Understanding The New NDIS Plan Legislation Changes
Written By: Amy Osborne | NDIS Plan Management Team
Keeping up to date with the National Disability Insurance Scheme (NDIS) legislation changes is definitely a job in itself.
Since October 3rd 2024, those within the disability sector have been trying to navigate the changes with very little clear information coming through to help lead the way. There are plenty of rule changes that can be navigated with ease, but there are plenty of grey areas that are keeping NDIS Participants and providers alike, guessing what is claimable.
Let’s wade through the NDIS legislation and try to make sense of it all without confusing us more.
If you’re just starting your NDIS journey or want to know how to best secure your likelihood of being accepted, check out this previous blog we put together: A Guide To NDIS Applications + What To Do If It’s Unsuccessful.
Here’s The Changes That May Affect Your NDIS Plan
- When you apply to be on the NDIS Scheme, the National Disability Insurance Agency (NDIA) will advise if you have met the disability requirements, early intervention requirements, or both;
- The eligibility requirements have changed and now clarifies that a person can only access the NDIS if they require supports which are NDIS Supports. This change makes it clearer when a mainstream system is responsible for providing support or service;
- From January 1st 2025, all new NDIS Participants will receive an impairment notice when they access the NDIS. This will list their impairments (funded disability(s)) and allow for a more focused support pathway. Current NDIS Participants will be notified of their changes after 1 January 2025;
- The NDIS has introduced definitions of what is an NDIS Support is; meaning what can be claimed as a NDIS Support and what cannot be claimed as a NDIS Support;
- New NDIS Plans will be structured differently; meaning the budget is the budget and NDIS Plans can be divided further to allow more controlled spending; and
- Changes to the NDIS Plan can be implemented without requiring a new NDIS Plan to be developed.
Let’s get into a few more specific impacts of the legislation changes that Can + Will Plan Management and Navigation can help NDIS Participants navigate.
Still, trying to get your head around the previous changes in the National Disability Insurance Scheme (NDIS)? Check out this previous blog we put together: NDIS Review – Getting The NDIS Back On Track.
Let’s Explore Consumables Budget + How It Affects NDIS Participants
One area that is causing some inconsistencies is the Consumables Budget.
Before the changes, NDIS Participants were able to purchase items that were needed to assist in everyday life. May it be continence aids or low-cost adapted items such as a talking microwave for a person with low vision or blindness.
A grey area before the legislative changes was sensory or emotion regulation items. We are not denying that sensory items are very helpful and are important tools to have your in toolbox, but there are now strict guidelines in place. Before the changes, the NDIS never gave clear instructions if sensory items were claimable. Can + Will Plan Management and Navigation practices the “ownness of risk” policy; meaning, we would inform the NDIS Participant or stakeholder of the risk that came along with claiming sensory items using the NDIS Plan. If the NDIS deems the item to not be “reasonable and/or necessary” the NDIS could ask for the NDIS Participant or stakeholder to pay the money back.
The Transitional Rules introduced with the legislative changes indicate that “everyday items” are not classified as claimable NDIS supports – this includes toys.
What is an everyday item you may ask?
Can + Will Plan Management and Navigation understands these items to be one standard item, not modified for disability and readily available to purchase by anyone. Whilst some items can be purchased from specialty stores, the item or similar items can also be found at mainstream shops and online shopping sites. It’s about the item, not where it’s purchased from. One such example and a contentious subject is noise-cancelling headphones. Can + Will Plan Management and Navigation regularly receive claims for headphones; however, these can be purchased through mainstream shops and online sites and are not specific to a person’s disability.
If purchasing an item from your Consumables budget, you need to ask yourself:
“Is this item modified to suit my disability?”
This can mean, has the item I wish to purchase has been changed to suit my disability needs specifically.
For example: if you are needing glasses but have one ear, then your frames will need to be modified to suit your needs. The lenses will not be covered by the NDIS as glasses are an “everyday item” and can be covered by the Health System.
Can + Will Plan Management and Navigations’ team have attended several meetings to seek more clarity around sensory items but has found not much guidance. However, the NDIS Plan Managers and Support Coordinators peak body, Disability Intermediaries Australia (DIA) have advised following discussions with the NDIA that NDIS Plan Managers advise their NDIS Participants to seek approval from their NDIS Plan Manager or a delegate who has the authority to approve such purchases and to have that put into writing. Once the approval has been granted, Can + Will Plan Management and Navigation will process the invoice.
Art + Music Therapies: Will These NDIS Supports Go?
Another area that is causing great concern is whether art and music therapies will continue to be available as NDIS Supports.
Following feedback to the NDIA from NDIS Participants and providers regarding proposed changes and dilution of art and music therapies as Capacity Building supports, the NDIS has commissioned a review. Dr Stephen Duckett AM, a leading health economist has been contracted to lead the review to assess the evidence of effectiveness for people with disability, the qualifications and peak body registration of for the practitioners, and applicable pricing. Until the outcome of the review, the status and eligibility of Art and Music therapies as NDIS Supports remain in place.
Understanding your Stated Supports can be tricky, but with Can + Will Plan Management and Navigation it’s a breeze! Check out this previous blog we put together: What Are NDIS Stated Supports + What Can I Use Them For?
Mainstream Supports -VS- Capacity Building NDIS Supports
Australia is the only country in the world that has a system like the NDIS, even with all the faults and frustration it causes, we are lucky enough to be able to re-vamp the system in order for it to remain sustainable.
The NDIS and Medicare are looking at supports and services and how to manage both systems without creating overlaps. This will take a few different shapes, however, at Can + Will Plan Management and Navigation we are seeing more and more NDIS Plans come through without supports such as psychology or dietitian notes. With the legislative changes, these will need to be funded and specified in an NDIS Participants NDIS Plan to access these types of supports.
At present, most NDIS Plans have supports listed, but some do not. If the NDIS Plan is vague, the NDIS Participant can access the NDIS supports they feel are suitable and specifically related to their funded disability. If noted in their NDIS Plan, this could mean that the NDIS Participant can access a psychologist or a dietitian without scrutiny. But if the Capacity Building Improved Daily Living Skills funding allocation notes what supports can be utilised from the funding line, without written consent from the NDIS Planner or approved delegate, the funding cannot be spent any other way.
The reasoning behind focusing on psychology and dietitians is due to the fact the Healthcare System can support these services. All Australian citizens can access their local GP to gain a Care Plan that will enable them to access these two services at a subsidised rate. However, there are special circumstances where an NDIS Participant will have psychology and/or a dietitian listed in their NDIS Plan because they might require a more focused or intense support to manage their funded disability. But again, it will need to be either written in their plan or have the NDIS Planner or Delegate put in writing that these supports can be accessed through the NDIS Plan.
Can + Will Plan Management and Navigation + Your NDIS Plan Management Needs
Being a part of the National Disability Insurance Scheme (NDIS) landscape is definitely keeping everyone on their toes.
Can + Will Plan Management and Navigation is determined to stay informed to ensure our NDIS Participants are supported with knowledgeable team members leading the way. We understand that navigating your plan can feel like a daunting task, which is only worsened by how complex the NDIS can seem at times.
Can + Will Plan Management and Navigation is dedicated to providing a personal and professional approach to helping you understand your NDIS Plan and navigate your stated supports! We believe that informed decision making and proactive NDIS Plan Management are key to making the best outcomes for our NDIS Participant clients.
Get in touch to start your NDIS journey on the right foot and stay informed on what your plan can do for you!
