This is an update with more information about the legislative changes, and what this could mean for you.
There is a lot of information here, though we tried to keep it as clear as possible. We have provided links to the NDIS pages with more information if you want more information.
A refresher for the changes to the NDIS please click here: NDIS legislation changes
On 3rd October 2024, there were legislative changes made to the NDIS which change the way the NDIS looks at and funds supports.
The biggest change was re-defining what is a NDIS Support. The NDIS now has 2 lists which define what is and what’s is not a NDIS support. The ‘In’ list specifies what you can use your NDIS funding on, and the ‘Out’ list specifies the items that you can’t use your funding on.
There will be a 12-month transitional period for participants’ plans to get used to these changes. Participants who have supports specifically written into their plan that are on the ‘out’ list, you can still use these supports until your next plan review.
Plan managers are already enforcing the new rules, by not allowing supports that are on the ‘out’ lists and are not specifically stated in a participants NDIS plan. For example; accommodation, bookkeeping, phones, sex workers, and other non-disability related items that are commercially available to name a few.
Click here to view the new ‘In’ and ‘Out’ lists: NDIS ‘In’ and ‘Out’ support lists
If you are worried about what’s funded and what’s no longer funded, please review the information below, review the links to the ‘In and out’ lists on the NDIS website, review what’s stated in your NDIS plan, or reach out to your Support Coordinator for help.
We have summarised the key changes below;
Key changes include:
- People applying for the NDIS will need to demonstrate that they need an ‘NDIS support.’
- People won’t receive funding in their plan for a non-NDIS support, unless they have been approved under the replacement process (more on that below).
- Flexible NDIS funding can’t be spent on non-NDIS supports without NDIA approval. Anyone who spends their funding on non-NDIS supports, or not in accordance with their plan, might face compliance action.
- Participants seeking to use funding for non-NDIS support or a support in the ‘out list’ will need to apply to the NDIA for approval and demonstrate that they meet the various criteria for that support.
NDIS funding and plans
Plans approved from 3rd October 2024 onwards will be simplified and have a total budget amount, funding component amounts (e.g. Core and Capacity building) and funding periods for a maximum of 12 months.
This change makes clear the total funding available in a plan and how long the funds need to last. You can’t spend more funding than what’s available in your plan.
For now, all new plans created after 3 October will be for no longer than 12 months. In the future, most people’s plans will go for longer than this. The NDIA will let the community know as soon as this changes.
More information can be found here: https://www.ndis.gov.au/news/10432-3-october-legislation-changes
What does the NDIS fund?
The NDIS would typically fund a requested support if it meets ALL of the following criteria:
- it is for your impairments that meet the disability or early intervention requirements, or both
- it will help with your individual goals and aspiration
- it will help your social and/or economic participationit is value for money, which means that:
- the cost of the support is similar to or cheaper than alternative options that can provide
you with the same outcome and/or - purchasing the support is likely to reduce the costs of funding for other supports in the
long term.
- the cost of the support is similar to or cheaper than alternative options that can provide
- it is effective and beneficial for you
- it helps to maintain your informal supports
- it is an NDIS support
What is a NDIS support?
The NDIS fund supports that relate to your disability. NDIS supports are the services, items, and equipment that can be funded by the NDIS. Please refer to the ‘In’ list.
What is not a NDIS support?
Under the law for the NDIS, there are things we can’t fund or provide. The NDIS can’t fund services, items and equipment that are not NDIS supports named on the ‘In’ list. You also can’t spend your funding on things that aren’t NDIS supports or on the ‘Out’ list. However, in some specific circumstances, they can fund supports that aren’t NDIS supports. They call these replacement supports (see below).
What is a replacement support?
In some specific circumstances, the NDIS can fund supports that are not NDIS supports or are noted in the ‘out’ list. These are called replacement supports. When the NDIA says replacement support, they mean the service, item or equipment you would like to use instead of the NDIS support or supports in your plan. Only some supports can be replaced and only if the NDIA agrees to it in writing. A replacement support isn’t an extra support. It replaces an existing NDIS support or supports in your plan.
Important links for more information:
- Overview of legislation changes: NDIS Legislation changes – Official
- What is a NDIS support: What is a NDIS Support article
- The ‘In’ and ‘out’ NDIS support lists: NDIS ‘In and Out’ support lists
Please remember that we are always going to keep advocating for the supports you deserve, we will keep you updated when more information is available.
If you have any questions, please reach out to your Support Coordinator for help.
Kind regards,
The Inclusion Tree team
