NDIS

NDIS Legislative Changes Effective 3 October 2024

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3 MIN READ

The National Disability Insurance Scheme (NDIS) has introduced significant legislative changes as of October 3, 2024.

These changes reflect a broader move towards creating a more participant-focused and flexible NDIS that can more effectively meet the evolving needs of those it serves.

For full details about these changes, you can visit the full NDIS legislation changes page.

Key Changes

These updates to the NDIS legislation introduce significant improvements aimed at streamlining processes and enhancing participant support.

Key updates include clearer guidelines on eligibility for disability and early intervention support, new participant pathways, and tighter rules on funding for impairments.

Plan management decisions will now consider a nominee’s criminal history, and specific changes can be made to plans without creating new ones.

What Has Changed & Why They Matter

Clearer Eligibility Criteria

The updated criteria for disability and early intervention support offer greater clarity. This change ensures participants better understand their eligibility based on their individual circumstances, aiding in more consistent decision-making.

Participant Pathways

New participant pathways focus on personalised plans that reflect participants’ preferences and needs. This aims to improve engagement and satisfaction, with plans being more responsive to participants’ evolving needs.

Funding Rules for Impairments

The changes now emphasize stricter rules regarding funding for impairments that are likely to be lifelong. This adjustment aligns with the scheme’s long-term goals, ensuring that support is directed toward sustainable outcomes for participants. The NDIS will also only fund NDIS supports for the impairments that meet the disability or early intervention requirements, or both. This means NDIS supports within plans must relate to the participants impairments that meet these requirements.

Clarification On Types of Supports Available Under NDIS

NDIS aims to provide comprehensive rules on what qualifies as an NDIS support, including daily personal activities, assistance animals, and assistive technology. Specific supports, such as general day-to-day living costs and personal lifestyle expenses, are now explicitly excluded from NDIS funding. Participants can apply for replacements for certain supports to enhance independence.

Plan Management and Nominee Considerations

A significant update is the introduction of criminal history checks for nominees. This measure prioritises participant safety by ensuring that decision-makers involved in managing plans have passed specific background checks.

Plan Adjustments

One of the most user-friendly changes allows participants to modify aspects of their plans without needing to create new ones. This change offers greater flexibility in how plans can adapt to participants’ changing needs, reducing administrative burdens.

All new plans will be for 12 months and will have total funding amounts. This clarifies the amount of funds available in the plan and how long the funds need to last, and supports will only be covered for funds available within the plan.

New Claims and Payments Framework

A redesigned framework for handling claims and payments will be rolled out, aimed at simplifying transactions and increasing transparency. This is expected to make financial interactions between participants, providers, and the NDIS more seamless.

Support Needs Assessment Process

A future addition, this assessment process is intended to evaluate the specific needs of participants more thoroughly, enabling better allocation of resources and tailored supports.

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