What do the changes to the NDIS mean for me?
On 22 August 2024, the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 was passed by the Parliament. This Bill is focused on implementing changes to the NDIS that aim to improve the experience for NDIS participants. The new laws come into effect 28 days after the Royal Assent which is expected to take place in mid to late September. In the following months and year, these changes will start to become more apparent.
As NDIS providers, we want to keep participants as well informed as possible, and we will continue to update this page as these changes get announced and roll out. In the meantime, here’s what participants need to know:
1. All access and planning processes, decisions and supports will continue in line with current operational guidance.
2. Participants should continue spending in accordance with their plans and existing operational guidance.
What did they Change?
The bill makes changes to multiple sections of the NDIS Act 2013. In brief, you can expect to see changes in the following areas:
- How eligibility for the NDIS is assessed
- The supports that can be funded by the NDIS
- How plans are managed
- How funding is allocated and needs to be spent
- Required information for eligibility reassessment.
With the changes that have been made, a new NDIS framework has been made to better reflect the new changes to their assessment model. Any existing plans will continue under the old framework until their next review. We encourage you to talk to your LAC (Local Area Coordinator) during your next plan review to better understand how these changes will affect you and your plan personally. Search for your LAC contact here.
Why did they make these changes?
It’s no secret that the cost of the NDIS has significantly increased over recent years. Some say it has changed for the better and others say it has changed for the worse and that is a debate that will continue long into the future. Either way the government has decided that the NDIS scheme doesn’t look the way they want it to, so they are making changes now to make it a stronger, better and more sustainable NDIS for the future. As the government updates their website you can read more here.
What is the “Transitional NDIS Rule?”
The government's proposed amendments to Section 10 of the NDIS Act 2013 enables the creation of new rules that define what IS and IS NOT an NDIS support. This provides the participant with better clarity as to what they can and cannot spend their NDIS funds on. In the interim, the minister may create a transitional NDIS support rule that seeks to fill this gap until a formal change to Section 10 has been agreed upon.
Key changes to note:
*Please note some definitions have not yet been explained to us clearly. We will update the page as we learn more.
1. When applying to access the NDIS they have created a new access pathway (Section 21 & 25). You can now access the NDIS through the “Disability Requirements” or “Early Intervention” pathways.
2. Disability requirements have been updated to provide better clarification (Section 10) as to whether the applicant needs support through the NDIS or mainstream healthcare system (Section 24).
3. There will be better clarification as to what is an NDIS support and what is not (Section 10). In individual circumstances a participant can request to substitute an NDIS approved support for a non-approved support so they can claim that support (Section 47A).
4. Participants will receive an impairment notice which specifies which impairment/s qualify them for NDIS funding (Section 32BA). The NDIS will only fund supports related to the impairments that you met access, not other co-impairments (Section 34)
5. The NDIA can change your plan management type back to NDIA managed if they think your plan funds are not being spent on NDIS supports in line with your plan (Section 44).
6. Changes to total funding amounts, component amounts and funding periods – this can also be made midway through a plan without needing to create a new one. (Section 33)
7. The NDIS can request specific information or assessment to assess or reassess eligibility – if non-compliant the plan can be revoked (Section 30).
8. New rules that require certain cohorts (Participants with a specific impairment) to undergo eligibility reassessment. Eg. When a child turns 9 (Section 30A)
9. Introduce legislative claims and payments frameworks (Section 45A)
10.A new planning framework with flexible budgets (Section 32K). For stable participants, new funding periods allow for creation of plans up to 2,3 or 5 years (Section 33)
11.Participants will undergo a “Support Needs Assessment” which records their whole person disability. The NDIS will fund needs which arise from the “approved” impairment/s for which they met the NDIS criteria (Section 32L)