02 Oct 2024
NDIS News
The NDIS is about to undergo major changes based on recommendations from the NDIS Review. A new law has been introduced to refocus the scheme on its original purpose and improve its effectiveness for participants.
As of October 3rd, one of the biggest changes is a new definition of what counts as NDIS support. However, this definition isn't final yet—it will come later once new Legislative Rules are agreed upon with all States and Territories. This process will take some time, and in the meantime, transitional rules will be in place. These transitional rules are temporary guidelines that the Minister for the NDIS can set for up to 12 months while waiting for the final rules.
The transitional rules include two key lists that outline which supports the NDIS will fund and which it won’t. These lists will help clarify how participants can use their NDIS funding. Currently, there are 37 approved categories of support (“in” list) and 15 prohibited categories (“out” list). It is important to note, many of the supports on these lists were already an “in” or “out”, they now have just been put into writing. Find them here.
The NDIA will notify all participants about the final lists, and they’ll also be available on the NDIS website. If you currently have a support that’s now on the “out” list written as a stated item in your plan, you can still access this support until your plan ends. Over the next 12 months, the NDIA will work with participants to understand these changes.
If you think a support on the “out” list would still benefit you, there’s a potential option called replacement. This allows participants to replace an approved “in” support for something on the “out” list. However, to qualify for replacement, several conditions must be met:
The rules state that only two categories of the “out” list can be replaced. These categories are, Category 1: Standard commercially available household items and Category 2: Smart watches; tablets; smartphones; apps used for accessibility or communication purposes.
To access category 1, in addition to the above requirements a participant must convince the NDIA that:
To access category 2, in addition to the initial criteria that must be met, the participant must convince the NDIA that:
Replacement Request Process
To apply for a replacement support, the participant or authorised representative will need to provide information to the NDIA. This information can be passed over via the Application for a Replacement Document (which is then emailed through or handed in in person), or you can provide the same information over the phone or in an email.
Through your application, you will be telling the NDIA:
• information about the replacement support, like what it is and how much it costs
• which NDIS support or supports in your plan you want to replace
• how you think it will work the same or better than the support you want to replace.
You do not need to supply additional assessments or reports to apply for a replacement support, but you do need to meet all 4 criteria points.
Your Application is Successful
If the NDIA believes your request meets all the criteria, you will be sent a letter of approval via post or email. To purchase the item, you must use funding in your plan. The approval of replacement supports will last for your current plan. If you want to ask for this replacement support again, you will need to ask in your next plan; it will not roll over.
Your Application is Not Successful
The NDIA will notify you if your application is unsuccessful and will give you a reason why it was unsuccessful. You will also receive a letter in the post or via email saying you were unsuccessful and why.
At this stage, it is important to note that rejection by the NDIA of a request to replace a support is not a decision a participant can contest/review.
If your application for a replacement support is unsuccessful, you can only reapply for the same item after a waiting period of 12 months. For instance, if you apply for an item in November 2024 and it's not approved, you can reapply for the same item in November 2025. You are allowed to have multiple applications for different replacement supports.
What to Do if You’re Concerned about your supports
If you’re using NDIS funding for something that’s on the “out” list, it’s a good idea to contact your my NDIS representative (Early Childhood Partner, Local Area Coordinator, or NDIA Planner) as soon as possible. They can guide you through the replacement process and help ensure your supports and services continue under the new rules.
As the details continue to unfold, here are a few ways to stay up to date: