Key Takeaways

Some of the changes to the NDIS that will be introduced by the Act are:

• At the time of access, a Participant will be issued with a notice of impairments that will specify what impairments a person meets the access criteria for, and the category of the Participant’s impairments for which NDIS supports can be provided
• A new definition has been inserted into the National Disability Insurance Scheme Act 2013 (the Act) which sets out what supports will be funded by the NDIS and those that will not be funded
• Plans built under the new framework will include safeguards to ensure that funding in a Participant’s plan does not run out prior to the end of the plan.

Access

Currently the National Disability Insurance Agency must consider what disability a Participant meets the access criteria for either under the disability criteria in s24 or the early intervention criteria in s25, but this is not then formally used to consider planning decisions.

The Act has introduced amendments which sets out that the CEO is to separately decide whether a person meets access under the disability criteria in s24 or the early intervention criteria in s25. Once the CEO has made this decision, a written notice will be issued to the Participant which will include this information as well as the disability category for which the Participant’s impairments meet the criteria being: intellectual, cognitive, neurological, sensory, physical, and impairments to which a psychosocial disability is attributable.

The notice will form the basis of planning decisions. Supports will be included in a Participant’s plan only if they address the needs arising from an impairment in the notice provided. For example, if a person has met the access criteria for the early intervention pathway, the supports funded in a Participant’s plan will be tailored to early intervention and improved life outcomes. Early intervention plans may be of a short duration (for example 12 months) to allow for ongoing assessment of the effectiveness of the supports in the plan or for periods of up to five years.

It is anticipated that the inclusion of the notice of impairments will assist with better and more consistent planning for Participants across the NDIS.

NDIS Supports

The NDIS will only provide funding for supports that are defined as ‘NDIS supports’. The definition of NDIS supports is provided for in section 10 of the Act, and will be expanded in new Rules which will specifically outline supports that will be funded, and those which will not be funded, by the National Disability Insurance Agency. The supports listed as ‘not NDIS supports’ will no longer be able to be funded in a Participant’s plan.

Planning

A new model for planning will be rolled out by way of ‘new framework plans’ that are expected to be more flexible than current plans and more targeted to Participants’ needs.  Prior to implementing a new framework plan, a needs assessor will conduct a comprehensive assessment of the Participant and will calculate the total amount of funding to be included in their plan as well as the plan length.

A Participant’s funding will include a budget that will have a flexible budget and a stated support budget. Flexible funding will allow a Participant to choose the supports they wish to use their funding for based on what they consider will best meet their needs. This will provide for more choice and control for Participants on how to use the funding in their plan.  The stated support funding is for specific items in a Participant’s plan and this funding cannot be spent for any other purpose. A stated support could include funding for high-cost assistive technology or home modifications.

Changes to planning also includes the introduction of funding periods in a Participant’s plan to help regulate plan spending and ensure there will be funding throughout the duration of the plan. A funding period can be from one to 12 months and can apply to the whole plan or to sections of the plan. A Participant will only be able to use the funding that is allocated in their current funding period. This will prevent Participants running out of funds before their plan has ended.

The CEO will be able to change the plan management type of a plan to ensure that the funds in the plan are spent more effectively, particularly if the plan is being over-utilised.

Conclusion

The changes introduced by the Act are to be implemented to improve the delivery of the NDIS and make the NDIS more Participant focused. The reforms will also ensure the long term sustainability of the NDIS, to ensure funding in plans is not over utilised by Participants and that funding is provided for supports that meet the legislative criteria. While there will be immediate changes it is likely that it will take some time to see the full effect of the implementation of the reforms, and whether they will result in the intended outcomes. 

Further information / assistance regarding the issues raised in this article is available from the author, Jane Thomson, Partner, or your usual contact at Moray & Agnew.