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Understanding Changes to NDIS Legislation: A Guide to What the NDIS Will Fund

Writer's picture: Aaron NorrishAaron Norrish

Updated: 2 days ago

Navigating the National Disability Insurance Scheme (NDIS) can feel overwhelming, especially when it comes to understanding what supports and services are funded. Fortunately, the Australian Government has been instrumental in implementing changes to the NDIS legislation, providing a valuable resource called ‘Would We Fund It?’ on their official website. This guide helps participants, families, and providers better understand the criteria the NDIS uses to determine whether a support or service will be funded. A new rule has been introduced to manage plans more effectively, ensuring participants do not deplete their funding too quickly.


changes to NDIS legislation - 5/12/2024
changes to NDIS legislation - 5/12/2024

What is NDIS Support?


At its core, NDIS support refers to any service, product, or assistance that helps a person with a permanent and significant disability achieve their goals, increase independence, and participate in the community. However, not every request will be funded. The NDIS must ensure that all funded supports meet certain criteria. The 'substitution rule' allows participants to request specific support services previously on the 'No List' to be reconsidered for inclusion on the 'Yes List,' emphasising its importance and the complexity of the process involved in applying for this change.


There are ongoing conversations within the disability community about the implications of NDIS support.


Key Criteria for NDIS Funding


The NDIS assesses funding requests based on the following principles, as outlined in the NDIS Act:

  • Reasonable and Necessary: Supports must be reasonable and necessary for the participant’s specific needs.

  • Related to Disability: The support must directly relate to the participant’s disability.

  • Value for Money: Supports must represent value for money when compared to alternative options.

  • Effective and Beneficial: The support must deliver real benefits to the participant.

  • Not Duplicating Other Services: Supports that are already provided through mainstream services (e.g., health or education systems) are generally not funded by the NDIS.


The concept of 'total funding' plays a crucial role in establishing a fixed amount available under old framework plans, emphasising the importance of clear budgeting for supports provided to participants.


The new rules clarify these criteria and their application, ensuring that the definition of supports and overall flexibility for participants are well understood.


Categories of NDIS Supports


The NDIS identifies 37 categories of supports that are eligible for funding. Below are some key examples:

  • Accommodation Assistance or Tenancy Assistance: Includes supports to help participants secure or maintain suitable accommodation, including rental applications and short-term housing solutions.

  • Assistance Animals: Covers the assessment, provision, and ongoing care of eligible assistance animals.

  • Coordination of Life Stages and Transitions: Short-term supports to assist participants in managing significant life changes.

  • Assistance with Employment or Education: Supports for employment preparation, transition, and further education.

  • Daily Life Tasks in Shared Living Arrangements: Assistance with daily tasks for participants in shared or temporary accommodations.

  • Travel and Transport Assistance: Transport solutions for participants unable to travel independently.

  • Assistive Equipment for Recreation: Supports for equipment modifications for recreational activities.

  • Assistive Products for Household Tasks: Products designed to make household tasks more accessible.

  • Personal Care and Safety Products: Includes adaptive clothing, hygiene aids, and mobility aids.

  • Communication Equipment: Supports for assistive communication technology.

  • Community Nursing Care: High-level clinical care for participants with complex health needs.

  • Therapeutic Supports: Evidence-based therapies to improve functional capacity.

  • Vehicle Modifications: Assistive products and vehicle modifications for enhanced mobility.

  • Specialist Positive Behaviour Support: Development and implementation of behavioural intervention plans.

  • Early Intervention Supports for Children: Therapy and support for children aged 0-9 to improve long-term outcomes.


Each category is designed to address specific participant needs and align with NDIS funding criteria, ensuring they meet NDIS quality standards.


These categories are also informed by recommendations from the NDIS Review.


Replacement Supports


While some supports are not typically funded by the NDIS, they may be considered as replacement supports under specific circumstances.


Day-to-Day Living Supports


  • Replacement Support: Standard commercially available household items.

    • Specific Circumstances: If there is clear evidence that the need for the item relates specifically to the participant’s impairment and meets the disability or early intervention requirements.

    • The item must increase whole-task independence and reduce or eliminate the need for a support worker or disability-specific assistive technology.

    • Proposed Support Category: Consumables, Assistive Technology.


  • Replacement Support: Smartwatches, tablets, smart phones, and apps for accessibility/communication purposes.

    • Specific Circumstances: For participants who require these devices to meet communication and accessibility needs.

    • For example, a participant with complex communication needs who uses a tablet as their primary communication device, which cannot be shared and serves as the most appropriate solution for their needs.

    • Note: Any smart device used for tracking purposes could be considered a restrictive practice and must be assessed in that context.

    • Proposed Support Category: Consumables, Assistive Technology.


These replacement supports are evaluated on a case-by-case basis, ensuring they align with the core NDIS principles of being reasonable, necessary, and directly related to the participant’s disability.


Helpful Resources from the NDIS Website


The ‘Would We Fund It?’ section provides real-life scenarios and examples of commonly asked funding questions. You’ll find examples such as:

  • Will the NDIS fund gym memberships?

  • Are home modifications covered?

  • What about assistive technology or therapy sessions?


Each example is broken down with clear explanations on whether the NDIS would fund it and why. This section helps participants understand the NDIS rules.


These resources also provide information on the new laws affecting NDIS funding. The Commonwealth and state and territory governments work together during key discussions, such as the Disability Reform Ministers' Meeting, to ensure that the rules and responsibilities related to funding and service support are clearly defined and agreed upon.



Accessing the PDF Resources


The NDIS also provides downloadable PDFs summarising key funding principles and examples. These documents are great tools for reference and can help you better prepare for planning meetings or funding applications. The PDFs provide detailed information on how the NDIS works.


The partnership between Commonwealth, state, and territory governments, particularly through the Disability Reform Ministers' Meeting, ensures that support systems work effectively and meet the needs of individuals by providing consistent and clear rules regarding funding and resource allocation.


These resources also cover recent amendments to the NDIS legislation, including the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024, which aims to enhance the Scheme’s operations and overall participant experience through new laws and rules that will be implemented gradually.



Final Thoughts


Understanding what the NDIS will and won’t fund can save you time, reduce frustration, and help set realistic expectations. By using resources like the ‘Would We Fund It?’ page and its accompanying PDFs, you can approach your NDIS journey with more confidence. Supporting participants through changes in NDIS legislation is crucial for ensuring a smoother transition and improved experiences.


For more clarity and assistance with navigating NDIS funding, Simplified Plan Management is here to help. Reach out to us today, and let’s simplify your NDIS experience!

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