proportion of the total funding amount for the stated support or class of stated supports that will be provided under the plan during each funding period;

(f) a variation of a restriction provided for under subsection 32F(6);

(g) if the CEO is satisfied that a circumstance mentioned in subsection 32F(7) exists - a variation to provide for a restriction under subsection 32F(6);

(h) if the CEO is satisfied that none of the circumstances mentioned in subsection 32F(7) exist - a variation to remove a restriction imposed under subsection 32F(6);

(i) a variation to provide for, change, add or remove a requirement under subsection 32H(1) relating to the acquisition or provision of supports;

(j) a variation of the participant's reasonable and necessary budget if:

(i) the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant's support needs; or

(ia) the CEO is satisfied that the participant requires funding because the participant has experienced fraud or financial exploitation; or

(ib) the CEO is satisfied that the variation is necessary to prevent or lessen a threat to the participant's life, health or safety (whether current or future); or

(ii) after the participant's plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO's own initiative), and the variation relates to that information; or

(iii) the CEO is satisfied that a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph exists in relation to the participant.

Note: Information mentioned in subparagraph (j)(ii) could relate to a support such as an item of assistive technology or a home modification.

Permitted variations - old framework plans