FOI 24.25 1331 Decision Documents.pdf

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DOCUMENT 1
Frequently asked questions about
legislation – 10 December 2024
On this page:
•
New
•
General
•
Transition, future changes and co-design
•
NDIS supports (s10)
•
Budget amounts, components, periods (s33)
•
Eligibility reassessments (s30/30A)
•
Foundational supports
•
Access (s21)
•
Impairment notices (s32BA)
•
Support needs assessment (s32L)
•
Plan management decisions (s44)
•
Right to appeal decisions
•
Providers
New
Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports. They are what we call disability-related health
supports .
These include:
•
low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•
modiﬁed foods including liquid thickener products
•
help to prepare speciﬁc foods which you can safely eat
•
a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
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The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wel being’ category (pg. 81-82).
The PAPL is currently being reviewed and wil be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list? (New)
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skil s. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
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Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Are art and music therapy NDIS supports? (New)
While art and music therapy remain al owed, there is insufficient evidence of the effectiveness
of these therapies to improve disability-related function to be classiﬁed as a ‘therapy’ under the
new deﬁnition of NDIS supports.
What are the new arrangements for accessing art and music therapy
through the NDIS? (New)
Participants wil  continue to have access to music and art activities.
However, from 1 February 2025, NDIS participants wil  no longer be able to claim art and music
activities as therapeutic supports.
Participants wil  be able to access these supports in 2 different ways through their community
participation budget:
•  At a 1 to 1 rate of $67.56 an hour when delivered by a registered provider.
•  At a group rate of $193.99 an hour when delivered to a minimum of 4 participants by a
registered provider.
If music or art therapy is stated in a participant’s plan as reasonable and necessary, they can
continue to access these supports at the higher rate.
How will these changes impact current participants and providers?
(New)
Participants and providers can continue with their current arrangements until 1 February 2025.
After this date, the new pricing structure wil  apply.
Participants wil  continue to have access to music and art activities.
Participants wil  be able to access these supports in 2 different ways through their community
participation budget:
•  At a 1 to 1 rate of $67.56 an hour when delivered by a registered provider.
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•  At a group rate of $193.99 an hour when delivered to a minimum of 4 participants by a
registered provider.
If music or art therapy is stated in a participant’s plan as reasonable and necessary, they can
continue to access these supports at the higher rate.
Why is the NDIA updating the guidance for music and art therapy?
(New)
The updated guidance reﬂects the legislative changes that are being made to ensure NDIS
participants have access to evidence-based, disability-related supports. The new guidance
clariﬁes what NDIS participants can and cannot spend their funding on.
There’s currently not enough evidence that art and music therapy wil  be, or are likely to be,
effective and beneﬁcial to participants, taking into account current good practice.
What has the NDIA found about the effectiveness of music and art therapy? (New)
In implementing new Government legislation, the Agency has undertaken a review of existing
evidence and research about the effectiveness of art and music therapy in improving or
maintaining the functional capacity of participants as related to their disability.
While art and music therapy remain permissible under the Scheme, they do not meet the
evidentiary standards required to be classiﬁed as a ‘therapy’ under the deﬁnition of NDIS
supports for all participants.
The allowable NDIS list includes ‘evidence-based therapy to help participants improve or
maintain their functional capacity in areas such as language and communication, personal
care, mobility and movement, interpersonal interactions, functioning (including psychosocial
functioning) and community living’.
Therapy (for example psychology or occupational therapy) is paid at a higher rate than many
other activities funded through the NDIS.
We understand that the evidence base in relation to art and music therapy is continuing to be
developed, as it relates to disability-related support. In recognition of this the NDIA is referring
art and music therapy to be assessed by the NDIS Evidence Advisory Committee (NDIS EAC).
The NDIS EAC was a key recommendation of the NDIS Review. Its role is to provide advice on
the evidence base for therapeutic supports accessed through the NDIS, improving outcomes
and ensuring better value for participants.
What types of therapies are considered evidence-based under the
NDIS? (New)
The ‘Supports that are NDIS supports’ list includes evidence-based therapies that help
participants improve or maintain their functional capacity in areas such as language and
communication, personal care, mobility and movement, interpersonal interactions, functioning
(including psychosocial functioning), and community living.
These therapies also include assessments by health professionals for support planning and
review as required. Examples include psychology and occupational therapy, which are funded
at higher rates than many other activities.
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How can providers register for community participation? (New)
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
General
What will change on 3 October?
For existing participants, key changes include:
•  The introduction of a deﬁnition of NDIS supports. These are:
o  supports that can be funded by the NDIS and stated by the NDIS rules to be
NDIS supports.
•  A replacement rule enabling participants to request a substitute or replacement support
that is not an NDIS support (in individual circumstances).
•  Plans approved after the law comes into effect wil  have:
o  total funding amounts
o  funding component amounts
o  funding periods.
•  This clariﬁes the amount of funds available in the plan and how long the funds need to
last.
•  The NDIA can consider changing a plan management type in speciﬁc circumstances;
o  For example, where someone needs support to manage and spend their plan
funds within the funding amount.
Other changes wil  happen when new NDIS Rules are made. This includes:
•  the creation of new participant pathways
•  the new planning framework
•  support needs assessment
•  budget model and ﬂexible budgets.
What won't be changing on October 3?
We want to reassure participants that for most, there won’t be major changes to the way they
experience the NDIS right now.
What is not changing is the purpose of the NDIS.
The NDIS will continue to provide participants with disability-related supports.

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What is the purpose of the new legislation?
The new legislation aims to:
•  Create the scaffolding needed to progress key NDIS Review recommendations in
partnership with people with disability and the disability community.
•  Clarify the intention of existing legislation to improve the delivery of the Scheme now,
reinforcing the original intent of the Scheme.
How will the new legislation affect NDIS participants?
Participants may see changes in:
•  how their eligibility is assessed
•  the supports that can be funded by the NDIS
•  how their plans are managed
•  how their funding is al ocated and needs to be spent
•  requirements for information gathering for eligibility reassessment.
What are NDIS Rules?
The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates.
States and territories are involved in the approval process for NDIS Rules.
Legislative instruments may be made by the Minister for the NDIS after consulting with affected
stakeholders.
Many of the changes to the NDIS wil  be implemented through new NDIS Rules.
The new NDIS Rules will outline how people can access the NDIS, what assessments are
needed, and how budgets wil  work.
Rules will be developed with people with disability, their families and carers and the disability
sector.
What is a transitional rule?
A transitional rule is a rule that the Minister for the NDIS can make within the ﬁrst 12 months of
the legislation being passed, ahead of ﬁnal rules being agreed with states and territories.

When will the changes take effect?
The new NDIS laws come into effect on 3 October 2024.
Some changes wil  happen as soon as the laws come into effect. These changes are about
returning the NDIS to its original intent.
Other changes wil  happen later, when new NDIS Rules are made. This includes the creation of
new participant pathways and the new planning framework – support needs assessment,
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budget model and ﬂexible budget.

Will there be consultation on these changes?
The changes were subject to consultation and consideration by the disability community,
disability representative and carer organisations, the NDIS Independent Advisory Council,
states and territories and the Community Affairs Legislation Committee.
There will continue to be opportunities for consultation to shape how these changes are
implemented. Those directly impacted by key decisions about the Scheme wil  continue to play
a key role in developing the detail and in implementing the reforms.
What is the new planning framework?
The new planning framework guides how the NDIS wil  operate. It explains how people can
access the NDIS, how their needs are assessed, and how ﬂexible budgets are created.
Because of changes to the legislation, plans wil  be built differently in future. This means there
wil  be 2 kinds of NDIS plans.
If your plan was developed through the current planning approach, this will be cal ed an old
framework plan.
If your plan is developed using the new assessment model, this wil  be a new framework plan.
English is not my ﬁrst language. Will there be translated information
about the NDIS legislation?
The NDIA is committed to ensuring all communications on legislative changes are accessible to
everyone.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
The NDIA is working with the wider community to test and produce materials in a range of
accessible formats including:
•  Easy Read
•  Auslan
•  Braille.
Transition, future changes and co-design
What speciﬁc steps is the NDIA taking to ensure a smooth transition?
We are ful y committed to ensuring we reach every person – including those who may live in
more rural and remote areas or have unique accessibility or language needs.
The NDIA has begun an extensive communications campaign designed to ensure our more than
660,000 participants, as wel  as their supporters, know what they need to about changes to the
NDIS Act.
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The NDIA will continue to be clear on what is changing and when, so participants and their
supporters can be assured that future changes wil  be supported with transparency and
communication.

How will the NDIA work with the disability community to ensure that
the needs and concerns of participants are addressed throughout the
implementation of these changes?
It is essential people with disability continue to have a voice in how the detailed design is done
and how the changes are implemented.
The NDIA has been delivering reform in partnership with people with disability and the disability
community over the past 2 years.
This includes key partnerships with the Disability Representative and Carer Organisations and
the Independent Advisory Council.
Throughout July and August this year, the Agency’s Co-design Branch delivered 56 activities,
including consultation on the legislative changes to come into effect on 3 October 2024.
We have learnt a lot from these activities and continue to improve the way we work together
with the disability community.
In June 2024, the NDIA and disability organisations from across Australia shared a commitment
to work together on reforms to the Scheme.
Working in partnership with the disability community remains the cornerstone of implementing
change as we move forward.
Changes wil  be supported with transparency and communication.
What if there is a case for a support to get on the list? What do we do?
A NDIS Evidence Advisory Committee (EAC) will be established to provide independent and
transparent advice to Government on what works for participants.
The Committee will provide advice on the evidence base for therapeutic supports accessed
through the NDIS, improving outcomes and ensuring better value for participants.
This wil  ensure the supports funded under the Scheme are beneﬁcial, safe, evidence based
and cost effective.
The work of the Committee wil  be an important input into the development of the ﬁnal NDIS
Support Rule which wil  be developed with the disability community and States and Territories.
What wil  be co-designed going forward?
New co-design working groups have started meeting and wil  be steering a range of co-design
and engagement activities including future changes to the NDIS as a result of legislative change.
Key measures such as support needs assessments and budget models wil  be subject to
ongoing co-design.
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We wil  keep looking for new ways for people to have a voice and shape the work we do together.
NDIS supports (s10)
What is and is not a NDIS support?
From October 3 2024, the Government has released the lists of what NDIS participants can and
cannot spend their funding on.
The lists include items that are NDIS supports and items that are not NDIS supports.
Participants who need speciﬁc items for their disability wil  stil  be able to access those items
through these lists.
These lists are based on existing guidance, so in most cases there is unlikely to be any change to
the supports a person is currently using.
There wil  be a transition period for the ﬁrst year of the new NDIS supports lists to give
participants time to learn and understand.
If you’re unsure, there are a few things you can do:
•  read the NDIS Supports list on the Our Guidelines website.
•  we'l  also be sending a link to all participants
•  speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
•  if you’re stil  unsure, call us on 1800 800 110.
How long will I get to change my supports after the legislation change?
From 3 October 2024 you must use your funding to purchase services, items and equipment
that can be funded by the NDIS.
We wil  work with you to help you understand the new rules and access supports that are NDIS
supports.
What if I am delivering supports/ accessing supports that are now on
the non NDIS support list?
The Government has released deﬁnitions of NDIS supports making it clear what NDIS funds can
and cannot be used for. These deﬁnitions are based on existing guidance.
Lists of speciﬁc items that are allowable NDIS supports and those that are not allowed are on
the NDIS website.
If a support is included on the list showing what is not an  NDIS Support - it is not allowed to be
funded from NDIS plans from 3 October 2024.
There is a transitional rule allowing participants to continue to access supports that are not
NDIS supports if they were speciﬁcally identiﬁed as reasonable and necessary before 3 October
2024, for the duration of their existing plan.
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This also includes situations where the Administrative Appeals Tribunal has decided that the
support should be funded as a reasonable and necessary support.
This rule does not apply to sexual services, alcohol or drugs. These supports are speciﬁed in the
primary Act as non-NDIS supports.
NDIS participants will continue to receive the disability-related supports they need. However,
the NDIS was not designed to pay for the cost of everyday expenses.
Find more information on the supports lists .
How can I provide feedback or raise concerns about the changes to my
support?
You can contact your local area coordinator, early childhood partner or support coordinator.
You can also contact us.
It is likely that many participants will accidental y or unknowingly use
their funding on something not classiﬁed as an NDIS support. What
will happen to them, will there be a transition period to help people to
adjust to the changes?
We know it wil  take time for people to learn about and understand the new NDIS support lists
and we’ve heard participants’ concerns about what may happen if someone accidentally buys
something which is not an NDIS support.
That’s why there wil  be a transition period for the ﬁrst year (12 months) to help people to
understand the new NDIS Supports lists.
We wil  work with participants who make mistakes to make sure that they understand the NDIS
supports lists.
What if I make a mistake and accidental y purchase a support that’s on
the ‘out’ list?
A person who makes a mistake and claims an item which is not an NDIS support wil  not have a
debt raised for ﬁrst or second mistakes made in claiming where the support is worth less than
$1,500.
This means the NDIA must contact participants twice to explain what is and is not an NDIS
support before any debt of less than $1,500 is raised against them.
This rule applies to all participants (including participants who self-manage their funding),
nominees and child -representative for a 12-month period commencing from 3 October 2024.
For NDIS providers, it applies for 30 days.
This does not apply if a participant purchases il egal items with funding from their plans.
If incorrect claims are repeated or fraudulent, we may take further action.
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Firmer actions can include raising a debt or moving the participant onto an Agency-managed
plan.
What happens with purchases over $1500?
In the situation where the cost is above $1500 the transitional rule does not apply, and a debt
will be raised.
However, it is important to note that any debts related to purchases for $1,500 or more for non-
NDIS supports can be written off or waived under the existing provisions of the NDIS Act.
This includes waiver under section 195, which has been updated to allow a debt to be waived in
‘special circumstances’ if the participant unintentionally or unknowingly breaches the Act,
regulations, or rules.
It also allows consideration of the participant’s disability as part of a holistic assessment of
whether special circumstances exist.
If a debt arises for payments made for non-NDIS supports, it will only be recovered when it is
appropriate to do so in line with the Commonwealth policy on debt recovery.
The NDIA wil  keep using a structured process for debt management, focusing on compliance
and audit activities on repeated or intentional non-compliance.
We’l  always consider the individual circumstances, with education and support being the ﬁrst
consideration, particularly during the transition period.
This isn’t about trying to catch people out – we know participants want to do the right thing.
NDIA ‘Safety Net’ for debt
The NDIA has put in place a process that means if the Agency was ever to pursue a debt against
a participant – the NDIA CEO would need to sign off this decision ﬁrst.
This safety net is in place to ensure that raising any debt against a participant would be an
absolute last resort and such a decision would never be automated, rather it would not proceed
without thoughtful consideration at the most senior level of the Agency.
Purchases or provision of supports prior to 3 October 2024
Please note that the new requirement to spend NDIS amounts only on NDIS supports does not
apply to any support with a service or purchase date before 3 October.
If people have made a purchase or booking for an item that is not an NDIS support before this
date, they can make a claim for any cancel ation fee.
This does not apply if a participant purchases il egal items with funding from their plans.
What if evidence from my treating professional states I need a support
on the 'out' list?
If you think an item that isn’t a NDIS support is better for you, you can ask to substitute that
support.
Only some supports can be replaced.
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You can only spend your funding on a substitution if we have agreed in writing that you can buy
this support.
There are a few criteria that must be met before we can approve this.
The Rules say which types of supports can be replaced.
The substituted support must also:
•  replace one or more supports that are NDIS supports
•  be the same price or cheaper than the NDIS support it is replacing, and
•  be likely to provide the same or better outcomes than the NDIS supports it is replacing.
You can view the NDIS supports on Our Guidelines website.
What is a replacement support?
In some speciﬁc circumstances, we can fund supports that are not NDIS supports.
We call these replacement supports.
When we say replacement support, we mean the service, item or equipment you would like to
use instead of the NDIS support or supports in your plan.
Only some supports can be replaced and only if we agree in writing can you buy this support.
A replacement support isn’t an extra support. It replaces an existing NDIS support or supports in
your plan.
To ﬁnd out what can be considered as a replacement support, see What does NDIS fund?
When would a replacement support be requested?
We know that every participant has their own unique needs, and in speciﬁc circumstances a
participant might need to use their funding for a support that is not a NDIS support.
Participants can ask for a NDIS support to be replaced with certain non-NDIS supports. These
are called replacement supports.
This will enable participants to request a replacement of their existing support with a support
that is not a NDIS support.
This may occur in circumstances where a standard item might provide better outcomes and
cost the same or less than a NDIS Support.
A replacement support may include household items, or very speciﬁc items that support a
participant’s unique accessibility or communication needs.
Replacement supports must be from this pre-approved replacement supports list.
Applications can be made for the items speciﬁed below:
•  Standard commercially available household items
•  Smart watches
•  Tablets
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•  smart phones
•  apps for accessibility/communication purposes
For more information about replacement supports including how to apply for them, see What
does NDIS fund?
What’s the process for a replacement support?
To get a replacement support approved, the Agency needs to be satisﬁed the replacement
support wil  provide the same or better outcomes and cost the same or less than another NDIS
support that is already in the participant’s plan.
Participants must apply for and receive approval of a replacement support before purchasing
the support.
It cannot be done after purchasing a non-NDIS support.
Participants can ﬁl  out an application for a replacement support on the NDIS website or provide
the same information in an email or over the phone.
If your application for a replacement support for an item is not approved, you can’t apply for that
same replacement support again for 12 months.
Replacement support example
The NDIS is not designed to fund items such as an iPad or Apple watch.
However, should a participant know that they are able to communicate with their loved ones or
a worker by using an iPad – rather than a specialist and more costly piece of equipment – then
they can request the Agency to fund this.
The NDIA wil  then consider this request and may wel  say ‘Yes, absolutely that makes sense –
so we wil  fund that on this occasion’.
That’s a really clear example of replacing a more expensive item with a better, more cost-
effective solution.
This just makes sense.
It’s important to note the list of replacement supports won’t apply for every participant.
The funding of a replacement support wil  only beneﬁt some participants, who due to their
unique circumstances, are clearly able to demonstrate that a speciﬁc item or support, wil
beneﬁt them and provide a better, more cost-effective option.
Is there someone I can ask at the NDIA to check that I am doing the
right thing?
You can contact your local area coordinator, early childhood partner or support coordinator to
help you understand what supports you can buy.
You can also contact us.
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How will the NDIA ensure this process is easy and accessible?
We are committed to ensuring that all communications about the Government changes are
accessible to everyone.
That's why we are working with the sector and our suppliers to test and produce materials in a
range of accessible formats, including Easy Read documents, animations/videos and Auslan.
An important part of our website accessibility is that content can be easily accessed, including
for those using screen readers.
We are working with the sector to develop and test messaging and agile approaches to
producing accessible content.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
Why is the change to Section 10 of the NDIS Act 2013 necessary?
We have heard consistently, particularly from participants self-managing their supports, that it
is not clear what they can spend their funding on.
Making it clear what the NDIS does, and does not, fund wil  help participants make more
informed choices about what they can use their funds for.
The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules
(Category A) that outline what is and is not an NDIS support.
It's going to take some time to make a Category A rule. We'l  work closely with the disability
community and state and territory governments to understand what should and shouldn’t be
included.
In the interim, the Minister may create a transitional NDIS Supports rule. This wil  be in place as
soon as the instrument is created and wil  have effect until the new Category A NDIS supports
rule is agreed.
Is Short Term Accommodation (STA) an NDIS support?
Yes, short term accommodation (STA) is included in the 'supports that are NDIS supports' list.
How does STA work?
STA is designed to help informal supports continue their caring role. It is one option that
provides participants and their informal supports time apart.

STA allows participants to stay away from their homes and informal supports for a short time. It
can be funded for up to 14 days at a time to a maximum of 28 days per calendar year.

STA funding can be used for assistance with self-care or community access and short-term
accommodation. It cannot be used to pay for day-to-day living costs such as food and
groceries, lifestyle costs or travel.

STA cannot be used to pay for items on the list of non-NDIS supports.

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Providers offering STA in a centre or group residence may include meals and activities within the
daily rate charged – in line with the NDIS Pricing Arrangements and Price Limits – however these
cannot be included if the participant choses to use STA in an individual setting.

We know there are stil  some questions about what can be claimed under STA, particularly if you
want to use a hotel or other accommodation options. A new operational guideline about STA wil
be available in December 2024 with more information.
How is STA funded?
STA is funded in a participant's core budget if it relates to their disability support needs, and
where it is reasonable and necessary.

It does not need to be stated in a participant's plan.

Participants can access STA as part of the 'assistance with daily life tasks in a group or shared
living arrangement' category on the NDIS supports list.

The NDIS funds standard rates for STA, which are available in the NDIS Pricing Arrangements
and Price Limits.

Generally funding for STA is for a group price, unless there is evidence that a participant needs
individual support.

STA cannot be used to pay for items on the list of non-NDIS supports.
Does STA cover the cost of transport?
Participants cannot use STA funding to pay for transport to the accommodation funded through
STA.

If a participant wants to access STA supports far away from their usual home, the cost of the
travel is a day-to-day living cost they are expected to pay for separately. Participants should
consider this when choosing an STA option that is right for them. Some participants may have
funding for transport to an activity or other support already in their plan. If a participant usually
needs transport support because of their disability, their provider may include the cost of
transport from the accommodation to activities they provide.
Can STA be used for holidays?
No. STA is not for holidays or tourist travel. It is designed to provide participants and their
informal supports time apart.

STA cannot be used to pay for items on the list of non-NDIS supports.

NDIS funding can’t be used to pay for:
•  cruises, holiday packages, holiday accommodation and airfares, passports, visas, or
travel and vehicle insurance
•  accommodation or travel expenses for family members or support workers
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•  theme parks, music, theatre, cinema, sporting events, and conferences
•  day-to-day living costs such as food or meals. In some cases, your provider may include
meals as part of your STA in a centre or group setting. The NDIS funds standard rates for
STA, so you may need to negotiate these costs with your provider. Once you have used
your STA funding, you can’t ask us for more. You can ﬁnd the rates in the NDIS Pricing
Arrangements and Price Limits.
If a participant requires support while on holiday, they can continue to use their usual non-STA
supports from their NDIS plan.

Participants should speak with their support coordinator, local area coordinator, early
childhood partner or planner if they are going on a holiday and need their NDIS supports
delivered in another location.
Is STA available for participants in Supported Independent Living or
living alone?
No. This is because if a participant is living alone or in a supported independent living
arrangement, they already have time apart from family and informal supports.
What are the impacts on individualised living options (ILO) in relation
to rent and rental subsidies?
An ILO arrangement should be delivered in line with the ILO guideline . ILO is a package of
supports to help a participant live in their chosen home environment in a way that best suits
them. It does not fund the home itself.

An ILO includes an agreed ILO service proposal and is overseen by a provider. An ILO does not
include a participant’s rent or mortgage payments, or everyday costs like food, electricity or
internet bills.

If participants are living with people who offer them support throughout their day or week, and
who have ILO funding in their plan and an ILO arrangement in place, the changes to Section 10
in the Amended NDIS Act (NDIS supports) wil  not impact payments for these supports. The
supports provided must be in line with the participant’s ILO service proposal and the ILO
Operational Guidelines and Section 10 requirements for NDIS supports .

The new NDIS transitional rules covering these supports align with existing ILO policy. They aim
to ensure participants are not using their NDIS funding to pay for their rental costs and are using
their NDIS funding to purchase NDIS supports under an agreed ILO arrangement.

Participants, their families and supporters interested in considering ILO arrangements should
contact the NDIS or a local area coordinator for more information.

A new policy on ILO will be developed through co-design and released mid 2025.
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Is animal therapy an NDIS support?
Animal-assisted therapy can be an NDIS support -
therapeutic support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may
use an animal to play a role in a goal-directed, structured intervention which will assist the
therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be
used as a tool in a therapy session.
For example, a psychologist or counsel or may use an animal in therapy sessions to assist a
participant to calm, focus or regulate whilst the counsel ing/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to
participate in an activity such as walking, standing, balancing etc. In these interventions, the
animal may be used by the therapist to help the client meet speciﬁc goals but the therapy is
delivered to the participant by the allied health professional, with the animal used to support
participation.
Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as
engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the
service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
These activities are not animal-assisted therapeutic interventions and are not NDIS Supports,
even if the provider of the service is an allied health professional.
What about supports to participate in social and recreational
opportunities that include animals?
The NDIA and NDIS acknowledges that NDIS participants may engage in programs that include
animals to provide sporting, social and recreational opportunities for people with disabilities,
and capacity building support.
This may include for example, participation in horse riding.
If NDIS participants need extra help to participate in horse riding activities because of their
disability, the extra help can be funded in their plan.
This extra help could be a support worker or assistive products that help the participant engage
in the activity when it is happening.
Participants might also use their therapy supports budget to work with a therapist to build their
skil s to do the sporting, social or recreational activity more independently in the future.
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NDIS participants wil  stil  need to pay for the general costs of their sporting, social or
recreational activities as these are costs that everyone must pay for these kinds of activities.
For example, everyone who wants an activity delivered to them has to pay for that activity
themselves whether or not they have a disability.
This is the same whether the activity includes an animal or not. Participants cannot use their
NDIS funding to pay for the costs of other sporting, recreational or social activities like surﬁng
lessons, basketball, art classes or gaming.
The bans on therapy supports like 'gaming therapy' or 'yoga therapy',
does that include social group programs which include these
strategies?
Noting also that most therapists utilise some type of games in therapy sessions as standard
practice, as part of building various skil s.
Supports that provide evidence-based therapy to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence based therapeutic supports can only
be delivered by an allied health professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
What about if my activity is delivered through a disability-speciﬁc
group or centre-based program?
If your activity is being delivered through a group and centre-based program and the costs of the
activity and the support you need are ful y covered by the hourly rate charged by the provider in
line with the NDIS Pricing Arrangements, you can purchase your group and centre-based
program using your NDIS funds.
If your group and centre-based program does not cover the costs of an activity within the hourly
rate they charge to support you in that activity then you wil  need to pay for the cost of the
activity yourself.
For example, if your group and centre-based program goes bowling and the cost of bowling is
not covered by the approved hourly rate then you need to pay for these costs yourself.
Is Lego therapy included on the out list? Do delegates have clarity
about therapy supports and which supports are al owed?
Supports that provide evidence-based therapy, to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence-based therapeutic supports can
only be delivered by an allied health professional or appropriately qualiﬁed professional.
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Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
Activities that are delivered without a best quality evidence-base and/or by people who are not
appropriately qualiﬁed to develop and deliver therapy are not funded as therapeutic supports.
You can ﬁnd more information about alternative and complementary therapies that are not
evidence-based at What does NDIS fund?
Training on al  legislative changes is being delivered to all delegates. Guidance for delegates has
also been updated across NDIA systems.
Can NDIS funding be used to purchase pet insurance for assistance
animals?
NDIS funding can be used to buy an assistance animal and pay for most of its associated costs
when approved by the NDIA.

However, funding cannot be used to pay for pet insurance for an assistance animal. More
information about assistance animals is available in Our Guideline – Assistance animals .

NDIS funding can’t be used to buy pets or companion animals, or to pay for any pet or
companion animal related costs including:
•  Pet food, toys or accessories
•  Veterinarian costs
•  Pet boarding
•  Pet grooming
•  Pet insurance
•  Taxidermy and pet cremations, burials or funerals.
Is specialised driver training an NDIS support?
The NDIS supports list describes that driver training with a specialised vehicle driving instructor
can be funded for eligible participants.

A specialised vehicle driving instructor is someone who has experience and training in providing
driving instruction to people with disability and is registered or licensed to be a driving instructor
in the relevant State or Territory.

The information available in current operational guidance remains applicable.
Our Guideline – Vehicle modiﬁcations and driving supports describes the range of driver
supports that may be funded:
•  A driver trained occupational therapist assessment and a driving instructor for the on-
road part of the assessment, if a participant plans to drive the vehicle.
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• Specialised driving lessons - additional driving lessons where a participant’s disability
impacts their ability to learn to drive.
Are disability speciﬁc bicycles, including electric bicycles, considered
an NDIS support?
Yes. Bicycles or tricycles, with or without an electric motor, that include disability speciﬁc
features, or have been designed to meet the disability speciﬁc needs of a participant, are an
NDIS support.
This is because they are considered an assistive product for recreation and can be funded if
they also meet the ‘reasonable and necessary’ criteria applied to all NDIS supports.
The costs associated with adapting or modifying a standard bicycle or tricycle to meet a
participant’s disability speciﬁc needs may also be an NDIS support. However, in these
circumstances the participant, or their family, would need to self-fund the cost of the bicycle or
tricycle that is being adapted or modiﬁed.
Standard, non-modiﬁed, bicycles or tricycles including electric bicycles are not NDIS supports.
In some speciﬁc circumstances, the NDIS may fund supports that are not listed as NDIS
supports. These are called replacement supports. Electric bicycles are not considered standard
commercially available household items and therefore are not a support for which a
replacement can be requested.
Are sexual services an NDIS support?
Under the laws of the NDIS sexual services can’t be funded.
Sexual services is not deﬁned in the legislation but is given its ordinary meaning by the NDIA.
Sexual services are taken to include any sexual conduct undertaken with a participant for
payment or reward, including direct physical activity between a participant and another person
for the purpose of sexual gratiﬁcation.
This includes all services that may be provided by a sex worker.
The NDIS will continue to provide reasonable and necessary funding to participants to access
the disability related supports and services they need.
This includes other sexuality related supports due to a participant’s disability, for example
adaptive equipment, sex counselling and individualised sexual education supports where
reasonable and necessary.
How does the al owable NDIS supports list work?
The list of allowable NDIS supports is not exhaustive, meaning it does not exclude items that are
not speciﬁcally listed.
The purpose of the list is to clarify the types of supports that fall under the overarching
description.
It is important for participants to know that for something to be considered an NDIS support, it
must ﬁt within the overarching description provided in schedule 1 (however it does not have to
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be speciﬁcally listed) and of course, must not be included in the non-allowable NDIS supports
list.
The NDIS support list includes high intensity daily personal activities,
and states that supports must be provided by a worker with additional
qualiﬁcations and experience. What does this mean?
You should ensure that the people providing your high intensity daily personal activity supports
have relevant qualiﬁcations and/or training to deliver the support to you safely and
appropriately.
The NDIS Quality and Safeguards Commission provides guidance which describes the skil s and
knowledge that NDIS providers and workers should ensure they have when supporting
participants receiving high intensity daily personal activities.
You can ﬁnd more information about this guidance on the NDIS Commission website .
Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports.They are what we call disability-related health
supports .
These include:
•  low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil  fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wel being’ category (pg. 81-82).
The PAPL is currently being reviewed and wil  be updated to be consistent with current practice.
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Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list? (New)
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skil s. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
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Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Budget amounts, components, periods (s33)
When does this apply?
NDIS plans approved after 3 October 2024 will specify a total budget amount for all supports
across the length of the plan.
This wil  not affect current plans. The change will be applied to new plans on approval.
What are funding periods?
Currently participants can access all the funding in their plan at any time.
This can make it hard for participants to budget and can also make them vulnerable.
In the future, for participants with stable support needs, the introduction of funding periods
al ows for the creation of longer-term plans, for instance 2, 3 or 5 years.
For now, al  new plans created after 3 October 2024 wil  have a funding period of 12 months.
Funding periods deﬁne how often a participant can access a portion of their total budget
amount or funding component amounts.
This helps avoid plan inﬂation and manage risk.
Unspent funds will rol -over between funding periods within the same plan.
This approach ensures that support is available as needed over time.
This wil  make it easier for participants to spend in accordance with their plan.
Participants wil  know how much funds they have, what amount for what component and how
long the funds need to last.
What is total budget amount?
Plans wil  include a total budget amount showing the total cost of all supports across the length
of the plan.
There wil  be tools available for participants to help manage their budgets.
When the law ﬁrst comes into effect on 3 October 2024, all funding periods wil  be 12 months.
From early 2025, shorter funding periods wil  be available for those who need them.
This wil  make it easier for participants to spend in accordance with their plan.
They wil  know how much funds they have, and how long the funds need to last.
Can unused funding be rolled over to the next funding period?
Any unused funding will rol -over between funding periods within a plan.
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Unused funding will not rol -over into new plans.
Can funding from a future funding period be brought forward?
Future funding periods cannot be brought forward.
If you are running out of funding due to a change in your circumstances, you can contact the
NDIS to request a review of your plan.
Who decides what the funding period wil  be?
Funding periods will be discussed with participants during the planning process.
They will be determined by a range of factors including:
•  personal preference
•  frequency and type of supports
•  potential risks.
The NDIA  will consider funding periods with participants when deciding how their plans funds
are managed.
Can participants request a review of a decision about the funding
periods and total budget amounts in their plan?
If a participant is not happy with the funding periods and total budget amounts in their plan,
they can request an internal review of their plan.
Why is capacity building not ﬂexible with core?
The legislation and legislative instrument state only a small number of things are stated
supports. So everything else should be ﬂexible?
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
How will people who are Agency-managed have the same level of
support and choice?
How can participants make sure funding components are being utilised as ﬂexibly as possible,
especially when we don't have clarity around supported decision-making approaches?
Generally speaking, funding components wil  act the same as budgets and support categories
now, so participants shouldn’t experience any changes to how ﬂexible their plans are.
There are no changes regarding access to registered or unregistered providers as a result of the
legislation changes.
We wil  help participants and nominees understand these changes and implement their plans.
Participants can continue to access plan implementation support from their My NDIS Contact
or, support coordinator, plan manager or other services such as recovery coaches if they are
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funded in their plan. Plan managers and support coordinators are expected to provide
assistance to the participant to understand their funding options and choices.
If the participant needs additional assistance because of their supported decision making
needs, they can ask for capacity building funding in their plan.
If participants want to access more ﬂexibility with the ability to choose unregistered providers,
they can have a discussion about their plan management type with their planner or local area
coordinator.
Each plan can continue to have a mix of plan management types based on an individual
participant’s needs and preferences.
Training for NDIA staff on supported decision making has been designed and will begin to be
delivered from November 2024. This wil  assist planners to prioritise supported decision making
when having discussions with participants.
Can a participant negotiate to 'unstate' a support during planning?
The purpose of stating supports in a participant’s plan is to ensure speciﬁc disability needs are
addressed.
It is therefore not something that would generally be changed in the planning process.
Is there going to be enough ﬂexibility in these arrangements to enable
plans to work for people with volatile needs?
It may be about making a best guess with initial funding or a quick turnaround on change
requests, but standard approaches for all participants may not apply for this group.
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
Participants wil  continue to be able to make change requests when their circumstances
change. This includes requesting a variation for crisis or emergency funding as a result of a
signiﬁcant change to the participant's support needs.
As well as there being s10 rules around al owable supports in place,
will there be any restrictions on choice of registered providers for
home and living supports?
The NDIS Provider and Worker Registration Taskforce recently provided advice to the
Government on the design and implementation of a new regulatory model.
The Taskforce made 11 recommendations and 10 implementation actions covering provider and
worker registration, some of which required an immediate response and others that wil  be
designed with close consultation with the disability community. The Taskforce conducted
thorough consultation, and this important process wil  continue.
The NDIS Quality and Safeguards Commission will progress Rule changes to mandate
registration for support coordination, platform providers and SIL. Consultation on these
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changes wil  commence shortly. The new Rules wil  allow for a period of transition to the new
mandatory registration arrangements.
Currently, if a participant’s plan is Agency-managed, there are some constraints in place,
including that they must purchase from registered NDIS providers only.
Under the SDA Rules, SDA providers must also be registered.
Why do supports need to be listed in separate components?
Where is the legislative barrier against combining funding across components?
If it can be done using four categories under core components, then why can’t this be applied
with other categories?
A funding component amount in a plan might include funding for more than one support
category. This means a participant can choose how to spend their funding across all the
supports under that funding component amount.
For example, in the same funding component amount we can include any funding for:
•  transport
•  consumables
•  assistance with daily life
•  assistance with social, economic and community participation.
Eligibility reassessments (s30/30A)
What is the purpose of an eligibility reassessment?
Eligibility reassessments are not new and are normal practice in the NDIS. They have been a
part of the Scheme since the beginning.
The purpose of an eligibility reassessment is to check if a participant’s support needs are being
met or have changed.
For some participants, their support needs won’t change. For others, they may reduce over
time.
Reducing support needs over time is the aim of the Early Intervention criteria (section 25).
When we support people early, it can improve outcomes and reduce the need for supports later
in life.
How does the eligibility reassessment process work?
We send a letter to a participant (or nominee) to tel  them about the eligibility reassessment and
that we require information.
The new law means we can ask for other, speciﬁc information. This might include:
•  a speciﬁc type of assessment
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•  a speciﬁc report from an allied health professional.
We understand that it can take time to get this information. That’s why the new law allows 90
days to provide it. If the information isn’t available in 90 days, the participant (or nominee) can
ask for more time.
So far, we haven’t asked any participants for speciﬁc information. If we do, we wil  support
participants (or their nominee) to understand what we need, why we need it and when we need
it by.
If we decide someone isn’t eligible or they don’t respond to our request within the timeframe,
we may revoke their access to the NDIS. This helps ensure that support is accurately targeted to
those who need it.
There will also be rules to require mandatory eligibility reassessments, for example when
children turn 9.
Is the NDIA doing more eligibility reassessments?
The NDIA received funding to increase its overall staffing in the 2023/24 Budget to better service
the growing numbers of participants. This has enabled the Agency to undertake more
reassessments.
While the number of eligibility reassessments conducted recently has increased – due to
increased staffing and continued work to reduce an existing backlog – the number of
participants recommended for reassessment by local area coordination and early childhood
partners has remained stable.
Foundational Supports
Do the legislative amendments address foundational supports?
The amendments don't directly address foundational supports, the focus is on strengthening
the overal  framework of the NDIS.
This includes ensuring that necessary supports are available to participants, which may involve
foundational supports being addressed indirectly as part of the broader reforms and
improvements to the Scheme.
Access (s21)
What are the changes to access?
New participants wil  be informed if they meet access to the NDIS by meeting the:
•  disability requirements (s.24)
•  early intervention requirements (s.25)
•  both the disability and early intervention requirements.
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In the future, participants wil  be supported by the appropriate participant pathway, depending
on how they meet access.
What will the changes to access mean for participants?
In the future, participants will be supported to have a more tailored planning experience and
funding outcomes, depending on how they accessed the NDIS.
The impact of this change wil  happen later, once new pathways are created.
It wil  take time to create the new pathways, as we wil  work together with people with disability
on how these can be best implemented to ensure the needs of participants and the Agency are
met.
How do the changes impact early intervention?
People who meet access to the NDIS under the early intervention requirements wil  be
supported by the new early intervention pathway once it’s created.
Impairment notices (s32BA)
What is an impairment notice?
From 1 January 2025, al  new participants will receive an impairment notice when they access
the NDIS.
This change recognises people with disability who have the same ‘diagnoses’ may have different
impairments and support needs.
An impairment notice is a document that says you have a permanent disability or signiﬁcant
impairment.
There are 6 impairment categories in the NDIS Act.
Participants will be told which impairment category(s) they meet access for:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  psychosocial.
How will impairment notices improve the participant experience?
We wil  tel  you which impairment category, or categories, you meet access for in your
impairment notice.
This change means you wil  have a clear understanding of the impairments you meet access for.
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Over time, we wil  work with all existing participants to make sure they have an impairment
notice.
This approach aligns with the disability and early intervention requirements for access, ensuring
supports are tailored to the participant’s needs.
Participants may have multiple impairments that meet the disability requirements or early
intervention requirements.
What happens if  participants needs change?
Participants wil  have a clearer understanding of the impairments they meet access to the NDIS
for.
Impairment notices will ensure that the NDIA provides a planning experience and plan funding
outcomes which are tailored to each participant’s circumstances and disability.
Participants can seek a variation to add or remove impairments at any time after meeting
access.
If a participant disagrees with a decision about their impairment(s), they can ask for an
independent review.
Support needs assessment (s32L)
What is a support needs assessment?
A support needs assessment wil  assess a person holistically, looking at al  their disability
related support needs.
The support needs assessment will be a more person-centered and strength-based approach.
This allows the NDIA to move away from:
•  using the concept of primary disability
•  a reliance on functional assessments
•  deﬁcit-based approaches to understanding support needs.
A support needs assessment wil  inform a participant’s ﬂexible budget and stated supports.
The support needs assessment process will be co-designed with the disability community.
It wil  only start for new framework plans.
Plan management decisions (s44)
What does the NDIA consider when changing a plan management
decision?
When the NDIA decides how plan funds are managed, they wil  consider if the participant, their
nominee or child representative or registered plan manager:
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•  spent funding on NDIS supports
•  spent funding in line with the participant’s plan
•  presents an unreasonable risk to the participant by managing their funding.
If risks are identiﬁed, the NDIA may not support a participant’s request to self-manage or use a
registered plan manager.
What happens if a participant or their nominee have been convicted of
a criminal offence?
The NDIA wil  consider if the participant or their plan nominee have had any major criminal
convictions.
The participant’s funding wil  be Agency-managed if the participant or their nominee have been
convicted of an offence that:
•  carries at least 2 years of prison
•  involves fraud or dishonesty.
This will apply to all new and reassessed plans where a new plan approval decision is being
made.
Can a participant appeal a plan management decision implemented
by the NDIA?
Participants can appeal a plan management decision.
They should fol ow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
If a participant’s plan management type is changed, is the participant
notiﬁed and given reasons why?
We know how important it is for participants to have the control, independence and ﬂexibility in
arranging and paying for their own supports through self-management.
The NDIA wil  talk to the participant about the risks and safeguards they have considered when
making a plan management decision.
Where possible, they wil  support the participant to work towards their preferred plan
management type in the future.
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Right to appeal decisions
Will participants have the right to appeal agency decisions that they
are not happy with, for example changes to how their plan is managed
and the funding periods?
Participants can appeal a decision to approve a plan, which includes how the plan will be
managed. They can also appeal a decision relating to funding periods.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
Can participants still review decisions made by the Agency?
NDIS participants have always and wil  continue to have the right to review their NDIS package
and level of supports.
These legislative changes passed by Parliament do not change that right.
Providers
Do claims need to be submitted within 2 years of support being
provided? Is there a grace period?
Claims and payments (s45)
In the future, all claims must be made within 2 years of providing the support.
For the ﬁrst 12 months the NDIA wil  honour all claims made for supports provided before the
new NDIS law comes into effect on 3 October 2024.
How can providers register for community participation?
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
More information
If you have more questions about the changes to the NDIS, you can go to the Department of
Social Services website .
Get involved
Join Participant First  for opportunities to get involved.
This page current as of 10 December 2024
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DOCUMENT 2
Frequently asked questions about
legislation
On this page:
•
New
•
General
•
Transition, future changes and co-design
•
NDIS supports (s10)
•
Budget amounts, components, periods (s33)
•
Eligibility reassessments (s30/30A)
•
Foundational supports
•
Access (s21)
•
Impairment notices (s32BA)
•
Support needs assessment (s32L)
•
Plan management decisions (s44)
•
Right to appeal decisions
•
Providers
New
Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports. They are what we call disability-related health
supports .
These include:
•
low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•
modiﬁed foods including liquid thickener products
•
help to prepare speciﬁc foods which you can safely eat
•
a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
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Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wel being’ category (pg. 81-82).
The PAPL is currently being reviewed and wil be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list? (New)
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skil s. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
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What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Are art and music therapy NDIS supports? (New)
Yes, art and music therapy are NDIS supports.
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
What is the purpose of the Independent Review? (New)
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will assess:
•  The review of evidence of effectiveness of art and music therapy for people with
disability
•  Qualiﬁcations and registration of music and art practitioners
•  Pricing of art and music support
The Independent Review wil  also seek from music and art therapy associations any additional
peer-reviewed evidence that the supports are effective and beneﬁcial as a disability-related
support for most participants and are current good practice.
The Independent Review’s role and responsibility is to provide expert opinion on appropriate
pricing for music and art therapy, based on existing evidence as to whether the music and art
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therapy wil  be, or is likely to be, effective and beneﬁcial for participants, having regard to
current good practice.
How will the Independent Review impact current participants and
providers? (New)
Participants and providers can continue with their current arrangements. Evidence based
therapy currently allows providers to charge up to $193.99 per hour.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
Why is the NDIA updating the guidance for music and art therapy?
(New)
The Agency has an obligation under the NDIS Act to ensure a support wil  be effective and
beneﬁcial for a participant and is current good practice.
This requires the Agency to consider the available evidence of the effectiveness of the support.
For evidence-based therapy to be funded through the Scheme, there needs to be evidence that
the therapy helps participants improve or maintain their functional capacity in areas such as
language and communication, personal care, mobility and movement, interpersonal
interactions, functioning, and community living.
Evidence based therapeutic supports can only be delivered by an allied health professional.
The Agency has deferred the release of the operational guidance clarifying decision making on
therapy supports. Guidance wil  be updated in 2025 fol owing the Independent Review.
General
What will change on 3 October?
For existing participants, key changes include:
•  The introduction of a deﬁnition of NDIS supports. These are:
o  supports that can be funded by the NDIS and stated by the NDIS rules to be
NDIS supports.
•  A replacement rule enabling participants to request a substitute or replacement support
that is not an NDIS support (in individual circumstances).
•  Plans approved after the law comes into effect wil  have:
o  total funding amounts
o  funding component amounts
o  funding periods.
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•  This clariﬁes the amount of funds available in the plan and how long the funds need to
last.
•  The NDIA can consider changing a plan management type in speciﬁc circumstances;
o  For example, where someone needs support to manage and spend their plan
funds within the funding amount.
Other changes wil  happen when new NDIS Rules are made. This includes:
•  the creation of new participant pathways
•  the new planning framework
•  support needs assessment
•  budget model and ﬂexible budgets.
What won't be changing on October 3?
We want to reassure participants that for most, there won’t be major changes to the way they
experience the NDIS right now.
What is not changing is the purpose of the NDIS.
The NDIS will continue to provide participants with disability-related supports.

What is the purpose of the new legislation?
The new legislation aims to:
•  Create the scaffolding needed to progress key NDIS Review recommendations in
partnership with people with disability and the disability community.
•  Clarify the intention of existing legislation to improve the delivery of the Scheme now,
reinforcing the original intent of the Scheme.
How will the new legislation affect NDIS participants?
Participants may see changes in:
•  how their eligibility is assessed
•  the supports that can be funded by the NDIS
•  how their plans are managed
•  how their funding is al ocated and needs to be spent
•  requirements for information gathering for eligibility reassessment.
What are NDIS Rules?
The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates.
States and territories are involved in the approval process for NDIS Rules.
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Legislative instruments may be made by the Minister for the NDIS after consulting with affected
stakeholders.
Many of the changes to the NDIS wil  be implemented through new NDIS Rules.
The new NDIS Rules will outline how people can access the NDIS, what assessments are
needed, and how budgets wil  work.
Rules will be developed with people with disability, their families and carers and the disability
sector.
What is a transitional rule?
A transitional rule is a rule that the Minister for the NDIS can make within the ﬁrst 12 months of
the legislation being passed, ahead of ﬁnal rules being agreed with states and territories.

When will the changes take effect?
The new NDIS laws come into effect on 3 October 2024.
Some changes wil  happen as soon as the laws come into effect. These changes are about
returning the NDIS to its original intent.
Other changes wil  happen later, when new NDIS Rules are made. This includes the creation of
new participant pathways and the new planning framework – support needs assessment,
budget model and ﬂexible budget.

Will there be consultation on these changes?
The changes were subject to consultation and consideration by the disability community,
disability representative and carer organisations, the NDIS Independent Advisory Council,
states and territories and the Community Affairs Legislation Committee.
There will continue to be opportunities for consultation to shape how these changes are
implemented. Those directly impacted by key decisions about the Scheme wil  continue to play
a key role in developing the detail and in implementing the reforms.
What is the new planning framework?
The new planning framework guides how the NDIS wil  operate. It explains how people can
access the NDIS, how their needs are assessed, and how ﬂexible budgets are created.
Because of changes to the legislation, plans wil  be built differently in future. This means there
wil  be 2 kinds of NDIS plans.
If your plan was developed through the current planning approach, this will be cal ed an old
framework plan.
If your plan is developed using the new assessment model, this wil  be a new framework plan.
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English is not my ﬁrst language. Will there be translated information
about the NDIS legislation?
The NDIA is committed to ensuring all communications on legislative changes are accessible to
everyone.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
The NDIA is working with the wider community to test and produce materials in a range of
accessible formats including:
•  Easy Read
•  Auslan
•  Braille.

Transition, future changes and co-design
What speciﬁc steps is the NDIA taking to ensure a smooth transition?
We are ful y committed to ensuring we reach every person – including those who may live in
more rural and remote areas or have unique accessibility or language needs.
The NDIA has begun an extensive communications campaign designed to ensure our more than
660,000 participants, as wel  as their supporters, know what they need to about changes to the
NDIS Act.
The NDIA will continue to be clear on what is changing and when, so participants and their
supporters can be assured that future changes wil  be supported with transparency and
communication.

How will the NDIA work with the disability community to ensure that
the needs and concerns of participants are addressed throughout the
implementation of these changes?
It is essential people with disability continue to have a voice in how the detailed design is done
and how the changes are implemented.
The NDIA has been delivering reform in partnership with people with disability and the disability
community over the past 2 years.
This includes key partnerships with the Disability Representative and Carer Organisations and
the Independent Advisory Council.
Throughout July and August this year, the Agency’s Co-design Branch delivered 56 activities,
including consultation on the legislative changes to come into effect on 3 October 2024.
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We have learnt a lot from these activities and continue to improve the way we work together
with the disability community.
In June 2024, the NDIA and disability organisations from across Australia shared a commitment
to work together on reforms to the Scheme.
Working in partnership with the disability community remains the cornerstone of implementing
change as we move forward.
Changes wil  be supported with transparency and communication.
What if there is a case for a support to get on the list? What do we do?
A NDIS Evidence Advisory Committee (EAC) will be established to provide independent and
transparent advice to Government on what works for participants.
The Committee will provide advice on the evidence base for therapeutic supports accessed
through the NDIS, improving outcomes and ensuring better value for participants.
This wil  ensure the supports funded under the Scheme are beneﬁcial, safe, evidence based
and cost effective.
The work of the Committee wil  be an important input into the development of the ﬁnal NDIS
Support Rule which wil  be developed with the disability community and States and Territories.
What wil  be co-designed going forward?
New co-design working groups have started meeting and wil  be steering a range of co-design
and engagement activities including future changes to the NDIS as a result of legislative change.
Key measures such as support needs assessments and budget models wil  be subject to
ongoing co-design.
We wil  keep looking for new ways for people to have a voice and shape the work we do together.

NDIS supports (s10)
What is and is not a NDIS support?
From October 3 2024, the Government has released the lists of what NDIS participants can and
cannot spend their funding on.
The lists include items that are NDIS supports and items that are not NDIS supports.
Participants who need speciﬁc items for their disability wil  stil  be able to access those items
through these lists.
These lists are based on existing guidance, so in most cases there is unlikely to be any change to
the supports a person is currently using.
There wil  be a transition period for the ﬁrst year of the new NDIS supports lists to give
participants time to learn and understand.
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If you’re unsure, there are a few things you can do:
•  read the NDIS Supports list on the Our Guidelines website.
•  we'l  also be sending a link to all participants
•  speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
•  if you’re stil  unsure, call us on 1800 800 110.
How long will I get to change my supports after the legislation change?
From 3 October 2024 you must use your funding to purchase services, items and equipment
that can be funded by the NDIS.
We wil  work with you to help you understand the new rules and access supports that are NDIS
supports.
What if I am delivering supports/ accessing supports that are now on
the non NDIS support list?
The Government has released deﬁnitions of NDIS supports making it clear what NDIS funds can
and cannot be used for. These deﬁnitions are based on existing guidance.
Lists of speciﬁc items that are allowable NDIS supports and those that are not allowed are on
the NDIS website.
If a support is included on the list showing what is not an  NDIS Support - it is not allowed to be
funded from NDIS plans from 3 October 2024.
There is a transitional rule allowing participants to continue to access supports that are not
NDIS supports if they were speciﬁcally identiﬁed as reasonable and necessary before 3 October
2024, for the duration of their existing plan.
This also includes situations where the Administrative Appeals Tribunal has decided that the
support should be funded as a reasonable and necessary support.
This rule does not apply to sexual services, alcohol or drugs. These supports are speciﬁed in the
primary Act as non-NDIS supports.
NDIS participants will continue to receive the disability-related supports they need. However,
the NDIS was not designed to pay for the cost of everyday expenses.
Find more information on the supports lists .
How can I provide feedback or raise concerns about the changes to my
support?
You can contact your local area coordinator, early childhood partner or support coordinator.
You can also contact us.
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It is likely that many participants will accidental y or unknowingly use
their funding on something not classiﬁed as an NDIS support. What
will happen to them, will there be a transition period to help people to
adjust to the changes?
We know it wil  take time for people to learn about and understand the new NDIS support lists
and we’ve heard participants’ concerns about what may happen if someone accidentally buys
something which is not an NDIS support.
That’s why there wil  be a transition period for the ﬁrst year (12 months) to help people to
understand the new NDIS Supports lists.
We wil  work with participants who make mistakes to make sure that they understand the NDIS
supports lists.
What if I make a mistake and accidental y purchase a support that’s on
the ‘out’ list?
A person who makes a mistake and claims an item which is not an NDIS support wil  not have a
debt raised for ﬁrst or second mistakes made in claiming where the support is worth less than
$1,500.
This means the NDIA must contact participants twice to explain what is and is not an NDIS
support before any debt of less than $1,500 is raised against them.
This rule applies to all participants (including participants who self-manage their funding),
nominees and child -representative for a 12-month period commencing from 3 October 2024.
For NDIS providers, it applies for 30 days.
This does not apply if a participant purchases il egal items with funding from their plans.
If incorrect claims are repeated or fraudulent, we may take further action.
Firmer actions can include raising a debt or moving the participant onto an Agency-managed
plan.
What happens with purchases over $1500?
In the situation where the cost is above $1500 the transitional rule does not apply, and a debt
will be raised.
However, it is important to note that any debts related to purchases for $1,500 or more for non-
NDIS supports can be written off or waived under the existing provisions of the NDIS Act.
This includes waiver under section 195, which has been updated to allow a debt to be waived in
‘special circumstances’ if the participant unintentionally or unknowingly breaches the Act,
regulations, or rules.
It also allows consideration of the participant’s disability as part of a holistic assessment of
whether special circumstances exist.
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If a debt arises for payments made for non-NDIS supports, it will only be recovered when it is
appropriate to do so in line with the Commonwealth policy on debt recovery.
The NDIA wil  keep using a structured process for debt management, focusing on compliance
and audit activities on repeated or intentional non-compliance.
We’l  always consider the individual circumstances, with education and support being the ﬁrst
consideration, particularly during the transition period.
This isn’t about trying to catch people out – we know participants want to do the right thing.
NDIA ‘Safety Net’ for debt
The NDIA has put in place a process that means if the Agency was ever to pursue a debt against
a participant – the NDIA CEO would need to sign off this decision ﬁrst.
This safety net is in place to ensure that raising any debt against a participant would be an
absolute last resort and such a decision would never be automated, rather it would not proceed
without thoughtful consideration at the most senior level of the Agency.
Purchases or provision of supports prior to 3 October 2024
Please note that the new requirement to spend NDIS amounts only on NDIS supports does not
apply to any support with a service or purchase date before 3 October.
If people have made a purchase or booking for an item that is not an NDIS support before this
date, they can make a claim for any cancel ation fee.
This does not apply if a participant purchases il egal items with funding from their plans.
What if evidence from my treating professional states I need a support
on the 'out' list?
If you think an item that isn’t a NDIS support is better for you, you can ask to substitute that
support.
Only some supports can be replaced.
You can only spend your funding on a substitution if we have agreed in writing that you can buy
this support.
There are a few criteria that must be met before we can approve this.
The Rules say which types of supports can be replaced.
The substituted support must also:
•  replace one or more supports that are NDIS supports
•  be the same price or cheaper than the NDIS support it is replacing, and
•  be likely to provide the same or better outcomes than the NDIS supports it is replacing.
You can view the NDIS supports on Our Guidelines website.
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What is a replacement support?
In some speciﬁc circumstances, we can fund supports that are not NDIS supports.
We call these replacement supports.
When we say replacement support, we mean the service, item or equipment you would like to
use instead of the NDIS support or supports in your plan.
Only some supports can be replaced and only if we agree in writing can you buy this support.
A replacement support isn’t an extra support. It replaces an existing NDIS support or supports in
your plan.
To ﬁnd out what can be considered as a replacement support, see What does NDIS fund?
When would a replacement support be requested?
We know that every participant has their own unique needs, and in speciﬁc circumstances a
participant might need to use their funding for a support that is not a NDIS support.
Participants can ask for a NDIS support to be replaced with certain non-NDIS supports. These
are called replacement supports.
This will enable participants to request a replacement of their existing support with a support
that is not a NDIS support.
This may occur in circumstances where a standard item might provide better outcomes and
cost the same or less than a NDIS Support.
A replacement support may include household items, or very speciﬁc items that support a
participant’s unique accessibility or communication needs.
Replacement supports must be from this pre-approved replacement supports list.
Applications can be made for the items speciﬁed below:
•  Standard commercially available household items
•  Smart watches
•  Tablets
•  smart phones
•  apps for accessibility/communication purposes
For more information about replacement supports including how to apply for them, see What
does NDIS fund?
What’s the process for a replacement support?
To get a replacement support approved, the Agency needs to be satisﬁed the replacement
support wil  provide the same or better outcomes and cost the same or less than another NDIS
support that is already in the participant’s plan.
Participants must apply for and receive approval of a replacement support before purchasing
the support.
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It cannot be done after purchasing a non-NDIS support.
Participants can ﬁl  out an application for a replacement support on the NDIS website or provide
the same information in an email or over the phone.
If your application for a replacement support for an item is not approved, you can’t apply for that
same replacement support again for 12 months.
Replacement support example
The NDIS is not designed to fund items such as an iPad or Apple watch.
However, should a participant know that they are able to communicate with their loved ones or
a worker by using an iPad – rather than a specialist and more costly piece of equipment – then
they can request the Agency to fund this.
The NDIA wil  then consider this request and may wel  say ‘Yes, absolutely that makes sense –
so we wil  fund that on this occasion’.
That’s a really clear example of replacing a more expensive item with a better, more cost-
effective solution.
This just makes sense.
It’s important to note the list of replacement supports won’t apply for every participant.
The funding of a replacement support wil  only beneﬁt some participants, who due to their
unique circumstances, are clearly able to demonstrate that a speciﬁc item or support, wil
beneﬁt them and provide a better, more cost-effective option.
Is there someone I can ask at the NDIA to check that I am doing the
right thing?
You can contact your local area coordinator, early childhood partner or support coordinator to
help you understand what supports you can buy.
You can also contact us.
How will the NDIA ensure this process is easy and accessible?
We are committed to ensuring that all communications about the Government changes are
accessible to everyone.
That's why we are working with the sector and our suppliers to test and produce materials in a
range of accessible formats, including Easy Read documents, animations/videos and Auslan.
An important part of our website accessibility is that content can be easily accessed, including
for those using screen readers.
We are working with the sector to develop and test messaging and agile approaches to
producing accessible content.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
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Why is the change to Section 10 of the NDIS Act 2013 necessary?
We have heard consistently, particularly from participants self-managing their supports, that it
is not clear what they can spend their funding on.
Making it clear what the NDIS does, and does not, fund wil  help participants make more
informed choices about what they can use their funds for.
The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules
(Category A) that outline what is and is not an NDIS support.
It's going to take some time to make a Category A rule. We'l  work closely with the disability
community and state and territory governments to understand what should and shouldn’t be
included.
In the interim, the Minister may create a transitional NDIS Supports rule. This wil  be in place as
soon as the instrument is created and wil  have effect until the new Category A NDIS supports
rule is agreed.
Is Short Term Accommodation (STA) an NDIS support?
Yes, short term accommodation (STA) is included in the 'supports that are NDIS supports' list.
How does STA work?
STA is designed to help informal supports continue their caring role. It is one option that
provides participants and their informal supports time apart.

STA allows participants to stay away from their homes and informal supports for a short time. It
can be funded for up to 14 days at a time to a maximum of 28 days per calendar year.

STA funding can be used for assistance with self-care or community access and short-term
accommodation. It cannot be used to pay for day-to-day living costs such as food and
groceries, lifestyle costs or travel.

STA cannot be used to pay for items on the list of non-NDIS supports.

Providers offering STA in a centre or group residence may include meals and activities within the
daily rate charged – in line with the NDIS Pricing Arrangements and Price Limits – however these
cannot be included if the participant choses to use STA in an individual setting.

We know there are stil  some questions about what can be claimed under STA, particularly if you
want to use a hotel or other accommodation options. A new operational guideline about STA wil
be available in December 2024 with more information.
How is STA funded?
STA is funded in a participant's core budget if it relates to their disability support needs, and
where it is reasonable and necessary.

It does not need to be stated in a participant's plan.

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Participants can access STA as part of the 'assistance with daily life tasks in a group or shared
living arrangement' category on the NDIS supports list.

The NDIS funds standard rates for STA, which are available in the NDIS Pricing Arrangements
and Price Limits.

Generally funding for STA is for a group price, unless there is evidence that a participant needs
individual support.

STA cannot be used to pay for items on the list of non-NDIS supports.
Does STA cover the cost of transport?
Participants cannot use STA funding to pay for transport to the accommodation funded through
STA.

If a participant wants to access STA supports far away from their usual home, the cost of the
travel is a day-to-day living cost they are expected to pay for separately. Participants should
consider this when choosing an STA option that is right for them. Some participants may have
funding for transport to an activity or other support already in their plan. If a participant usually
needs transport support because of their disability, their provider may include the cost of
transport from the accommodation to activities they provide.
Can STA be used for holidays?
No. STA is not for holidays or tourist travel. It is designed to provide participants and their
informal supports time apart.

STA cannot be used to pay for items on the list of non-NDIS supports.

NDIS funding can’t be used to pay for:
•  cruises, holiday packages, holiday accommodation and airfares, passports, visas, or
travel and vehicle insurance
•  accommodation or travel expenses for family members or support workers
•  theme parks, music, theatre, cinema, sporting events, and conferences
•  day-to-day living costs such as food or meals. In some cases, your provider may include
meals as part of your STA in a centre or group setting. The NDIS funds standard rates for
STA, so you may need to negotiate these costs with your provider. Once you have used
your STA funding, you can’t ask us for more. You can ﬁnd the rates in the NDIS Pricing
Arrangements and Price Limits.
If a participant requires support while on holiday, they can continue to use their usual non-STA
supports from their NDIS plan.

Participants should speak with their support coordinator, local area coordinator, early
childhood partner or planner if they are going on a holiday and need their NDIS supports
delivered in another location.
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Is STA available for participants in Supported Independent Living or
living alone?
No. This is because if a participant is living alone or in a supported independent living
arrangement, they already have time apart from family and informal supports.
What are the impacts on individualised living options (ILO) in relation
to rent and rental subsidies?
An ILO arrangement should be delivered in line with the ILO guideline . ILO is a package of
supports to help a participant live in their chosen home environment in a way that best suits
them. It does not fund the home itself.

An ILO includes an agreed ILO service proposal and is overseen by a provider. An ILO does not
include a participant’s rent or mortgage payments, or everyday costs like food, electricity or
internet bills.

If participants are living with people who offer them support throughout their day or week, and
who have ILO funding in their plan and an ILO arrangement in place, the changes to Section 10
in the Amended NDIS Act (NDIS supports) wil not impact payments for these supports. The
supports provided must be in line with the participant’s ILO service proposal and the ILO
Operational Guidelines and Section 10 requirements for NDIS supports .

The new NDIS transitional rules covering these supports align with existing ILO policy. They aim
to ensure participants are not using their NDIS funding to pay for their rental costs and are using
their NDIS funding to purchase NDIS supports under an agreed ILO arrangement.

Participants, their families and supporters interested in considering ILO arrangements should
contact the NDIS or a local area coordinator for more information.

A new policy on ILO will be developed through co-design and released mid 2025.
Is animal therapy an NDIS support?
Animal-assisted therapy can be an NDIS support - therapeutic support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may
use an animal to play a role in a goal-directed, structured intervention which will assist the
therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be
used as a tool in a therapy session.
For example, a psychologist or counsel or may use an animal in therapy sessions to assist a
participant to calm, focus or regulate whilst the counsel ing/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to
participate in an activity such as walking, standing, balancing etc. In these interventions, the
animal may be used by the therapist to help the client meet speciﬁc goals but the therapy is
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delivered to the participant by the allied health professional, with the animal used to support
participation.
Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as
engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the
service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
These activities are not animal-assisted therapeutic interventions and are not NDIS Supports,
even if the provider of the service is an allied health professional.
What about supports to participate in social and recreational
opportunities that include animals?
The NDIA and NDIS acknowledges that NDIS participants may engage in programs that include
animals to provide sporting, social and recreational opportunities for people with disabilities,
and capacity building support.
This may include for example, participation in horse riding.
If NDIS participants need extra help to participate in horse riding activities because of their
disability, the extra help can be funded in their plan.
This extra help could be a support worker or assistive products that help the participant engage
in the activity when it is happening.
Participants might also use their therapy supports budget to work with a therapist to build their
skil s to do the sporting, social or recreational activity more independently in the future.
NDIS participants wil stil need to pay for the general costs of their sporting, social or
recreational activities as these are costs that everyone must pay for these kinds of activities.
For example, everyone who wants an activity delivered to them has to pay for that activity
themselves whether or not they have a disability.
This is the same whether the activity includes an animal or not. Participants cannot use their
NDIS funding to pay for the costs of other sporting, recreational or social activities like surﬁng
lessons, basketball, art classes or gaming.
The bans on therapy supports like 'gaming therapy' or 'yoga therapy',
does that include social group programs which include these
strategies?
Noting also that most therapists utilise some type of games in therapy sessions as standard
practice, as part of building various skil s.
Supports that provide evidence-based therapy to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
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community living are included as NDIS supports. Evidence based therapeutic supports can only
be delivered by an allied health professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
What about if my activity is delivered through a disability-speciﬁc
group or centre-based program?
If your activity is being delivered through a group and centre-based program and the costs of the
activity and the support you need are ful y covered by the hourly rate charged by the provider in
line with the NDIS Pricing Arrangements, you can purchase your group and centre-based
program using your NDIS funds.
If your group and centre-based program does not cover the costs of an activity within the hourly
rate they charge to support you in that activity then you wil  need to pay for the cost of the
activity yourself.
For example, if your group and centre-based program goes bowling and the cost of bowling is
not covered by the approved hourly rate then you need to pay for these costs yourself.
Is Lego therapy included on the out list? Do delegates have clarity
about therapy supports and which supports are al owed?
Supports that provide evidence-based therapy, to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence-based therapeutic supports can
only be delivered by an allied health professional or appropriately qualiﬁed professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
Activities that are delivered without a best quality evidence-base and/or by people who are not
appropriately qualiﬁed to develop and deliver therapy are not funded as therapeutic supports.
You can ﬁnd more information about alternative and complementary therapies that are not
evidence-based at What does NDIS fund?
Training on al  legislative changes is being delivered to all delegates. Guidance for delegates has
also been updated across NDIA systems.
Can NDIS funding be used to purchase pet insurance for assistance
animals?
NDIS funding can be used to buy an assistance animal and pay for most of its associated costs
when approved by the NDIA.

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However, funding cannot be used to pay for pet insurance for an assistance animal. More
information about assistance animals is available in Our Guideline – Assistance animals .

NDIS funding can’t be used to buy pets or companion animals, or to pay for any pet or
companion animal related costs including:
•  Pet food, toys or accessories
•  Veterinarian costs
•  Pet boarding
•  Pet grooming
•  Pet insurance
•  Taxidermy and pet cremations, burials or funerals.
Is specialised driver training an NDIS support?
The NDIS supports list describes that driver training with a specialised vehicle driving instructor
can be funded for eligible participants.

A specialised vehicle driving instructor is someone who has experience and training in providing
driving instruction to people with disability and is registered or licensed to be a driving instructor
in the relevant State or Territory.

The information available in current operational guidance remains applicable.
Our Guideline – Vehicle modiﬁcations and driving supports describes the range of driver
supports that may be funded:
•  A driver trained occupational therapist assessment and a driving instructor for the on-
road part of the assessment, if a participant plans to drive the vehicle.
•  Specialised driving lessons - additional driving lessons where a participant’s disability
impacts their ability to learn to drive.
Are disability speciﬁc bicycles, including electric bicycles, considered
an NDIS support?
Yes. Bicycles or tricycles, with or without an electric motor, that include disability speciﬁc
features, or have been designed to meet the disability speciﬁc needs of a participant, are an
NDIS support.
This is because they are considered an assistive product for recreation and can be funded if
they also meet the ‘reasonable and necessary’ criteria applied to all NDIS supports.
The costs associated with adapting or modifying a standard bicycle or tricycle to meet a
participant’s disability speciﬁc needs may also be an NDIS support. However, in these
circumstances the participant, or their family, would need to self-fund the cost of the bicycle or
tricycle that is being adapted or modiﬁed.
Standard, non-modiﬁed, bicycles or tricycles including electric bicycles are not NDIS supports.
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In some speciﬁc circumstances, the NDIS may fund supports that are not listed as NDIS
supports. These are called replacement supports. Electric bicycles are not considered standard
commercially available household items and therefore are not a support for which a
replacement can be requested.
Are sexual services an NDIS support?
Under the laws of the NDIS sexual services can’t be funded.
Sexual services is not deﬁned in the legislation but is given its ordinary meaning by the NDIA.
Sexual services are taken to include any sexual conduct undertaken with a participant for
payment or reward, including direct physical activity between a participant and another person
for the purpose of sexual gratiﬁcation.
This includes all services that may be provided by a sex worker.
The NDIS will continue to provide reasonable and necessary funding to participants to access
the disability related supports and services they need.
This includes other sexuality related supports due to a participant’s disability, for example
adaptive equipment, sex counselling and individualised sexual education supports where
reasonable and necessary.
How does the al owable NDIS supports list work?
The list of allowable NDIS supports is not exhaustive, meaning it does not exclude items that are
not speciﬁcally listed.
The purpose of the list is to clarify the types of supports that fall under the overarching
description.
It is important for participants to know that for something to be considered an NDIS support, it
must ﬁt within the overarching description provided in schedule 1 (however it does not have to
be speciﬁcally listed) and of course, must not be included in the non-allowable NDIS supports
list.
The NDIS support list includes high intensity daily personal activities,
and states that supports must be provided by a worker with additional
qualiﬁcations and experience. What does this mean?
You should ensure that the people providing your high intensity daily personal activity supports
have relevant qualiﬁcations and/or training to deliver the support to you safely and
appropriately.
The NDIS Quality and Safeguards Commission provides guidance which describes the skil s and
knowledge that NDIS providers and workers should ensure they have when supporting
participants receiving high intensity daily personal activities.
You can ﬁnd more information about this guidance on the NDIS Commission website .
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Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports.They are what we call disability-related health
supports .
These include:
•  low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS will fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wel being’ category (pg. 81-82).
The PAPL is currently being reviewed and wil  be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list? (New)
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
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Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skil s. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.

Budget amounts, components, periods (s33)
When does this apply?
NDIS plans approved after 3 October 2024 will specify a total budget amount for all supports
across the length of the plan.
This wil  not affect current plans. The change will be applied to new plans on approval.
What are funding periods?
Currently participants can access all the funding in their plan at any time.
This can make it hard for participants to budget and can also make them vulnerable.
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In the future, for participants with stable support needs, the introduction of funding periods
al ows for the creation of longer-term plans, for instance 2, 3 or 5 years.
For now, al  new plans created after 3 October 2024 wil  have a funding period of 12 months.
Funding periods deﬁne how often a participant can access a portion of their total budget
amount or funding component amounts.
This helps avoid plan inﬂation and manage risk.
Unspent funds will rol -over between funding periods within the same plan.
This approach ensures that support is available as needed over time.
This wil  make it easier for participants to spend in accordance with their plan.
Participants wil  know how much funds they have, what amount for what component and how
long the funds need to last.
What is total budget amount?
Plans wil  include a total budget amount showing the total cost of all supports across the length
of the plan.
There wil  be tools available for participants to help manage their budgets.
When the law ﬁrst comes into effect on 3 October 2024, all funding periods wil  be 12 months.
From early 2025, shorter funding periods wil  be available for those who need them.
This wil  make it easier for participants to spend in accordance with their plan.
They wil  know how much funds they have, and how long the funds need to last.
Can unused funding be rolled over to the next funding period?
Any unused funding will rol -over between funding periods within a plan.
Unused funding will not rol -over into new plans.
Can funding from a future funding period be brought forward?
Future funding periods cannot be brought forward.
If you are running out of funding due to a change in your circumstances, you can contact the
NDIS to request a review of your plan.
Who decides what the funding period wil  be?
Funding periods will be discussed with participants during the planning process.
They will be determined by a range of factors including:
•  personal preference
•  frequency and type of supports
•  potential risks.
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The NDIA  will consider funding periods with participants when deciding how their plans funds
are managed.
Can participants request a review of a decision about the funding
periods and total budget amounts in their plan?
If a participant is not happy with the funding periods and total budget amounts in their plan,
they can request an internal review of their plan.
Why is capacity building not ﬂexible with core?
The legislation and legislative instrument state only a small number of things are stated
supports. So everything else should be ﬂexible?
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
How will people who are Agency-managed have the same level of
support and choice?
How can participants make sure funding components are being utilised as ﬂexibly as possible,
especially when we don't have clarity around supported decision-making approaches?
Generally speaking, funding components wil  act the same as budgets and support categories
now, so participants shouldn’t experience any changes to how ﬂexible their plans are.
There are no changes regarding access to registered or unregistered providers as a result of the
legislation changes.
We wil  help participants and nominees understand these changes and implement their plans.
Participants can continue to access plan implementation support from their My NDIS Contact
or, support coordinator, plan manager or other services such as recovery coaches if they are
funded in their plan. Plan managers and support coordinators are expected to provide
assistance to the participant to understand their funding options and choices.
If the participant needs additional assistance because of their supported decision making
needs, they can ask for capacity building funding in their plan.
If participants want to access more ﬂexibility with the ability to choose unregistered providers,
they can have a discussion about their plan management type with their planner or local area
coordinator.
Each plan can continue to have a mix of plan management types based on an individual
participant’s needs and preferences.
Training for NDIA staff on supported decision making has been designed and will begin to be
delivered from November 2024. This wil  assist planners to prioritise supported decision making
when having discussions with participants.
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Can a participant negotiate to 'unstate' a support during planning?
The purpose of stating supports in a participant’s plan is to ensure speciﬁc disability needs are
addressed.
It is therefore not something that would generally be changed in the planning process.
Is there going to be enough ﬂexibility in these arrangements to enable
plans to work for people with volatile needs?
It may be about making a best guess with initial funding or a quick turnaround on change
requests, but standard approaches for all participants may not apply for this group.
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
Participants wil  continue to be able to make change requests when their circumstances
change. This includes requesting a variation for crisis or emergency funding as a result of a
signiﬁcant change to the participant's support needs.
As well as there being s10 rules around al owable supports in place,
will there be any restrictions on choice of registered providers for
home and living supports?
The NDIS Provider and Worker Registration Taskforce recently provided advice to the
Government on the design and implementation of a new regulatory model.
The Taskforce made 11 recommendations and 10 implementation actions covering provider and
worker registration, some of which required an immediate response and others that wil  be
designed with close consultation with the disability community. The Taskforce conducted
thorough consultation, and this important process wil  continue.
The NDIS Quality and Safeguards Commission will progress Rule changes to mandate
registration for support coordination, platform providers and SIL. Consultation on these
changes wil  commence shortly. The new Rules wil  allow for a period of transition to the new
mandatory registration arrangements.
Currently, if a participant’s plan is Agency-managed, there are some constraints in place,
including that they must purchase from registered NDIS providers only.
Under the SDA Rules, SDA providers must also be registered.
Why do supports need to be listed in separate components?
Where is the legislative barrier against combining funding across components?
If it can be done using four categories under core components, then why can’t this be applied
with other categories?
A funding component amount in a plan might include funding for more than one support
category. This means a participant can choose how to spend their funding across all the
supports under that funding component amount.
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For example, in the same funding component amount we can include any funding for:
•  transport
•  consumables
•  assistance with daily life
•  assistance with social, economic and community participation.

Eligibility reassessments (s30/30A)
What is the purpose of an eligibility reassessment?
Eligibility reassessments are not new and are normal practice in the NDIS. They have been a
part of the Scheme since the beginning.
The purpose of an eligibility reassessment is to check if a participant’s support needs are being
met or have changed.
For some participants, their support needs won’t change. For others, they may reduce over
time.
Reducing support needs over time is the aim of the Early Intervention criteria (section 25).
When we support people early, it can improve outcomes and reduce the need for supports later
in life.
How does the eligibility reassessment process work?
We send a letter to a participant (or nominee) to tel  them about the eligibility reassessment and
that we require information.
The new law means we can ask for other, speciﬁc information. This might include:
•  a speciﬁc type of assessment
•  a speciﬁc report from an allied health professional.
We understand that it can take time to get this information. That’s why the new law allows 90
days to provide it. If the information isn’t available in 90 days, the participant (or nominee) can
ask for more time.
So far, we haven’t asked any participants for speciﬁc information. If we do, we wil  support
participants (or their nominee) to understand what we need, why we need it and when we need
it by.
If we decide someone isn’t eligible or they don’t respond to our request within the timeframe,
we may revoke their access to the NDIS. This helps ensure that support is accurately targeted to
those who need it.
There will also be rules to require mandatory eligibility reassessments, for example when
children turn 9.
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Is the NDIA doing more eligibility reassessments?
The NDIA received funding to increase its overall staffing in the 2023/24 Budget to better service
the growing numbers of participants. This has enabled the Agency to undertake more
reassessments.
While the number of eligibility reassessments conducted recently has increased – due to
increased staffing and continued work to reduce an existing backlog – the number of
participants recommended for reassessment by local area coordination and early childhood
partners has remained stable.

Foundational Supports
Do the legislative amendments address foundational supports?
The amendments don't directly address foundational supports, the focus is on strengthening
the overal  framework of the NDIS.
This includes ensuring that necessary supports are available to participants, which may involve
foundational supports being addressed indirectly as part of the broader reforms and
improvements to the Scheme.
Access (s21)
What are the changes to access?
New participants wil  be informed if they meet access to the NDIS by meeting the:
•  disability requirements (s.24)
•  early intervention requirements (s.25)
•  both the disability and early intervention requirements.
In the future, participants wil  be supported by the appropriate participant pathway, depending
on how they meet access.
What will the changes to access mean for participants?
In the future, participants will be supported to have a more tailored planning experience and
funding outcomes, depending on how they accessed the NDIS.
The impact of this change wil  happen later, once new pathways are created.
It wil  take time to create the new pathways, as we wil  work together with people with disability
on how these can be best implemented to ensure the needs of participants and the Agency are
met.
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How do the changes impact early intervention?
People who meet access to the NDIS under the early intervention requirements wil  be
supported by the new early intervention pathway once it’s created.

Impairment notices (s32BA)
What is a Notice of Impairments?
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or
both.
For access requests made on or after 1 January 2025, participants wil  also receive a document
called a Notice of Impairments (Notice).
This Notice tel s participants which impairment category, or categories, cover the impairment(s)
they meet access for.
There are 6 impairment categories, which were already part of the NDIS Act. These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  Impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the Notice
wil  say they are eligible under the early intervention requirements with developmental delay.
The Notice wil  not include categories of impairments.
Why is the NDIS introducing Notice of Impairments?
The introduction of Notice of Impairments gives participants more information about the
impairment category, or categories, that cover the impairments they meet access to the NDIS
for.

It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.

The Notice of Impairments is the ﬁrst step to help us make the planning and budget setting
process fairer and clearer in the future. This wil  make sure that participants have the supports
they need relevant to the impairments they met access for.
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The introduction of Notices of Impairments wil  support the transition of all participants to a
new way of planning commencing from late 2025. The basis on which a person has met access
to the Scheme is an important foundation for the move to this new way of planning.

This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)?
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
For access requests made on or after 1 January 2025, participants wil  also receive a document
called a Notice of Impairments (Notice).
This Notice wil  advise the participant of which impairment category, or categories, cover the
impairment(s) they meet access for.
What does it mean for me as an existing participant?
As an existing participant, there is nothing you need to do right now.

We wil  work with al  existing participants to make sure they have further information on how
and when this change wil  impact them. This is expected to happen when they transition to the
new way of planning from late 2025 for a number of years.
We wil  consult and engage with the disability community about the best way for us to make this
transition for existing participants.
What happens if I want to change my category/categories?
A participant, or their nominee, can apply to vary their Notice of Impairments at any time after
meeting access if it is not or is no longer correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the Notice and the evidence that has already been provided.
If the NDIA varies the Notice of Impairments, participants wil  get a new Notice of Impairments
which wil  replace any previous Notice.  If the participant does not agree with the NDIA's
decision to vary or not to vary the Notice of Impairments, they can ask for a review of the
decision.

Support needs assessment (s32L)
What is a support needs assessment?
A support needs assessment wil  assess a person holistically, looking at al  their disability
related support needs.
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The support needs assessment will be a more person-centered and strength-based approach.
This allows the NDIA to move away from:
•  using the concept of primary disability
•  a reliance on functional assessments
•  deﬁcit-based approaches to understanding support needs.
A support needs assessment wil  inform a participant’s ﬂexible budget and stated supports.
The support needs assessment process will be co-designed with the disability community.
It wil  only start for new framework plans.
Plan management decisions (s44)
What does the NDIA consider when changing a plan management
decision?
When the NDIA decides how plan funds are managed, they wil  consider if the participant, their
nominee or child representative or registered plan manager:
•  spent funding on NDIS supports
•  spent funding in line with the participant’s plan
•  presents an unreasonable risk to the participant by managing their funding.
If risks are identiﬁed, the NDIA may not support a participant’s request to self-manage or use a
registered plan manager.
What happens if a participant or their nominee have been convicted of
a criminal offence?
The NDIA wil  consider if the participant or their plan nominee have had any major criminal
convictions.
The participant’s funding wil  be Agency-managed if the participant or their nominee have been
convicted of an offence that:
•  carries at least 2 years of prison
•  involves fraud or dishonesty.
This will apply to all new and reassessed plans where a new plan approval decision is being
made.
Can a participant appeal a plan management decision implemented
by the NDIA?
Participants can appeal a plan management decision.
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They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
If a participant’s plan management type is changed, is the participant
notiﬁed and given reasons why?
We know how important it is for participants to have the control, independence and ﬂexibility in
arranging and paying for their own supports through self-management.
The NDIA wil  talk to the participant about the risks and safeguards they have considered when
making a plan management decision.
Where possible, they wil  support the participant to work towards their preferred plan
management type in the future.

Right to appeal decisions
Will participants have the right to appeal agency decisions that they
are not happy with, for example changes to how their plan is managed
and the funding periods?
Participants can appeal a decision to approve a plan, which includes how the plan will be
managed. They can also appeal a decision relating to funding periods.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
Can participants still review decisions made by the Agency?
NDIS participants have always and wil  continue to have the right to review their NDIS package
and level of supports.
These legislative changes passed by Parliament do not change that right.
Providers
Do claims need to be submitted within 2 years of support being
provided? Is there a grace period?
Claims and payments (s45)
In the future, all claims must be made within 2 years of providing the support.
For the ﬁrst 12 months the NDIA wil  honour all claims made for supports provided before the
new NDIS law comes into effect on 3 October 2024.
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How can providers register for community participation?
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
More information
If you have more questions about the changes to the NDIS, you can go to the Department of
Social Services website .
Get involved
Join Participant First for opportunities to get involved.

This page current as of 18 December 2024

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DOCUMENT 3
Frequently asked questions about
legislation – 20 December 2024
On this page:
•
New
•
General
•
Transition, future changes and co-design
•
NDIS supports (s10)
•
Budget amounts, components, periods (s33)
•
Eligibility reassessments (s30/30A)
•
Foundational supports
•
Access (s21)
•
Notice of Impairments (s32BA)
•
Support needs assessment (s32L)
•
Plan management decisions (s44)
•
Right to appeal decisions
•
Providers
New
Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports. They are what we call disability-related health
supports .
These include:
•
low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•
modiﬁed foods including liquid thickener products
•
help to prepare speciﬁc foods which you can safely eat
•
a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
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Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Are art and music therapy NDIS supports? (New)
Yes, art and music therapy are NDIS supports.
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
What is the purpose of the Independent Review? (New)
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will assess:
•  The review of evidence of effectiveness of art and music therapy for people with
disability
•  Qualiﬁcations and registration of music and art practitioners
•  Pricing of art and music support
The Independent Review wil  also seek from music and art therapy associations any additional
peer-reviewed evidence that the supports are effective and beneﬁcial as a disability-related
support for most participants and are current good practice.
The Independent Review’s role and responsibility is to provide expert opinion on appropriate
pricing for music and art therapy, based on existing evidence as to whether the music and art
therapy wil  be, or is likely to be, effective and beneﬁcial for participants, having regard to
current good practice.
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How will the Independent Review impact current participants and
providers? (New)
Participants and providers can continue with their current arrangements. Evidence based
therapy currently allows providers to charge up to $193.99 per hour.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
Why is the NDIA updating the guidance for music and art therapy?
(New)
The Agency has an obligation under the NDIS Act to ensure a support wil  be effective and
beneﬁcial for a participant and is current good practice.
This requires the Agency to consider the available evidence of the effectiveness of the support.
For evidence-based therapy to be funded through the Scheme, there needs to be evidence that
the therapy helps participants improve or maintain their functional capacity in areas such as
language and communication, personal care, mobility and movement, interpersonal
interactions, functioning, and community living.
Evidence based therapeutic supports can only be delivered by an allied health professional.
The Agency has deferred the release of the operational guidance clarifying decision making on
therapy supports. Guidance wil  be updated in 2025 fol owing the Independent Review.
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This wil  include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
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The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This wil  include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.
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General
What will change on 3 October?
For existing participants, key changes include:
•  The introduction of a deﬁnition of NDIS supports. These are:
o  supports that can be funded by the NDIS and stated by the NDIS rules to be
NDIS supports.
•  A replacement rule enabling participants to request a substitute or replacement support
that is not an NDIS support (in individual circumstances).
•  Plans approved after the law comes into effect wil  have:
o  total funding amounts
o  funding component amounts
o  funding periods.
•  This clariﬁes the amount of funds available in the plan and how long the funds need to
last.
•  The NDIA can consider changing a plan management type in speciﬁc circumstances;
o  For example, where someone needs support to manage and spend their plan
funds within the funding amount.
Other changes wil  happen when new NDIS Rules are made. This includes:
•  the creation of new participant pathways
•  the new planning framework
•  support needs assessment
•  budget model and ﬂexible budgets.
What won't be changing on October 3?
We want to reassure participants that for most, there won’t be major changes to the way they
experience the NDIS right now.
What is not changing is the purpose of the NDIS.
The NDIS will continue to provide participants with disability-related supports.

What is the purpose of the new legislation?
The new legislation aims to:
•  Create the scaffolding needed to progress key NDIS Review recommendations in
partnership with people with disability and the disability community.
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•  Clarify the intention of existing legislation to improve the delivery of the Scheme now,
reinforcing the original intent of the Scheme.
How will the new legislation affect NDIS participants?
Participants may see changes in:
•  how their eligibility is assessed
•  the supports that can be funded by the NDIS
•  how their plans are managed
•  how their funding is al ocated and needs to be spent
•  requirements for information gathering for eligibility reassessment.
What are NDIS Rules?
The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates.
States and territories are involved in the approval process for NDIS Rules.
Legislative instruments may be made by the Minister for the NDIS after consulting with affected
stakeholders.
Many of the changes to the NDIS wil  be implemented through new NDIS Rules.
The new NDIS Rules will outline how people can access the NDIS, what assessments are
needed, and how budgets wil  work.
Rules will be developed with people with disability, their families and carers and the disability
sector.
What is a transitional rule?
A transitional rule is a rule that the Minister for the NDIS can make within the ﬁrst 12 months of
the legislation being passed, ahead of ﬁnal rules being agreed with states and territories.

When will the changes take effect?
The new NDIS laws come into effect on 3 October 2024.
Some changes wil  happen as soon as the laws come into effect. These changes are about
returning the NDIS to its original intent.
Other changes wil  happen later, when new NDIS Rules are made. This includes the creation of
new participant pathways and the new planning framework – support needs assessment,
budget model and ﬂexible budget.

Will there be consultation on these changes?
The changes were subject to consultation and consideration by the disability community,
disability representative and carer organisations, the NDIS Independent Advisory Council,
states and territories and the Community Affairs Legislation Committee.
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There will continue to be opportunities for consultation to shape how these changes are
implemented. Those directly impacted by key decisions about the Scheme wil  continue to play
a key role in developing the detail and in implementing the reforms.
What is the new planning framework?
The new planning framework guides how the NDIS wil  operate. It explains how people can
access the NDIS, how their needs are assessed, and how ﬂexible budgets are created.
Because of changes to the legislation, plans wil  be built differently in future. This means there
wil  be 2 kinds of NDIS plans.
If your plan was developed through the current planning approach, this will be cal ed an old
framework plan.
If your plan is developed using the new assessment model, this wil  be a new framework plan.
English is not my ﬁrst language. Will there be translated information
about the NDIS legislation?
The NDIA is committed to ensuring all communications on legislative changes are accessible to
everyone.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
The NDIA is working with the wider community to test and produce materials in a range of
accessible formats including:
•  Easy Read
•  Auslan
•  Braille.
Transition, future changes and co-design
What speciﬁc steps is the NDIA taking to ensure a smooth transition?
We are ful y committed to ensuring we reach every person – including those who may live in
more rural and remote areas or have unique accessibility or language needs.
The NDIA has begun an extensive communications campaign designed to ensure our more than
660,000 participants, as wel  as their supporters, know what they need to about changes to the
NDIS Act.
The NDIA will continue to be clear on what is changing and when, so participants and their
supporters can be assured that future changes wil  be supported with transparency and
communication.

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How will the NDIA work with the disability community to ensure that
the needs and concerns of participants are addressed throughout the
implementation of these changes?
It is essential people with disability continue to have a voice in how the detailed design is done
and how the changes are implemented.
The NDIA has been delivering reform in partnership with people with disability and the disability
community over the past 2 years.
This includes key partnerships with the Disability Representative and Carer Organisations and
the Independent Advisory Council.
Throughout July and August this year, the Agency’s Co-design Branch delivered 56 activities,
including consultation on the legislative changes to come into effect on 3 October 2024.
We have learnt a lot from these activities and continue to improve the way we work together
with the disability community.
In June 2024, the NDIA and disability organisations from across Australia shared a commitment
to work together on reforms to the Scheme.
Working in partnership with the disability community remains the cornerstone of implementing
change as we move forward.
Changes wil  be supported with transparency and communication.
What if there is a case for a support to get on the list? What do we do?
A NDIS Evidence Advisory Committee (EAC) will be established to provide independent and
transparent advice to Government on what works for participants.
The Committee will provide advice on the evidence base for therapeutic supports accessed
through the NDIS, improving outcomes and ensuring better value for participants.
This wil  ensure the supports funded under the Scheme are beneﬁcial, safe, evidence based
and cost effective.
The work of the Committee wil  be an important input into the development of the ﬁnal NDIS
Support Rule which wil  be developed with the disability community and States and Territories.
What wil  be co-designed going forward?
New co-design working groups have started meeting and wil  be steering a range of co-design
and engagement activities including future changes to the NDIS as a result of legislative change.
Key measures such as support needs assessments and budget models wil  be subject to
ongoing co-design.
We wil  keep looking for new ways for people to have a voice and shape the work we do together.
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NDIS supports (s10)
What is and is not a NDIS support?
From October 3 2024, the Government has released the lists of what NDIS participants can and
cannot spend their funding on.
The lists include items that are NDIS supports and items that are not NDIS supports.
Participants who need speciﬁc items for their disability wil  stil  be able to access those items
through these lists.
These lists are based on existing guidance, so in most cases there is unlikely to be any change to
the supports a person is currently using.
There wil  be a transition period for the ﬁrst year of the new NDIS supports lists to give
participants time to learn and understand.
If you’re unsure, there are a few things you can do:
•  read the NDIS Supports list on the Our Guidelines website.
•  we'l  also be sending a link to all participants
•  speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
•  if you’re stil  unsure, call us on 1800 800 110.
How long will I get to change my supports after the legislation change?
From 3 October 2024 you must use your funding to purchase services, items and equipment
that can be funded by the NDIS.
We wil  work with you to help you understand the new rules and access supports that are NDIS
supports.
What if I am delivering supports/ accessing supports that are now on
the non NDIS support list?
The Government has released deﬁnitions of NDIS supports making it clear what NDIS funds can
and cannot be used for. These deﬁnitions are based on existing guidance.
Lists of speciﬁc items that are allowable NDIS supports and those that are not allowed are on
the NDIS website.
If a support is included on the list showing what is not an  NDIS Support - it is not allowed to be
funded from NDIS plans from 3 October 2024.
There is a transitional rule allowing participants to continue to access supports that are not
NDIS supports if they were speciﬁcally identiﬁed as reasonable and necessary before 3 October
2024, for the duration of their existing plan.
This also includes situations where the Administrative Appeals Tribunal has decided that the
support should be funded as a reasonable and necessary support.
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This rule does not apply to sexual services, alcohol or drugs. These supports are speciﬁed in the
primary Act as non-NDIS supports.
NDIS participants will continue to receive the disability-related supports they need. However,
the NDIS was not designed to pay for the cost of everyday expenses.
Find more information on the supports lists .
How can I provide feedback or raise concerns about the changes to my
support?
You can contact your local area coordinator, early childhood partner or support coordinator.
You can also contact us.
It is likely that many participants will accidental y or unknowingly use
their funding on something not classiﬁed as an NDIS support. What
will happen to them, will there be a transition period to help people to
adjust to the changes?
We know it wil  take time for people to learn about and understand the new NDIS support lists
and we’ve heard participants’ concerns about what may happen if someone accidentally buys
something which is not an NDIS support.
That’s why there wil  be a transition period for the ﬁrst year (12 months) to help people to
understand the new NDIS Supports lists.
We wil  work with participants who make mistakes to make sure that they understand the NDIS
supports lists.
What if I make a mistake and accidental y purchase a support that’s on
the ‘out’ list?
A person who makes a mistake and claims an item which is not an NDIS support wil  not have a
debt raised for ﬁrst or second mistakes made in claiming where the support is worth less than
$1,500.
This means the NDIA must contact participants twice to explain what is and is not an NDIS
support before any debt of less than $1,500 is raised against them.
This rule applies to all participants (including participants who self-manage their funding),
nominees and child -representative for a 12-month period commencing from 3 October 2024.
For NDIS providers, it applies for 30 days.
This does not apply if a participant purchases il egal items with funding from their plans.
If incorrect claims are repeated or fraudulent, we may take further action.
Firmer actions can include raising a debt or moving the participant onto an Agency-managed
plan.
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What happens with purchases over $1500?
In the situation where the cost is above $1500 the transitional rule does not apply, and a debt
will be raised.
However, it is important to note that any debts related to purchases for $1,500 or more for non-
NDIS supports can be written off or waived under the existing provisions of the NDIS Act.
This includes waiver under section 195, which has been updated to allow a debt to be waived in
‘special circumstances’ if the participant unintentionally or unknowingly breaches the Act,
regulations, or rules.
It also allows consideration of the participant’s disability as part of a holistic assessment of
whether special circumstances exist.
If a debt arises for payments made for non-NDIS supports, it will only be recovered when it is
appropriate to do so in line with the Commonwealth policy on debt recovery.
The NDIA wil  keep using a structured process for debt management, focusing on compliance
and audit activities on repeated or intentional non-compliance.
We’l  always consider the individual circumstances, with education and support being the ﬁrst
consideration, particularly during the transition period.
This isn’t about trying to catch people out – we know participants want to do the right thing.
NDIA ‘Safety Net’ for debt
The NDIA has put in place a process that means if the Agency was ever to pursue a debt against
a participant – the NDIA CEO would need to sign off this decision ﬁrst.
This safety net is in place to ensure that raising any debt against a participant would be an
absolute last resort and such a decision would never be automated, rather it would not proceed
without thoughtful consideration at the most senior level of the Agency.
Purchases or provision of supports prior to 3 October 2024
Please note that the new requirement to spend NDIS amounts only on NDIS supports does not
apply to any support with a service or purchase date before 3 October.
If people have made a purchase or booking for an item that is not an NDIS support before this
date, they can make a claim for any cancel ation fee.
This does not apply if a participant purchases il egal items with funding from their plans.
What if evidence from my treating professional states I need a support
on the 'out' list?
If you think an item that isn’t a NDIS support is better for you, you can ask to substitute that
support.
Only some supports can be replaced.
You can only spend your funding on a substitution if we have agreed in writing that you can buy
this support.
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There are a few criteria that must be met before we can approve this.
The Rules say which types of supports can be replaced.
The substituted support must also:
•  replace one or more supports that are NDIS supports
•  be the same price or cheaper than the NDIS support it is replacing, and
•  be likely to provide the same or better outcomes than the NDIS supports it is replacing.
You can view the NDIS supports on Our Guidelines website.
What is a replacement support?
In some speciﬁc circumstances, we can fund supports that are not NDIS supports.
We call these replacement supports.
When we say replacement support, we mean the service, item or equipment you would like to
use instead of the NDIS support or supports in your plan.
Only some supports can be replaced and only if we agree in writing can you buy this support.
A replacement support isn’t an extra support. It replaces an existing NDIS support or supports in
your plan.
To ﬁnd out what can be considered as a replacement support, see What does NDIS fund?
When would a replacement support be requested?
We know that every participant has their own unique needs, and in speciﬁc circumstances a
participant might need to use their funding for a support that is not a NDIS support.
Participants can ask for a NDIS support to be replaced with certain non-NDIS supports. These
are called replacement supports.
This will enable participants to request a replacement of their existing support with a support
that is not a NDIS support.
This may occur in circumstances where a standard item might provide better outcomes and
cost the same or less than a NDIS Support.
A replacement support may include household items, or very speciﬁc items that support a
participant’s unique accessibility or communication needs.
Replacement supports must be from this pre-approved replacement supports list.
Applications can be made for the items speciﬁed below:
•  Standard commercially available household items
•  Smart watches
•  Tablets
•  smart phones
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•  apps for accessibility/communication purposes
For more information about replacement supports including how to apply for them, see What
does NDIS fund?
What’s the process for a replacement support?
To get a replacement support approved, the Agency needs to be satisﬁed the replacement
support wil  provide the same or better outcomes and cost the same or less than another NDIS
support that is already in the participant’s plan.
Participants must apply for and receive approval of a replacement support before purchasing
the support.
It cannot be done after purchasing a non-NDIS support.
Participants can ﬁl  out an application for a replacement support on the NDIS website or provide
the same information in an email or over the phone.
If your application for a replacement support for an item is not approved, you can’t apply for that
same replacement support again for 12 months.
Replacement support example
The NDIS is not designed to fund items such as an iPad or Apple watch.
However, should a participant know that they are able to communicate with their loved ones or
a worker by using an iPad – rather than a specialist and more costly piece of equipment – then
they can request the Agency to fund this.
The NDIA wil  then consider this request and may wel  say ‘Yes, absolutely that makes sense –
so we wil  fund that on this occasion’.
That’s a really clear example of replacing a more expensive item with a better, more cost-
effective solution.
This just makes sense.
It’s important to note the list of replacement supports won’t apply for every participant.
The funding of a replacement support wil  only beneﬁt some participants, who due to their
unique circumstances, are clearly able to demonstrate that a speciﬁc item or support, wil
beneﬁt them and provide a better, more cost-effective option.
Is there someone I can ask at the NDIA to check that I am doing the
right thing?
You can contact your local area coordinator, early childhood partner or support coordinator to
help you understand what supports you can buy.
You can also contact us.
How will the NDIA ensure this process is easy and accessible?
We are committed to ensuring that all communications about the Government changes are
accessible to everyone.
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That's why we are working with the sector and our suppliers to test and produce materials in a
range of accessible formats, including Easy Read documents, animations/videos and Auslan.
An important part of our website accessibility is that content can be easily accessed, including
for those using screen readers.
We are working with the sector to develop and test messaging and agile approaches to
producing accessible content.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
Why is the change to Section 10 of the NDIS Act 2013 necessary?
We have heard consistently, particularly from participants self-managing their supports, that it
is not clear what they can spend their funding on.
Making it clear what the NDIS does, and does not, fund wil  help participants make more
informed choices about what they can use their funds for.
The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules
(Category A) that outline what is and is not an NDIS support.
It's going to take some time to make a Category A rule. We'l  work closely with the disability
community and state and territory governments to understand what should and shouldn’t be
included.
In the interim, the Minister may create a transitional NDIS Supports rule. This wil  be in place as
soon as the instrument is created and wil  have effect until the new Category A NDIS supports
rule is agreed.
Is Short Term Accommodation (STA) an NDIS support?
Yes, short term accommodation (STA) is included in the 'supports that are NDIS supports' list.
How does STA work?
STA is designed to help informal supports continue their caring role. It is one option that
provides participants and their informal supports time apart.
STA allows participants to stay away from their homes and informal supports for a short time. It
can be funded for up to 14 days at a time to a maximum of 28 days per calendar year.
STA funding can be used for assistance with self-care or community access and short-term
accommodation. It cannot be used to pay for day-to-day living costs such as food and
groceries, lifestyle costs or travel.
STA cannot be used to pay for items on the list of non-NDIS supports.
Providers offering STA in a centre or group residence may include meals and activities within the
daily rate charged – in line with the NDIS Pricing Arrangements and Price Limits – however these
cannot be included if the participant choses to use STA in an individual setting.
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We know there are stil  some questions about what can be claimed under STA, particularly if you
want to use a hotel or other accommodation options. A new operational guideline about STA wil
be available in early 2025 with more information.
How is STA funded?
STA is funded in a participant's core budget if it relates to their disability support needs, and
where it is reasonable and necessary.
It does not need to be stated in a participant's plan.
Participants can access STA as part of the 'assistance with daily life tasks in a group or shared
living arrangement' category on the NDIS supports list.
The NDIS funds standard rates for STA, which are available in the NDIS Pricing Arrangements
and Price Limits.
Generally funding for STA is for a group price, unless there is evidence that a participant needs
individual support.
STA cannot be used to pay for items on the list of non-NDIS supports.
Does STA cover the cost of transport?
Participants cannot use STA funding to pay for transport to the accommodation funded through
STA.
If a participant wants to access STA supports far away from their usual home, the cost of the
travel is a day-to-day living cost they are expected to pay for separately. Participants should
consider this when choosing an STA option that is right for them. Some participants may have
funding for transport to an activity or other support already in their plan. If a participant usually
needs transport support because of their disability, their provider may include the cost of
transport from the accommodation to activities they provide.
Can STA be used for holidays?
No. STA is not for holidays or tourist travel. It is designed to provide participants and their
informal supports time apart.
STA cannot be used to pay for items on the list of non-NDIS supports.
NDIS funding can’t be used to pay for:
•  cruises, holiday packages, holiday accommodation and airfares, passports, visas, or
travel and vehicle insurance
•  accommodation or travel expenses for family members or support workers
•  theme parks, music, theatre, cinema, sporting events, and conferences
•  day-to-day living costs such as food or meals. In some cases, your provider may include
meals as part of your STA in a centre or group setting. The NDIS funds standard rates for
STA, so you may need to negotiate these costs with your provider. Once you have used
your STA funding, you can’t ask us for more. You can ﬁnd the rates in the NDIS Pricing
Arrangements and Price Limits.
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If a participant requires support while on holiday, they can continue to use their usual non-STA
supports from their NDIS plan.
Participants should speak with their support coordinator, local area coordinator, early
childhood partner or planner if they are going on a holiday and need their NDIS supports
delivered in another location.
Is STA available for participants in Supported Independent Living or
living alone?
No. This is because if a participant is living alone or in a supported independent living
arrangement, they already have time apart from family and informal supports.
What are the impacts on individualised living options (ILO) in relation
to rent and rental subsidies?
An ILO arrangement should be delivered in line with the ILO guideline . ILO is a package of
supports to help a participant live in their chosen home environment in a way that best suits
them. It does not fund the home itself.
An ILO includes an agreed ILO service proposal and is overseen by a provider. An ILO does not
include a participant’s rent or mortgage payments, or everyday costs like food, electricity or
internet bills.
If participants are living with people who offer them support throughout their day or week, and
who have ILO funding in their plan and an ILO arrangement in place, the changes to Section 10
in the Amended NDIS Act (NDIS supports) will not impact payments for these supports. The
supports provided must be in line with the participant’s ILO service proposal and the ILO
Operational Guidelines and Section 10 requirements for NDIS supports .
The new NDIS transitional rules covering these supports align with existing ILO policy. They aim
to ensure participants are not using their NDIS funding to pay for their rental costs and are using
their NDIS funding to purchase NDIS supports under an agreed ILO arrangement.
Participants, their families and supporters interested in considering ILO arrangements should
contact the NDIS or a local area coordinator for more information.
A new policy on ILO will be developed through co-design and released mid 2025.
Is animal therapy an NDIS support?
Animal-assisted therapy can be an NDIS support -
therapeutic support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may
use an animal to play a role in a goal-directed, structured intervention which will assist the
therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be
used as a tool in a therapy session.
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For example, a psychologist or counsel or may use an animal in therapy sessions to assist a
participant to calm, focus or regulate whilst the counsel ing/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to
participate in an activity such as walking, standing, balancing etc. In these interventions, the
animal may be used by the therapist to help the client meet speciﬁc goals but the therapy is
delivered to the participant by the allied health professional, with the animal used to support
participation.
Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as
engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the
service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
These activities are not animal-assisted therapeutic interventions and are not NDIS Supports,
even if the provider of the service is an allied health professional.
What about supports to participate in social and recreational
opportunities that include animals?
The NDIA and NDIS acknowledges that NDIS participants may engage in programs that include
animals to provide sporting, social and recreational opportunities for people with disabilities,
and capacity building support.
This may include for example, participation in horse riding.
If NDIS participants need extra help to participate in horse riding activities because of their
disability, the extra help can be funded in their plan.
This extra help could be a support worker or assistive products that help the participant engage
in the activity when it is happening.
Participants might also use their therapy supports budget to work with a therapist to build their
skil s to do the sporting, social or recreational activity more independently in the future.
NDIS participants wil stil need to pay for the general costs of their sporting, social or
recreational activities as these are costs that everyone must pay for these kinds of activities.
For example, everyone who wants an activity delivered to them has to pay for that activity
themselves whether or not they have a disability.
This is the same whether the activity includes an animal or not. Participants cannot use their
NDIS funding to pay for the costs of other sporting, recreational or social activities like surﬁng
lessons, basketball, art classes or gaming.
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The bans on therapy supports like 'gaming therapy' or 'yoga therapy',
does that include social group programs which include these
strategies?
Noting also that most therapists utilise some type of games in therapy sessions as standard
practice, as part of building various skil s.
Supports that provide evidence-based therapy to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence based therapeutic supports can only
be delivered by an allied health professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
What about if my activity is delivered through a disability-speciﬁc
group or centre-based program?
If your activity is being delivered through a group and centre-based program and the costs of the
activity and the support you need are ful y covered by the hourly rate charged by the provider in
line with the NDIS Pricing Arrangements, you can purchase your group and centre-based
program using your NDIS funds.
If your group and centre-based program does not cover the costs of an activity within the hourly
rate they charge to support you in that activity then you wil  need to pay for the cost of the
activity yourself.
For example, if your group and centre-based program goes bowling and the cost of bowling is
not covered by the approved hourly rate then you need to pay for these costs yourself.
Is Lego therapy included on the out list? Do delegates have clarity
about therapy supports and which supports are al owed?
Supports that provide evidence-based therapy, to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence-based therapeutic supports can
only be delivered by an allied health professional or appropriately qualiﬁed professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which wil  assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
Activities that are delivered without a best quality evidence-base and/or by people who are not
appropriately qualiﬁed to develop and deliver therapy are not funded as therapeutic supports.
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You can ﬁnd more information about alternative and complementary therapies that are not
evidence-based at What does NDIS fund?
Training on al  legislative changes is being delivered to all delegates. Guidance for delegates has
also been updated across NDIA systems.
Can NDIS funding be used to purchase pet insurance for assistance
animals?
NDIS funding can be used to buy an assistance animal and pay for most of its associated costs
when approved by the NDIA.

However, funding cannot be used to pay for pet insurance for an assistance animal. More
information about assistance animals is available in Our Guideline – Assistance animals .

NDIS funding can’t be used to buy pets or companion animals, or to pay for any pet or
companion animal related costs including:
•  Pet food, toys or accessories
•  Veterinarian costs
•  Pet boarding
•  Pet grooming
•  Pet insurance
•  Taxidermy and pet cremations, burials or funerals.
Is specialised driver training an NDIS support?
The NDIS supports list describes that driver training with a specialised vehicle driving instructor
can be funded for eligible participants.

A specialised vehicle driving instructor is someone who has experience and training in providing
driving instruction to people with disability and is registered or licensed to be a driving instructor
in the relevant State or Territory.

The information available in current operational guidance remains applicable.
Our Guideline – Vehicle modiﬁcations and driving supports describes the range of driver
supports that may be funded:
•  A driver trained occupational therapist assessment and a driving instructor for the on-
road part of the assessment, if a participant plans to drive the vehicle.
•  Specialised driving lessons - additional driving lessons where a participant’s disability
impacts their ability to learn to drive.
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Are disability speciﬁc bicycles, including electric bicycles, considered
an NDIS support?
Yes. Bicycles or tricycles, with or without an electric motor, that include disability speciﬁc
features, or have been designed to meet the disability speciﬁc needs of a participant, are an
NDIS support.
This is because they are considered an assistive product for recreation and can be funded if
they also meet the ‘reasonable and necessary’ criteria applied to all NDIS supports.
The costs associated with adapting or modifying a standard bicycle or tricycle to meet a
participant’s disability speciﬁc needs may also be an NDIS support. However, in these
circumstances the participant, or their family, would need to self-fund the cost of the bicycle or
tricycle that is being adapted or modiﬁed.
Standard, non-modiﬁed, bicycles or tricycles including electric bicycles are not NDIS supports.
In some speciﬁc circumstances, the NDIS may fund supports that are not listed as NDIS
supports. These are called replacement supports. Electric bicycles are not considered standard
commercially available household items and therefore are not a support for which a
replacement can be requested.
Are sexual services an NDIS support?
Under the laws of the NDIS sexual services can’t be funded.
Sexual services is not deﬁned in the legislation but is given its ordinary meaning by the NDIA.
Sexual services are taken to include any sexual conduct undertaken with a participant for
payment or reward, including direct physical activity between a participant and another person
for the purpose of sexual gratiﬁcation.
This includes all services that may be provided by a sex worker.
The NDIS will continue to provide reasonable and necessary funding to participants to access
the disability related supports and services they need.
This includes other sexuality related supports due to a participant’s disability, for example
adaptive equipment, sex counselling and individualised sexual education supports where
reasonable and necessary.
How does the al owable NDIS supports list work?
The list of allowable NDIS supports is not exhaustive, meaning it does not exclude items that are
not speciﬁcally listed.
The purpose of the list is to clarify the types of supports that fall under the overarching
description.
It is important for participants to know that for something to be considered an NDIS support, it
must ﬁt within the overarching description provided in schedule 1 (however it does not have to
be speciﬁcally listed) and of course, must not be included in the non-allowable NDIS supports
list.
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The NDIS support list includes high intensity daily personal activities,
and states that supports must be provided by a worker with additional
qualiﬁcations and experience. What does this mean?
You should ensure that the people providing your high intensity daily personal activity supports
have relevant qualiﬁcations and/or training to deliver the support to you safely and
appropriately.
The NDIS Quality and Safeguards Commission provides guidance which describes the skil s and
knowledge that NDIS providers and workers should ensure they have when supporting
participants receiving high intensity daily personal activities.
You can ﬁnd more information about this guidance on the NDIS Commission website .
Are modiﬁed ﬂuids and thickeners NDIS supports? (New)
Modiﬁed ﬂuids and thickeners are NDIS supports.They are what we call disability-related health
supports .
These include:
•  low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports? (New)
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil  fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wel being’ category (pg. 81-82).
The PAPL is currently being reviewed and wil  be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list? (New)
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
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These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skil s. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skil s of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need. We will continue to update our guidelines as we
implement legislative changes.
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Budget amounts, components, periods (s33)
When does this apply?
NDIS plans approved after 3 October 2024 will specify a total budget amount for all supports
across the length of the plan.
This wil  not affect current plans. The change will be applied to new plans on approval.
What are funding periods?
Currently participants can access all the funding in their plan at any time.
This can make it hard for participants to budget and can also make them vulnerable.
In the future, for participants with stable support needs, the introduction of funding periods
al ows for the creation of longer-term plans, for instance 2, 3 or 5 years.
For now, al  new plans created after 3 October 2024 wil  have a funding period of 12 months.
Funding periods deﬁne how often a participant can access a portion of their total budget
amount or funding component amounts.
This helps avoid plan inﬂation and manage risk.
Unspent funds will rol -over between funding periods within the same plan.
This approach ensures that support is available as needed over time.
This wil  make it easier for participants to spend in accordance with their plan.
Participants wil  know how much funds they have, what amount for what component and how
long the funds need to last.
What is total budget amount?
Plans wil  include a total budget amount showing the total cost of all supports across the length
of the plan.
There wil  be tools available for participants to help manage their budgets.
When the law ﬁrst comes into effect on 3 October 2024, all funding periods wil  be 12 months.
From early 2025, shorter funding periods wil  be available for those who need them.
This wil  make it easier for participants to spend in accordance with their plan.
They wil  know how much funds they have, and how long the funds need to last.
Can unused funding be rolled over to the next funding period?
Any unused funding will rol -over between funding periods within a plan.
Unused funding will not rol -over into new plans.
Can funding from a future funding period be brought forward?
Future funding periods cannot be brought forward.
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If you are running out of funding due to a change in your circumstances, you can contact the
NDIS to request a review of your plan.
Who decides what the funding period wil  be?
Funding periods will be discussed with participants during the planning process.
They will be determined by a range of factors including:
•  personal preference
•  frequency and type of supports
•  potential risks.
The NDIA  will consider funding periods with participants when deciding how their plans funds
are managed.
Can participants request a review of a decision about the funding
periods and total budget amounts in their plan?
If a participant is not happy with the funding periods and total budget amounts in their plan,
they can request an internal review of their plan.
Why is capacity building not ﬂexible with core?
The legislation and legislative instrument state only a small number of things are stated
supports. So everything else should be ﬂexible?
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
How will people who are Agency-managed have the same level of
support and choice?
How can participants make sure funding components are being utilised as ﬂexibly as possible,
especially when we don't have clarity around supported decision-making approaches?
Generally speaking, funding components wil  act the same as budgets and support categories
now, so participants shouldn’t experience any changes to how ﬂexible their plans are.
There are no changes regarding access to registered or unregistered providers as a result of the
legislation changes.
We wil  help participants and nominees understand these changes and implement their plans.
Participants can continue to access plan implementation support from their My NDIS Contact
or, support coordinator, plan manager or other services such as recovery coaches if they are
funded in their plan. Plan managers and support coordinators are expected to provide
assistance to the participant to understand their funding options and choices.
If the participant needs additional assistance because of their supported decision making
needs, they can ask for capacity building funding in their plan.
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If participants want to access more ﬂexibility with the ability to choose unregistered providers,
they can have a discussion about their plan management type with their planner or local area
coordinator.
Each plan can continue to have a mix of plan management types based on an individual
participant’s needs and preferences.
Training for NDIA staff on supported decision making has been designed and will begin to be
delivered from November 2024. This wil  assist planners to prioritise supported decision making
when having discussions with participants.
Can a participant negotiate to 'unstate' a support during planning?
The purpose of stating supports in a participant’s plan is to ensure speciﬁc disability needs are
addressed.
It is therefore not something that would generally be changed in the planning process.
Is there going to be enough ﬂexibility in these arrangements to enable
plans to work for people with volatile needs?
It may be about making a best guess with initial funding or a quick turnaround on change
requests, but standard approaches for all participants may not apply for this group.
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
Participants wil  continue to be able to make change requests when their circumstances
change. This includes requesting a variation for crisis or emergency funding as a result of a
signiﬁcant change to the participant's support needs.
As well as there being s10 rules around al owable supports in place,
will there be any restrictions on choice of registered providers for
home and living supports?
The NDIS Provider and Worker Registration Taskforce recently provided advice to the
Government on the design and implementation of a new regulatory model.
The Taskforce made 11 recommendations and 10 implementation actions covering provider and
worker registration, some of which required an immediate response and others that wil  be
designed with close consultation with the disability community. The Taskforce conducted
thorough consultation, and this important process wil  continue.
The NDIS Quality and Safeguards Commission will progress Rule changes to mandate
registration for support coordination, platform providers and SIL. Consultation on these
changes wil  commence shortly. The new Rules wil  allow for a period of transition to the new
mandatory registration arrangements.
Currently, if a participant’s plan is Agency-managed, there are some constraints in place,
including that they must purchase from registered NDIS providers only.
Under the SDA Rules, SDA providers must also be registered.
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Why do supports need to be listed in separate components?
Where is the legislative barrier against combining funding across components?
If it can be done using four categories under core components, then why can’t this be applied
with other categories?
A funding component amount in a plan might include funding for more than one support
category. This means a participant can choose how to spend their funding across all the
supports under that funding component amount.
For example, in the same funding component amount we can include any funding for:
•  transport
•  consumables
•  assistance with daily life
•  assistance with social, economic and community participation.
Eligibility reassessments (s30/30A)
What is the purpose of an eligibility reassessment?
Eligibility reassessments are not new and are normal practice in the NDIS. They have been a
part of the Scheme since the beginning.
The purpose of an eligibility reassessment is to check if a participant’s support needs are being
met or have changed.
For some participants, their support needs won’t change. For others, they may reduce over
time.
Reducing support needs over time is the aim of the Early Intervention criteria (section 25).
When we support people early, it can improve outcomes and reduce the need for supports later
in life.
How does the eligibility reassessment process work?
We send a letter to a participant (or nominee) to tel  them about the eligibility reassessment and
that we require information.
The new law means we can ask for other, speciﬁc information. This might include:
•  a speciﬁc type of assessment
•  a speciﬁc report from an allied health professional.
We understand that it can take time to get this information. That’s why the new law allows 90
days to provide it. If the information isn’t available in 90 days, the participant (or nominee) can
ask for more time.
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So far, we haven’t asked any participants for speciﬁc information. If we do, we wil  support
participants (or their nominee) to understand what we need, why we need it and when we need
it by.
If we decide someone isn’t eligible or they don’t respond to our request within the timeframe,
we may revoke their access to the NDIS. This helps ensure that support is accurately targeted to
those who need it.
There will also be rules to require mandatory eligibility reassessments, for example when
children turn 9.
Is the NDIA doing more eligibility reassessments?
The NDIA received funding to increase its overall staffing in the 2023/24 Budget to better service
the growing numbers of participants. This has enabled the Agency to undertake more
reassessments.
While the number of eligibility reassessments conducted recently has increased – due to
increased staffing and continued work to reduce an existing backlog – the number of
participants recommended for reassessment by local area coordination and early childhood
partners has remained stable.
Foundational Supports
Do the legislative amendments address foundational supports?
The amendments don't directly address foundational supports, the focus is on strengthening
the overal  framework of the NDIS.
This includes ensuring that necessary supports are available to participants, which may involve
foundational supports being addressed indirectly as part of the broader reforms and
improvements to the Scheme.
Access (s21)
What are the changes to access?
New participants wil  be informed if they meet access to the NDIS by meeting the:
•  disability requirements (s.24)
•  early intervention requirements (s.25)
•  both the disability and early intervention requirements.
In the future, participants wil  be supported by the appropriate participant pathway, depending
on how they meet access.
What will the changes to access mean for participants?
In the future, participants will be supported to have a more tailored planning experience and
funding outcomes, depending on how they accessed the NDIS.
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The impact of this change will happen later, once new pathways are created.
It wil  take time to create the new pathways, as we wil  work together with people with disability
on how these can be best implemented to ensure the needs of participants and the Agency are
met.
How do the changes impact early intervention?
People who meet access to the NDIS under the early intervention requirements wil  be
supported by the new early intervention pathway once it’s created.
Notice of impairments (s32BA)
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This wil  include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
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This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This wil  include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.
Support needs assessment (s32L)
What is a support needs assessment?
A support needs assessment wil  assess a person holistically, looking at al  their disability
related support needs.
The support needs assessment will be a more person-centered and strength-based approach.
This allows the NDIA to move away from:
•  using the concept of primary disability
•  a reliance on functional assessments
•  deﬁcit-based approaches to understanding support needs.
A support needs assessment wil  inform a participant’s ﬂexible budget and stated supports.
The support needs assessment process will be co-designed with the disability community.
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It wil  only start for new framework plans.
Plan management decisions (s44)
What does the NDIA consider when changing a plan management
decision?
When the NDIA decides how plan funds are managed, they wil  consider if the participant, their
nominee or child representative or registered plan manager:
•  spent funding on NDIS supports
•  spent funding in line with the participant’s plan
•  presents an unreasonable risk to the participant by managing their funding.
If risks are identiﬁed, the NDIA may not support a participant’s request to self-manage or use a
registered plan manager.
What happens if a participant or their nominee have been convicted of
a criminal offence?
The NDIA wil  consider if the participant or their plan nominee have had any major criminal
convictions.
The participant’s funding will be Agency-managed if the participant or their nominee have been
convicted of an offence that:
•  carries at least 2 years of prison
•  involves fraud or dishonesty.
This will apply to all new and reassessed plans where a new plan approval decision is being
made.
Can a participant appeal a plan management decision implemented
by the NDIA?
Participants can appeal a plan management decision.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
If a participant’s plan management type is changed, is the participant
notiﬁed and given reasons why?
We know how important it is for participants to have the control, independence and ﬂexibility in
arranging and paying for their own supports through self-management.
The NDIA wil  talk to the participant about the risks and safeguards they have considered when
making a plan management decision.
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Where possible, they wil  support the participant to work towards their preferred plan
management type in the future.
Right to appeal decisions
Will participants have the right to appeal agency decisions that they
are not happy with, for example changes to how their plan is managed
and the funding periods?
Participants can appeal a decision to approve a plan, which includes how the plan will be
managed. They can also appeal a decision relating to funding periods.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
Can participants still review decisions made by the Agency?
NDIS participants have always and wil  continue to have the right to review their NDIS package
and level of supports.
These legislative changes passed by Parliament do not change that right.
Providers
Do claims need to be submitted within 2 years of support being
provided? Is there a grace period?
Claims and payments (s45)
In the future, all claims must be made within 2 years of providing the support.
For the ﬁrst 12 months the NDIA wil  honour all claims made for supports provided before the
new NDIS law comes into effect on 3 October 2024.
How can providers register for community participation?
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
More information
If you have more questions about the changes to the NDIS, you can go to the Department of
Social Services website .
Get involved
Join Participant First  for opportunities to get involved.
This page current as of 20 December 2024
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DOCUMENT 4
Frequently asked questions about
legislation
On this page:
•
New
•
General
•
Transition, future changes and co-design
•
NDIS supports (s10)
•
Budget amounts, components, periods (s33)
•
Eligibility reassessments (s30/30A)
•
Foundational supports
•
Access (s21)
•
Notice of Impairments (s32BA)
•
Support needs assessment (s32L)
•
Plan management decisions (s44)
•
Right to appeal decisions
•
Providers
New
What are dysphagia supports? (New)
Dysphagia supports are what we call disability-related health supports. Generally, if a
participant has dysphagia which is ongoing and directly related to their disability, we can fund
dysphagia supports for them. We will need evidence to support this, such as reports or
assessments from a speech pathologist.
Dysphagia supports we may fund include:
•
low-cost assistive technology – this means equipment, technology, or devices to help
you eat and drink
•
modiﬁed foods including liquid thickener products
•
help to prepare speciﬁc foods which you can safely eat
•
a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
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To help you manage dysphagia, we may also fund a speech pathologist to:
•  make a mealtime management plan, sometimes called an oral eating and drinking care
plan, which describes how you can eat and drink safely
•  train your support workers, family or carers in your speciﬁc disability-related dysphagia
support needs.
Based on the NDIS support transitional rules, either the purchase of prepared aerated
drink/beverage or household item to aerate water, such as a soda stream, would not be an NDIS
Support as it would be classed as a day-to-day living cost.
If the participant needs further information, they can contact their My NDIS Contact or Support
Coordinator.
Can the NDIS fund meal preparation or delivery services? (New)
Yes, the NDIS can fund the cost of meal preparation and delivery, but not the cost of food or
ingredients. If your disability makes it difficult to prepare meals, you can use your funding for
supports like a support worker or meal delivery services.
Meal preparation and delivery services must provide itemised invoices separating the cost of
food from preparation and delivery costs. Services like Uber Eats or fast-food platforms typically
don’t meet these requirements as they do not provide the necessary separation.
For detailed guidance, you can refer to Our Guideline – Nutrition Supports including meal
preparation .
What if my support worker is unavailable or I live in a rural area? (New)
If your plan includes funding for a support worker to help with meal preparation, and the support
worker is temporarily unavailable, you can use this funding ﬂexibly for meal delivery for a short
period.
This arrangement should be temporary, and you may need to provide evidence if it extends for a
longer time. In rural areas, meal delivery providers must also provide itemised invoices to meet
NDIS requirements.
Does the NDIS fund groceries, fast food, or dietary supplements?
(New)
No, the NDIS does not fund groceries, fast food, or takeaway services, as these are considered
everyday living costs for everyone. Dietary supplements are also generally not funded unless
they are prescribed or recommended as part of managing a disability-related need.
For example, if a healthcare professional determines that your disability requires speciﬁc
supplements, these may be considered under certain circumstances, provided they meet the
NDIS funding criteria.
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How are decisions about meal preparation supports made, and what
evidence is needed? (New)
Decisions about funding for meal preparation supports are based on your individual plan and
the NDIS funding criteria. If included in your plan, this may be as a stated or non-stated support.
Providers must issue itemised invoices for meal preparation and delivery claims. While a quote
is not usually required, if additional funding is sought or the arrangement extends beyond a
short-term period, evidence such as a recommendation or plan change request may be
needed.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skills. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skills of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
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support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Are art and music therapy NDIS supports? (New)
Yes, art and music therapy are NDIS supports.
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
What is the purpose of the Independent Review? (New)
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will assess:
•  The review of evidence of effectiveness of art and music therapy for people with
disability
•  Qualiﬁcations and registration of music and art practitioners
•  Pricing of art and music support
The Independent Review wil  also seek from music and art therapy associations any additional
peer-reviewed evidence that the supports are effective and beneﬁcial as a disability-related
support for most participants and are current good practice.
The Independent Review’s role and responsibility is to provide expert opinion on appropriate
pricing for music and art therapy, based on existing evidence as to whether the music and art
therapy wil  be, or is likely to be, effective and beneﬁcial for participants, having regard to
current good practice.
How will the Independent Review impact current participants and
providers? (New)
Participants and providers can continue with their current arrangements. Evidence based
therapy currently al ows providers to charge up to $193.99 per hour.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
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Why is the NDIA updating the guidance for music and art therapy?
(New)
The Agency has an obligation under the NDIS Act to ensure a support wil  be effective and
beneﬁcial for a participant and is current good practice.
This requires the Agency to consider the available evidence of the effectiveness of the support.
For evidence-based therapy to be funded through the Scheme, there needs to be evidence that
the therapy helps participants improve or maintain their functional capacity in areas such as
language and communication, personal care, mobility and movement, interpersonal
interactions, functioning, and community living.
Evidence based therapeutic supports can only be delivered by an allied health professional.
The Agency has deferred the release of the operational guidance clarifying decision making on
therapy supports. Guidance wil  be updated in 2025 fol owing the Independent Review.
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
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It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.
General
What will change on 3 October?
For existing participants, key changes include:
•  The introduction of a deﬁnition of NDIS supports. These are:
o  supports that can be funded by the NDIS and stated by the NDIS rules to be
NDIS supports.
•  A replacement rule enabling participants to request a substitute or replacement support
that is not an NDIS support (in individual circumstances).
•  Plans approved after the law comes into effect wil  have:
o  total funding amounts
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o  funding component amounts
o  funding periods.
•  This clariﬁes the amount of funds available in the plan and how long the funds need to
last.
•  The NDIA can consider changing a plan management type in speciﬁc circumstances;
o  For example, where someone needs support to manage and spend their plan
funds within the funding amount.
Other changes will happen when new NDIS Rules are made. This includes:
•  the creation of new participant pathways
•  the new planning framework
•  support needs assessment
•  budget model and ﬂexible budgets.
What won't be changing on October 3?
We want to reassure participants that for most, there won’t be major changes to the way they
experience the NDIS right now.
What is not changing is the purpose of the NDIS.
The NDIS will continue to provide participants with disability-related supports.

What is the purpose of the new legislation?
The new legislation aims to:
•  Create the scaffolding needed to progress key NDIS Review recommendations in
partnership with people with disability and the disability community.
•  Clarify the intention of existing legislation to improve the delivery of the Scheme now,
reinforcing the original intent of the Scheme.
How will the new legislation affect NDIS participants?
Participants may see changes in:
•  how their eligibility is assessed
•  the supports that can be funded by the NDIS
•  how their plans are managed
•  how their funding is al ocated and needs to be spent
•  requirements for information gathering for eligibility reassessment.
What are NDIS Rules?
The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates.
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States and territories are involved in the approval process for NDIS Rules.
Legislative instruments may be made by the Minister for the NDIS after consulting with affected
stakeholders.
Many of the changes to the NDIS will be implemented through new NDIS Rules.
The new NDIS Rules will outline how people can access the NDIS, what assessments are
needed, and how budgets wil  work.
Rules will be developed with people with disability, their families and carers and the disability
sector.
What is a transitional rule?
A transitional rule is a rule that the Minister for the NDIS can make within the ﬁrst 12 months of
the legislation being passed, ahead of ﬁnal rules being agreed with states and territories.

When will the changes take effect?
The new NDIS laws come into effect on 3 October 2024.
Some changes wil  happen as soon as the laws come into effect. These changes are about
returning the NDIS to its original intent.
Other changes will happen later, when new NDIS Rules are made. This includes the creation of
new participant pathways and the new planning framework – support needs assessment,
budget model and ﬂexible budget.

Will there be consultation on these changes?
The changes were subject to consultation and consideration by the disability community,
disability representative and carer organisations, the NDIS Independent Advisory Council,
states and territories and the Community Affairs Legislation Committee.
There will continue to be opportunities for consultation to shape how these changes are
implemented. Those directly impacted by key decisions about the Scheme will continue to play
a key role in developing the detail and in implementing the reforms.
What is the new planning framework?
The new planning framework guides how the NDIS wil  operate. It explains how people can
access the NDIS, how their needs are assessed, and how ﬂexible budgets are created.
Because of changes to the legislation, plans will be built differently in future. This means there
will be 2 kinds of NDIS plans.
If your plan was developed through the current planning approach, this will be cal ed an old
framework plan.
If your plan is developed using the new assessment model, this wil  be a new framework plan.
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We have learnt a lot from these activities and continue to improve the way we work together
with the disability community.
In June 2024, the NDIA and disability organisations from across Australia shared a commitment
to work together on reforms to the Scheme.
Working in partnership with the disability community remains the cornerstone of implementing
change as we move forward.
Changes will be supported with transparency and communication.
What if there is a case for a support to get on the list? What do we do?
A NDIS Evidence Advisory Committee (EAC) will be established to provide independent and
transparent advice to Government on what works for participants.
The Committee will provide advice on the evidence base for therapeutic supports accessed
through the NDIS, improving outcomes and ensuring better value for participants.
This will ensure the supports funded under the Scheme are beneﬁcial, safe, evidence based
and cost effective.
The work of the Committee wil  be an important input into the development of the ﬁnal NDIS
Support Rule which will be developed with the disability community and States and Territories.
What will be co-designed going forward?
New co-design working groups have started meeting and wil  be steering a range of co-design
and engagement activities including future changes to the NDIS as a result of legislative change.
Key measures such as support needs assessments and budget models wil  be subject to
ongoing co-design.
We will keep looking for new ways for people to have a voice and shape the work we do together.
NDIS supports (s10)
What is and is not a NDIS support?
From October 3 2024, the Government has released the lists of what NDIS participants can and
cannot spend their funding on.
The lists include items that are NDIS supports and items that are not NDIS supports.
Participants who need speciﬁc items for their disability wil  stil  be able to access those items
through these lists.
These lists are based on existing guidance, so in most cases there is unlikely to be any change to
the supports a person is currently using.
There wil  be a transition period for the ﬁrst year of the new NDIS supports lists to give
participants time to learn and understand.
If you’re unsure, there are a few things you can do:
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•  read the NDIS Supports list on the Our Guidelines website.
•  we'll also be sending a link to all participants
•  speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
•  if you’re still unsure, cal  us on 1800 800 110.
How long will I get to change my supports after the legislation change?
From 3 October 2024 you must use your funding to purchase services, items and equipment
that can be funded by the NDIS.
We wil  work with you to help you understand the new rules and access supports that are NDIS
supports.
What if I am delivering supports/ accessing supports that are now on
the non NDIS support list?
The Government has released deﬁnitions of NDIS supports making it clear what NDIS funds can
and cannot be used for. These deﬁnitions are based on existing guidance.
Lists of speciﬁc items that are allowable NDIS supports and those that are not allowed are on
the NDIS website.
If a support is included on the list showing what is not an  NDIS Support - it is not allowed to be
funded from NDIS plans from 3 October 2024.
There is a transitional rule allowing participants to continue to access supports that are not
NDIS supports if they were speciﬁcally identiﬁed as reasonable and necessary before 3 October
2024, for the duration of their existing plan.
This also includes situations where the Administrative Appeals Tribunal has decided that the
support should be funded as a reasonable and necessary support.
This rule does not apply to sexual services, alcohol or drugs. These supports are speciﬁed in the
primary Act as non-NDIS supports.
NDIS participants will continue to receive the disability-related supports they need. However,
the NDIS was not designed to pay for the cost of everyday expenses.
Find more information on the supports lists .
How can I provide feedback or raise concerns about the changes to my
support?
You can contact your local area coordinator, early childhood partner or support coordinator.
You can also contact us.
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It is likely that many participants will accidental y or unknowingly use
their funding on something not classiﬁed as an NDIS support. What
will happen to them, will there be a transition period to help people to
adjust to the changes?
We know it wil  take time for people to learn about and understand the new NDIS support lists
and we’ve heard participants’ concerns about what may happen if someone accidentally buys
something which is not an NDIS support.
That’s why there wil  be a transition period for the ﬁrst year (12 months) to help people to
understand the new NDIS Supports lists.
We wil  work with participants who make mistakes to make sure that they understand the NDIS
supports lists.
What if I make a mistake and accidental y purchase a support that’s on
the ‘out’ list?
A person who makes a mistake and claims an item which is not an NDIS support wil  not have a
debt raised for ﬁrst or second mistakes made in claiming where the support is worth less than
$1,500.
This means the NDIA must contact participants twice to explain what is and is not an NDIS
support before any debt of less than $1,500 is raised against them.
This rule applies to all participants (including participants who self-manage their funding),
nominees and child -representative for a 12-month period commencing from 3 October 2024.
For NDIS providers, it applies for 30 days.
This does not apply if a participant purchases illegal items with funding from their plans.
If incorrect claims are repeated or fraudulent, we may take further action.
Firmer actions can include raising a debt or moving the participant onto an Agency-managed
plan.
What happens with purchases over $1500?
In the situation where the cost is above $1500 the transitional rule does not apply, and a debt
will be raised.
However, it is important to note that any debts related to purchases for $1,500 or more for non-
NDIS supports can be written off or waived under the existing provisions of the NDIS Act.
This includes waiver under section 195, which has been updated to allow a debt to be waived in
‘special circumstances’ if the participant unintentionally or unknowingly breaches the Act,
regulations, or rules.
It also allows consideration of the participant’s disability as part of a holistic assessment of
whether special circumstances exist.
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If a debt arises for payments made for non-NDIS supports, it will only be recovered when it is
appropriate to do so in line with the Commonwealth policy on debt recovery.
The NDIA wil  keep using a structured process for debt management, focusing on compliance
and audit activities on repeated or intentional non-compliance.
We’l  always consider the individual circumstances, with education and support being the ﬁrst
consideration, particularly during the transition period.
This isn’t about trying to catch people out – we know participants want to do the right thing.
NDIA ‘Safety Net’ for debt
The NDIA has put in place a process that means if the Agency was ever to pursue a debt against
a participant – the NDIA CEO would need to sign off this decision ﬁrst.
This safety net is in place to ensure that raising any debt against a participant would be an
absolute last resort and such a decision would never be automated, rather it would not proceed
without thoughtful consideration at the most senior level of the Agency.
Purchases or provision of supports prior to 3 October 2024
Please note that the new requirement to spend NDIS amounts only on NDIS supports does not
apply to any support with a service or purchase date before 3 October.
If people have made a purchase or booking for an item that is not an NDIS support before this
date, they can make a claim for any cancel ation fee.
This does not apply if a participant purchases illegal items with funding from their plans.
What if evidence from my treating professional states I need a support
on the 'out' list?
If you think an item that isn’t a NDIS support is better for you, you can ask to substitute that
support.
Only some supports can be replaced.
You can only spend your funding on a substitution if we have agreed in writing that you can buy
this support.
There are a few criteria that must be met before we can approve this.
The Rules say which types of supports can be replaced.
The substituted support must also:
•  replace one or more supports that are NDIS supports
•  be the same price or cheaper than the NDIS support it is replacing, and
•  be likely to provide the same or better outcomes than the NDIS supports it is replacing.
You can view the NDIS supports on Our Guidelines website.
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What is a replacement support?
In some speciﬁc circumstances, we can fund supports that are not NDIS supports.
We cal  these replacement supports.
When we say replacement support, we mean the service, item or equipment you would like to
use instead of the NDIS support or supports in your plan.
Only some supports can be replaced and only if we agree in writing can you buy this support.
A replacement support isn’t an extra support. It replaces an existing NDIS support or supports in
your plan.
To ﬁnd out what can be considered as a replacement support, see What does NDIS fund?
When would a replacement support be requested?
We know that every participant has their own unique needs, and in speciﬁc circumstances a
participant might need to use their funding for a support that is not a NDIS support.
Participants can ask for a NDIS support to be replaced with certain non-NDIS supports. These
are called replacement supports.
This wil  enable participants to request a replacement of their existing support with a support
that is not a NDIS support.
This may occur in circumstances where a standard item might provide better outcomes and
cost the same or less than a NDIS Support.
A replacement support may include household items, or very speciﬁc items that support a
participant’s unique accessibility or communication needs.
Replacement supports must be from this pre-approved replacement supports list.
Applications can be made for the items speciﬁed below:
•  Standard commercially available household items
•  Smart watches
•  Tablets
•  smart phones
•  apps for accessibility/communication purposes
For more information about replacement supports including how to apply for them, see What
does NDIS fund?
What’s the process for a replacement support?
To get a replacement support approved, the Agency needs to be satisﬁed the replacement
support wil  provide the same or better outcomes and cost the same or less than another NDIS
support that is already in the participant’s plan.
Participants must apply for and receive approval of a replacement support before purchasing
the support.
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It cannot be done after purchasing a non-NDIS support.
Participants can ﬁl  out an application for a replacement support on the NDIS website or provide
the same information in an email or over the phone.
If your application for a replacement support for an item is not approved, you can’t apply for that
same replacement support again for 12 months.
Replacement support example
The NDIS is not designed to fund items such as an iPad or Apple watch.
However, should a participant know that they are able to communicate with their loved ones or
a worker by using an iPad – rather than a specialist and more costly piece of equipment – then
they can request the Agency to fund this.
The NDIA wil  then consider this request and may wel  say ‘Yes, absolutely that makes sense –
so we will fund that on this occasion’.
That’s a really clear example of replacing a more expensive item with a better, more cost-
effective solution.
This just makes sense.
It’s important to note the list of replacement supports won’t apply for every participant.
The funding of a replacement support wil  only beneﬁt some participants, who due to their
unique circumstances, are clearly able to demonstrate that a speciﬁc item or support, wil
beneﬁt them and provide a better, more cost-effective option.
Is there someone I can ask at the NDIA to check that I am doing the
right thing?
You can contact your local area coordinator, early childhood partner or support coordinator to
help you understand what supports you can buy.
You can also contact us.
How will the NDIA ensure this process is easy and accessible?
We are committed to ensuring that all communications about the Government changes are
accessible to everyone.
That's why we are working with the sector and our suppliers to test and produce materials in a
range of accessible formats, including Easy Read documents, animations/videos and Auslan.
An important part of our website accessibility is that content can be easily accessed, including
for those using screen readers.
We are working with the sector to develop and test messaging and agile approaches to
producing accessible content.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
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Why is the change to Section 10 of the NDIS Act 2013 necessary?
We have heard consistently, particularly from participants self-managing their supports, that it
is not clear what they can spend their funding on.
Making it clear what the NDIS does, and does not, fund wil  help participants make more
informed choices about what they can use their funds for.
The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules
(Category A) that outline what is and is not an NDIS support.
It's going to take some time to make a Category A rule. We'l  work closely with the disability
community and state and territory governments to understand what should and shouldn’t be
included.
In the interim, the Minister may create a transitional NDIS Supports rule. This wil  be in place as
soon as the instrument is created and wil  have effect until the new Category A NDIS supports
rule is agreed.
Is Short Term Accommodation (STA) an NDIS support?
Yes, short term accommodation (STA) is included in the 'supports that are NDIS supports' list.
How does STA work?
STA is designed to help informal supports continue their caring role. It is one option that
provides participants and their informal supports time apart.
STA allows participants to stay away from their homes and informal supports for a short time. It
can be funded for up to 14 days at a time to a maximum of 28 days per calendar year.
STA funding can be used for assistance with self-care or community access and short-term
accommodation. It cannot be used to pay for day-to-day living costs such as food and
groceries, lifestyle costs or travel.
STA cannot be used to pay for items on the list of non-NDIS supports.
Providers offering STA in a centre or group residence may include meals and activities within the
daily rate charged – in line with the NDIS Pricing Arrangements and Price Limits – however these
cannot be included if the participant choses to use STA in an individual setting.
We know there are stil  some questions about what can be claimed under STA, particularly if you
want to use a hotel or other accommodation options. A new operational guideline about STA wil
be available in early 2025 with more information.
How is STA funded?
STA is funded in a participant's core budget if it relates to their disability support needs, and
where it is reasonable and necessary.
It does not need to be stated in a participant's plan.
Participants can access STA as part of the 'assistance with daily life tasks in a group or shared
living arrangement' category on the NDIS supports list.
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The NDIS funds standard rates for STA, which are available in the NDIS Pricing Arrangements
and Price Limits.
Generally funding for STA is for a group price, unless there is evidence that a participant needs
individual support.
STA cannot be used to pay for items on the list of non-NDIS supports.
Does STA cover the cost of transport?
Participants cannot use STA funding to pay for transport to the accommodation funded through
STA.
If a participant wants to access STA supports far away from their usual home, the cost of the
travel is a day-to-day living cost they are expected to pay for separately. Participants should
consider this when choosing an STA option that is right for them. Some participants may have
funding for transport to an activity or other support already in their plan. If a participant usually
needs transport support because of their disability, their provider may include the cost of
transport from the accommodation to activities they provide.
Can STA be used for holidays?
No. STA is not for holidays or tourist travel. It is designed to provide participants and their
informal supports time apart.
STA cannot be used to pay for items on the list of non-NDIS supports.
NDIS funding can’t be used to pay for:
•  cruises, holiday packages, holiday accommodation and airfares, passports, visas, or
travel and vehicle insurance
•  accommodation or travel expenses for family members or support workers
•  theme parks, music, theatre, cinema, sporting events, and conferences
•  day-to-day living costs such as food or meals. In some cases, your provider may include
meals as part of your STA in a centre or group setting. The NDIS funds standard rates for
STA, so you may need to negotiate these costs with your provider. Once you have used
your STA funding, you can’t ask us for more. You can ﬁnd the rates in the NDIS Pricing
Arrangements and Price Limits.
If a participant requires support while on holiday, they can continue to use their usual non-STA
supports from their NDIS plan.
Participants should speak with their support coordinator, local area coordinator, early
childhood partner or planner if they are going on a holiday and need their NDIS supports
delivered in another location.
Is STA available for participants in Supported Independent Living or
living alone?
No. This is because if a participant is living alone or in a supported independent living
arrangement, they already have time apart from family and informal supports.
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What are the impacts on individualised living options (ILO) in relation
to rent and rental subsidies?
An ILO arrangement should be delivered in line with the ILO guideline . ILO is a package of
supports to help a participant live in their chosen home environment in a way that best suits
them. It does not fund the home itself.
An ILO includes an agreed ILO service proposal and is overseen by a provider. An ILO does not
include a participant’s rent or mortgage payments, or everyday costs like food, electricity or
internet bills.
If participants are living with people who offer them support throughout their day or week, and
who have ILO funding in their plan and an ILO arrangement in place, the changes to Section 10
in the Amended NDIS Act (NDIS supports) will not impact payments for these supports. The
supports provided must be in line with the participant’s ILO service proposal and the ILO
Operational Guidelines and Section 10 requirements for NDIS supports .
The new NDIS transitional rules covering these supports align with existing ILO policy. They aim
to ensure participants are not using their NDIS funding to pay for their rental costs and are using
their NDIS funding to purchase NDIS supports under an agreed ILO arrangement.
Participants, their families and supporters interested in considering ILO arrangements should
contact the NDIS or a local area coordinator for more information.
A new policy on ILO will be developed through co-design and released mid 2025.
Is animal therapy an NDIS support?
Animal-assisted therapy can be an NDIS support - therapeutic support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may
use an animal to play a role in a goal-directed, structured intervention which will assist the
therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be
used as a tool in a therapy session.
For example, a psychologist or counsel or may use an animal in therapy sessions to assist a
participant to calm, focus or regulate whilst the counsel ing/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to
participate in an activity such as walking, standing, balancing etc. In these interventions, the
animal may be used by the therapist to help the client meet speciﬁc goals but the therapy is
delivered to the participant by the allied health professional, with the animal used to support
participation.
Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as
engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the
service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
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These activities are not animal-assisted therapeutic interventions and are not NDIS Supports,
even if the provider of the service is an allied health professional.
What about supports to participate in social and recreational
opportunities that include animals?
The NDIA and NDIS acknowledges that NDIS participants may engage in programs that include
animals to provide sporting, social and recreational opportunities for people with disabilities,
and capacity building support.
This may include for example, participation in horse riding.
If NDIS participants need extra help to participate in horse riding activities because of their
disability, the extra help can be funded in their plan.
This extra help could be a support worker or assistive products that help the participant engage
in the activity when it is happening.
Participants might also use their therapy supports budget to work with a therapist to build their
skills to do the sporting, social or recreational activity more independently in the future.
NDIS participants wil stil need to pay for the general costs of their sporting, social or
recreational activities as these are costs that everyone must pay for these kinds of activities.
For example, everyone who wants an activity delivered to them has to pay for that activity
themselves whether or not they have a disability.
This is the same whether the activity includes an animal or not. Participants cannot use their
NDIS funding to pay for the costs of other sporting, recreational or social activities like surﬁng
lessons, basketball, art classes or gaming.
The bans on therapy supports like 'gaming therapy' or 'yoga therapy',
does that include social group programs which include these
strategies?
Noting also that most therapists utilise some type of games in therapy sessions as standard
practice, as part of building various skil s.
Supports that provide evidence-based therapy to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence based therapeutic supports can only
be delivered by an allied health professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which will assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
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What about if my activity is delivered through a disability-speciﬁc
group or centre-based program?
If your activity is being delivered through a group and centre-based program and the costs of the
activity and the support you need are ful y covered by the hourly rate charged by the provider in
line with the NDIS Pricing Arrangements, you can purchase your group and centre-based
program using your NDIS funds.
If your group and centre-based program does not cover the costs of an activity within the hourly
rate they charge to support you in that activity then you wil need to pay for the cost of the
activity yourself.
For example, if your group and centre-based program goes bowling and the cost of bowling is
not covered by the approved hourly rate then you need to pay for these costs yourself.
Is Lego therapy included on the out list? Do delegates have clarity
about therapy supports and which supports are al owed?
Supports that provide evidence-based therapy, to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence-based therapeutic supports can
only be delivered by an allied health professional or appropriately qualiﬁed professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which will assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
Activities that are delivered without a best quality evidence-base and/or by people who are not
appropriately qualiﬁed to develop and deliver therapy are not funded as therapeutic supports.
You can ﬁnd more information about alternative and complementary therapies that are not
evidence-based at What does NDIS fund?
Training on all legislative changes is being delivered to all delegates. Guidance for delegates has
also been updated across NDIA systems.
Can NDIS funding be used to purchase pet insurance for assistance
animals?
NDIS funding can be used to buy an assistance animal and pay for most of its associated costs
when approved by the NDIA.

However, funding cannot be used to pay for pet insurance for an assistance animal. More
information about assistance animals is available in Our Guideline – Assistance animals .

NDIS funding can’t be used to buy pets or companion animals, or to pay for any pet or
companion animal related costs including:
• Pet food, toys or accessories
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•  Veterinarian costs
•  Pet boarding
•  Pet grooming
•  Pet insurance
•  Taxidermy and pet cremations, burials or funerals.
Is specialised driver training an NDIS support?
The NDIS supports list describes that driver training with a specialised vehicle driving instructor
can be funded for eligible participants.

A specialised vehicle driving instructor is someone who has experience and training in providing
driving instruction to people with disability and is registered or licensed to be a driving instructor
in the relevant State or Territory.

The information available in current operational guidance remains applicable.
Our Guideline – Vehicle modiﬁcations and driving supports describes the range of driver
supports that may be funded:
•  A driver trained occupational therapist assessment and a driving instructor for the on-
road part of the assessment, if a participant plans to drive the vehicle.
•  Specialised driving lessons - additional driving lessons where a participant’s disability
impacts their ability to learn to drive.
Are disability speciﬁc bicycles, including electric bicycles, considered
an NDIS support?
Yes. Bicycles or tricycles, with or without an electric motor, that include disability speciﬁc
features, or have been designed to meet the disability speciﬁc needs of a participant, are an
NDIS support.
This is because they are considered an assistive product for recreation and can be funded if
they also meet the ‘reasonable and necessary’ criteria applied to all NDIS supports.
The costs associated with adapting or modifying a standard bicycle or tricycle to meet a
participant’s disability speciﬁc needs may also be an NDIS support. However, in these
circumstances the participant, or their family, would need to self-fund the cost of the bicycle or
tricycle that is being adapted or modiﬁed.
Standard, non-modiﬁed, bicycles or tricycles including electric bicycles are not NDIS supports.
In some speciﬁc circumstances, the NDIS may fund supports that are not listed as NDIS
supports. These are called replacement supports. Electric bicycles are not considered standard
commercially available household items and therefore are not a support for which a
replacement can be requested.
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Are sexual services an NDIS support?
Under the laws of the NDIS sexual services can’t be funded.
Sexual services is not deﬁned in the legislation but is given its ordinary meaning by the NDIA.
Sexual services are taken to include any sexual conduct undertaken with a participant for
payment or reward, including direct physical activity between a participant and another person
for the purpose of sexual gratiﬁcation.
This includes all services that may be provided by a sex worker.
The NDIS will continue to provide reasonable and necessary funding to participants to access
the disability related supports and services they need.
This includes other sexuality related supports due to a participant’s disability, for example
adaptive equipment, sex counselling and individualised sexual education supports where
reasonable and necessary.
How does the al owable NDIS supports list work?
The list of allowable NDIS supports is not exhaustive, meaning it does not exclude items that are
not speciﬁcally listed.
The purpose of the list is to clarify the types of supports that fall under the overarching
description.
It is important for participants to know that for something to be considered an NDIS support, it
must ﬁt within the overarching description provided in schedule 1 (however it does not have to
be speciﬁcally listed) and of course, must not be included in the non-allowable NDIS supports
list.
The NDIS support list includes high intensity daily personal activities,
and states that supports must be provided by a worker with additional
qualiﬁcations and experience. What does this mean?
You should ensure that the people providing your high intensity daily personal activity supports
have relevant qualiﬁcations and/or training to deliver the support to you safely and
appropriately.
The NDIS Quality and Safeguards Commission provides guidance which describes the skills and
knowledge that NDIS providers and workers should ensure they have when supporting
participants receiving high intensity daily personal activities.
You can ﬁnd more information about this guidance on the NDIS Commission website .
Are modiﬁed ﬂuids and thickeners NDIS supports?
Modiﬁed ﬂuids and thickeners are NDIS supports.They are what we call disability-related health
supports .
These include:
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•  low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports?
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil  fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wellbeing’ category (pg. 81-82).
The PAPL is currently being reviewed and will be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list?
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
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By general parenting programs, we mean programs available to all parents that help build
parenting skills. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skills of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
What are dysphagia supports? (New)
Dysphagia supports are what we call disability-related health supports. Generally, if a
participant has dysphagia which is ongoing and directly related to their disability, we can fund
dysphagia supports for them. We will need evidence to support this, such as reports or
assessments from a speech pathologist.
Dysphagia supports we may fund include:
•  low-cost assistive technology – this means equipment, technology, or devices to help
you eat and drink
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
To help you manage dysphagia, we may also fund a speech pathologist to:
•  make a mealtime management plan, sometimes called an oral eating and drinking care
plan, which describes how you can eat and drink safely
•  train your support workers, family or carers in your speciﬁc disability-related dysphagia
support needs.
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Based on the NDIS support transitional rules, either the purchase of prepared aerated
drink/beverage or household item to aerate water, such as a soda stream, would not be an NDIS
Support as it would be classed as a day-to-day living cost.
If the participant needs further information, they can contact their My NDIS Contact or Support
Coordinator.
Can the NDIS fund meal preparation or delivery services? (New)
Yes, the NDIS can fund the cost of meal preparation and delivery, but not the cost of food or
ingredients. If your disability makes it difficult to prepare meals, you can use your funding for
supports like a support worker or meal delivery services.
Meal preparation and delivery services must provide itemised invoices separating the cost of
food from preparation and delivery costs. Services like Uber Eats or fast-food platforms typically
don’t meet these requirements as they do not provide the necessary separation.
For detailed guidance, you can refer to Our Guideline – Nutrition Supports including meal
preparation .
What if my support worker is unavailable or I live in a rural area? (New)
If your plan includes funding for a support worker to help with meal preparation, and the support
worker is temporarily unavailable, you can use this funding ﬂexibly for meal delivery for a short
period.
This arrangement should be temporary, and you may need to provide evidence if it extends for a
longer time. In rural areas, meal delivery providers must also provide itemised invoices to meet
NDIS requirements.
Does the NDIS fund groceries, fast food, or dietary supplements?
(New)
No, the NDIS does not fund groceries, fast food, or takeaway services, as these are considered
everyday living costs for everyone. Dietary supplements are also generally not funded unless
they are prescribed or recommended as part of managing a disability-related need.
For example, if a healthcare professional determines that your disability requires speciﬁc
supplements, these may be considered under certain circumstances, provided they meet the
NDIS funding criteria.
How are decisions about meal preparation supports made, and what
evidence is needed? (New)
Decisions about funding for meal preparation supports are based on your individual plan and
the NDIS funding criteria. If included in your plan, this may be as a stated or non-stated support.
Providers must issue itemised invoices for meal preparation and delivery claims. While a quote
is not usually required, if additional funding is sought or the arrangement extends beyond a
short-term period, evidence such as a recommendation or plan change request may be
needed.

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Budget amounts, components, periods (s33)
When does this apply?
NDIS plans approved after 3 October 2024 will specify a total budget amount for all supports
across the length of the plan.
This wil  not affect current plans. The change will be applied to new plans on approval.
What are funding periods?
Currently participants can access all the funding in their plan at any time.
This can make it hard for participants to budget and can also make them vulnerable.
In the future, for participants with stable support needs, the introduction of funding periods
al ows for the creation of longer-term plans, for instance 2, 3 or 5 years.
For now, al  new plans created after 3 October 2024 will have a funding period of 12 months.
Funding periods deﬁne how often a participant can access a portion of their total budget
amount or funding component amounts.
This helps avoid plan inﬂation and manage risk.
Unspent funds will rol -over between funding periods within the same plan.
This approach ensures that support is available as needed over time.
This will make it easier for participants to spend in accordance with their plan.
Participants will know how much funds they have, what amount for what component and how
long the funds need to last.
What is total budget amount?
Plans wil  include a total budget amount showing the total cost of all supports across the length
of the plan.
There wil  be tools available for participants to help manage their budgets.
When the law ﬁrst comes into effect on 3 October 2024, all funding periods wil  be 12 months.
From early 2025, shorter funding periods wil  be available for those who need them.
This will make it easier for participants to spend in accordance with their plan.
They will know how much funds they have, and how long the funds need to last.
Can unused funding be rolled over to the next funding period?
Any unused funding will rol -over between funding periods within a plan.
Unused funding will not rol -over into new plans.
Can funding from a future funding period be brought forward?
Future funding periods cannot be brought forward.
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If you are running out of funding due to a change in your circumstances, you can contact the
NDIS to request a review of your plan.
Who decides what the funding period will be?
Funding periods will be discussed with participants during the planning process.
They will be determined by a range of factors including:
•  personal preference
•  frequency and type of supports
•  potential risks.
The NDIA  will consider funding periods with participants when deciding how their plans funds
are managed.
Can participants request a review of a decision about the funding
periods and total budget amounts in their plan?
If a participant is not happy with the funding periods and total budget amounts in their plan,
they can request an internal review of their plan.
Why is capacity building not ﬂexible with core?
The legislation and legislative instrument state only a small number of things are stated
supports. So everything else should be ﬂexible?
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
How will people who are Agency-managed have the same level of
support and choice?
How can participants make sure funding components are being utilised as ﬂexibly as possible,
especially when we don't have clarity around supported decision-making approaches?
Generally speaking, funding components wil  act the same as budgets and support categories
now, so participants shouldn’t experience any changes to how ﬂexible their plans are.
There are no changes regarding access to registered or unregistered providers as a result of the
legislation changes.
We will help participants and nominees understand these changes and implement their plans.
Participants can continue to access plan implementation support from their My NDIS Contact
or, support coordinator, plan manager or other services such as recovery coaches if they are
funded in their plan. Plan managers and support coordinators are expected to provide
assistance to the participant to understand their funding options and choices.
If the participant needs additional assistance because of their supported decision making
needs, they can ask for capacity building funding in their plan.
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If participants want to access more ﬂexibility with the ability to choose unregistered providers,
they can have a discussion about their plan management type with their planner or local area
coordinator.
Each plan can continue to have a mix of plan management types based on an individual
participant’s needs and preferences.
Training for NDIA staff on supported decision making has been designed and will begin to be
delivered from November 2024. This will assist planners to prioritise supported decision making
when having discussions with participants.
Can a participant negotiate to 'unstate' a support during planning?
The purpose of stating supports in a participant’s plan is to ensure speciﬁc disability needs are
addressed.
It is therefore not something that would generally be changed in the planning process.
Is there going to be enough ﬂexibility in these arrangements to enable
plans to work for people with volatile needs?
It may be about making a best guess with initial funding or a quick turnaround on change
requests, but standard approaches for all participants may not apply for this group.
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
Participants wil  continue to be able to make change requests when their circumstances
change. This includes requesting a variation for crisis or emergency funding as a result of a
signiﬁcant change to the participant's support needs.
As well as there being s10 rules around al owable supports in place,
will there be any restrictions on choice of registered providers for
home and living supports?
The NDIS Provider and Worker Registration Taskforce recently provided advice to the
Government on the design and implementation of a new regulatory model.
The Taskforce made 11 recommendations and 10 implementation actions covering provider and
worker registration, some of which required an immediate response and others that wil  be
designed with close consultation with the disability community. The Taskforce conducted
thorough consultation, and this important process wil  continue.
The NDIS Quality and Safeguards Commission will progress Rule changes to mandate
registration for support coordination, platform providers and SIL. Consultation on these
changes will commence shortly. The new Rules will al ow for a period of transition to the new
mandatory registration arrangements.
Currently, if a participant’s plan is Agency-managed, there are some constraints in place,
including that they must purchase from registered NDIS providers only.
Under the SDA Rules, SDA providers must also be registered.
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Why do supports need to be listed in separate components?
Where is the legislative barrier against combining funding across components?
If it can be done using four categories under core components, then why can’t this be applied
with other categories?
A funding component amount in a plan might include funding for more than one support
category. This means a participant can choose how to spend their funding across al  the
supports under that funding component amount.
For example, in the same funding component amount we can include any funding for:
•  transport
•  consumables
•  assistance with daily life
•  assistance with social, economic and community participation.

Eligibility reassessments (s30/30A)
What is the purpose of an eligibility reassessment?
Eligibility reassessments are not new and are normal practice in the NDIS. They have been a
part of the Scheme since the beginning.
The purpose of an eligibility reassessment is to check if a participant’s support needs are being
met or have changed.
For some participants, their support needs won’t change. For others, they may reduce over
time.
Reducing support needs over time is the aim of the Early Intervention criteria (section 25).
When we support people early, it can improve outcomes and reduce the need for supports later
in life.
How does the eligibility reassessment process work?
We send a letter to a participant (or nominee) to tel  them about the eligibility reassessment and
that we require information.
The new law means we can ask for other, speciﬁc information. This might include:
•  a speciﬁc type of assessment
•  a speciﬁc report from an allied health professional.
We understand that it can take time to get this information. That’s why the new law al ows 90
days to provide it. If the information isn’t available in 90 days, the participant (or nominee) can
ask for more time.
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So far, we haven’t asked any participants for speciﬁc information. If we do, we wil  support
participants (or their nominee) to understand what we need, why we need it and when we need
it by.
If we decide someone isn’t eligible or they don’t respond to our request within the timeframe,
we may revoke their access to the NDIS. This helps ensure that support is accurately targeted to
those who need it.
There wil  also be rules to require mandatory eligibility reassessments, for example when
children turn 9.
Is the NDIA doing more eligibility reassessments?
The NDIA received funding to increase its overall staffing in the 2023/24 Budget to better service
the growing numbers of participants. This has enabled the Agency to undertake more
reassessments.
While the number of eligibility reassessments conducted recently has increased – due to
increased staffing and continued work to reduce an existing backlog – the number of
participants recommended for reassessment by local area coordination and early childhood
partners has remained stable.

Foundational Supports
Do the legislative amendments address foundational supports?
The amendments don't directly address foundational supports, the focus is on strengthening
the overal  framework of the NDIS.
This includes ensuring that necessary supports are available to participants, which may involve
foundational supports being addressed indirectly as part of the broader reforms and
improvements to the Scheme.

Access (s21)
What are the changes to access?
New participants wil  be informed if they meet access to the NDIS by meeting the:
•  disability requirements (s.24)
•  early intervention requirements (s.25)
•  both the disability and early intervention requirements.
In the future, participants wil  be supported by the appropriate participant pathway, depending
on how they meet access.
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What will the changes to access mean for participants?
In the future, participants wil  be supported to have a more tailored planning experience and
funding outcomes, depending on how they accessed the NDIS.
The impact of this change wil  happen later, once new pathways are created.
It wil  take time to create the new pathways, as we wil  work together with people with disability
on how these can be best implemented to ensure the needs of participants and the Agency are
met.
How do the changes impact early intervention?
People who meet access to the NDIS under the early intervention requirements wil  be
supported by the new early intervention pathway once it’s created.

Notice of impairments (s32BA)
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
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Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.

Support needs assessment (s32L)
What is a support needs assessment?
A support needs assessment will assess a person holistically, looking at all their disability
related support needs.
The support needs assessment will be a more person-centered and strength-based approach.
This allows the NDIA to move away from:
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•  using the concept of primary disability
•  a reliance on functional assessments
•  deﬁcit-based approaches to understanding support needs.
A support needs assessment wil  inform a participant’s ﬂexible budget and stated supports.
The support needs assessment process will be co-designed with the disability community.
It wil  only start for new framework plans.

Plan management decisions (s44)
What does the NDIA consider when changing a plan management
decision?
When the NDIA decides how plan funds are managed, they wil  consider if the participant, their
nominee or child representative or registered plan manager:
•  spent funding on NDIS supports
•  spent funding in line with the participant’s plan
•  presents an unreasonable risk to the participant by managing their funding.
If risks are identiﬁed, the NDIA may not support a participant’s request to self-manage or use a
registered plan manager.
What happens if a participant or their nominee have been convicted of
a criminal offence?
The NDIA wil  consider if the participant or their plan nominee have had any major criminal
convictions.
The participant’s funding will be Agency-managed if the participant or their nominee have been
convicted of an offence that:
•  carries at least 2 years of prison
•  involves fraud or dishonesty.
This will apply to all new and reassessed plans where a new plan approval decision is being
made.
Can a participant appeal a plan management decision implemented
by the NDIA?
Participants can appeal a plan management decision.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
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If a participant’s plan management type is changed, is the participant
notiﬁed and given reasons why?
We know how important it is for participants to have the control, independence and ﬂexibility in
arranging and paying for their own supports through self-management.
The NDIA wil  talk to the participant about the risks and safeguards they have considered when
making a plan management decision.
Where possible, they wil  support the participant to work towards their preferred plan
management type in the future.

Right to appeal decisions
Will participants have the right to appeal agency decisions that they
are not happy with, for example changes to how their plan is managed
and the funding periods?
Participants can appeal a decision to approve a plan, which includes how the plan will be
managed. They can also appeal a decision relating to funding periods.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
Can participants still review decisions made by the Agency?
NDIS participants have always and wil  continue to have the right to review their NDIS package
and level of supports.
These legislative changes passed by Parliament do not change that right.

Providers
Do claims need to be submitted within 2 years of support being
provided? Is there a grace period?
Claims and payments (s45)
In the future, all claims must be made within 2 years of providing the support.
For the ﬁrst 12 months the NDIA wil  honour all claims made for supports provided before the
new NDIS law comes into effect on 3 October 2024.
How can providers register for community participation?
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
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More information
If you have more questions about the changes to the NDIS, you can go to the Department of
Social Services website .
Get involved
Join Participant First for opportunities to get involved.

This page current as of 7 January 2025

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DOCUMENT 5
Frequently asked questions about
legislation
On this page:
•
New
•
General
•
Transition, future changes and co-design
•
NDIS supports (s10)
•
Budget amounts, components, periods (s33)
•
Eligibility reassessments (s30)
•
Foundational supports
•
Access (s21)
•
Notice of Impairments (s32BA)
•
Support needs assessment (s32L)
•
Plan management decisions (s44)
•
Right to appeal decisions
•
Providers
New
What are dysphagia supports? (New)
Dysphagia supports are what we call disability-related health supports. Generally, if a
participant has dysphagia which is ongoing and directly related to their disability, we can fund
dysphagia supports for them. We will need evidence to support this, such as reports or
assessments from a speech pathologist.
Dysphagia supports we may fund include:
•
low-cost assistive technology – this means equipment, technology, or devices to help
you eat and drink
•
modiﬁed foods including liquid thickener products
•
help to prepare speciﬁc foods which you can safely eat
•
a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
To help you manage dysphagia, we may also fund a speech pathologist to:
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•  make a mealtime management plan, sometimes called an oral eating and drinking care
plan, which describes how you can eat and drink safely
•  train your support workers, family or carers in your speciﬁc disability-related dysphagia
support needs.
Based on the NDIS support transitional rules, either the purchase of prepared aerated
drink/beverage or household item to aerate water, such as a soda stream, would not be an NDIS
Support as it would be classed as a day-to-day living cost.
If the participant needs further information, they can contact their My NDIS Contact or Support
Coordinator.
Can the NDIS fund meal preparation or delivery services? (New)
Yes, the NDIS can fund the cost of meal preparation and delivery, but not the cost of food or
ingredients. If your disability makes it difficult to prepare meals, you can use your funding for
supports like a support worker or meal delivery services.
Meal preparation and delivery services must provide itemised invoices separating the cost of
food from preparation and delivery costs. Services like Uber Eats or fast-food platforms typically
don’t meet these requirements as they do not provide the necessary separation.
For detailed guidance, you can refer to Our Guideline – Nutrition Supports including meal
preparation .
What if my support worker is unavailable or I live in a rural area? (New)
If your plan includes funding for a support worker to help with meal preparation, and the support
worker is temporarily unavailable, you can use this funding ﬂexibly for meal delivery for a short
period.
This arrangement should be temporary, and you may need to provide evidence if it extends for a
longer time. In rural areas, meal delivery providers must also provide itemised invoices to meet
NDIS requirements.
Does the NDIS fund groceries, fast food, or dietary supplements?
(New)
No, the NDIS does not fund groceries, fast food, or takeaway services, as these are considered
everyday living costs for everyone. Dietary supplements are also generally not funded unless
they are prescribed or recommended as part of managing a disability-related need.
For example, if a healthcare professional determines that your disability requires speciﬁc
supplements, these may be considered under certain circumstances, provided they meet the
NDIS funding criteria.
How are decisions about meal preparation supports made, and what
evidence is needed? (New)
Decisions about funding for meal preparation supports are based on your individual plan and
the NDIS funding criteria. If included in your plan, this may be as a stated or non-stated support.
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Providers must issue itemised invoices for meal preparation and delivery claims. While a quote
is not usually required, if additional funding is sought or the arrangement extends beyond a
short-term period, evidence such as a recommendation or plan change request may be
needed.
Are household items recommended by a qualiﬁed speech pathologist
or APD on the Replacement supports list? (New)
Standard commercially available household items are included on the Replacement support
lists. Household items that are required, recommended by a qualiﬁed speech pathologist or
dietician, such as a blender to prepare a participant’s special diet would be considered a
replacement item.
If a participant wishes to have these supports included in their plan they would need to apply
using the Replacement support application process.
Are parenting programs funded by the NDIS? (New)
The NDIS funds reasonable and necessary supports to help children with disability or signiﬁcant
developmental delay work towards their goals.
We can only fund supports that are included in the list of Supports that are NDIS supports. We
can’t fund things are that are not an NDIS support.
The new rules clarify that the NDIS does not fund general parenting programs.
By general parenting programs, we mean programs available to all parents that help build
parenting skills. This approach aligns with the guidance in place before the new legislation took
effect on 3 October 2024.
What early intervention or developmental delay supports are available
to children and their parents? (New)
Early intervention supports for children with disability or developmental delay focus on helping
children, families, and carers work towards speciﬁc goals that are identiﬁed in their NDIS plan.
Early intervention supports also build the family’s capacity alongside the child's. Parents and
carers may participate in one-on-one, or group sessions with other parents and carers who have
similar goals within their child’s NDIS plan.
These programs are designed to build their capacity to maximise their child’s independence and
development, by building the capacity and skills of the child’s family and carers.
Parenting support can also be provided to people with disability who are parents through their
NDIS plan. Where an NDIS participant who is a parent has arrangements in their NDIS plan to
support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need. We will continue to update our guidelines as we
implement legislative changes.
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Are art and music therapy NDIS supports? (New)
Yes, art and music therapy are NDIS supports.
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
What is the purpose of the Independent Review? (New)
The NDIA is commissioning an Independent Review of appropriate NDIS pricing for music and
art supports, based on available evidence.
The Independent Review will assess:
•  The review of evidence of effectiveness of art and music therapy for people with
disability
•  Qualiﬁcations and registration of music and art practitioners
•  Pricing of art and music support
The Independent Review wil  also seek from music and art therapy associations any additional
peer-reviewed evidence that the supports are effective and beneﬁcial as a disability-related
support for most participants and are current good practice.
The Independent Review’s role and responsibility is to provide expert opinion on appropriate
pricing for music and art therapy, based on existing evidence as to whether the music and art
therapy wil  be, or is likely to be, effective and beneﬁcial for participants, having regard to
current good practice.
How will the Independent Review impact current participants and
providers? (New)
Participants and providers can continue with their current arrangements. Evidence based
therapy currently al ows providers to charge up to $193.99 per hour.
The Independent Review will deliver its ﬁndings in March 2025. There will be no changes to the
status of art and music as therapeutic supports, or the price for art and music therapy until the
Review has delivered its advice.
Why is the NDIA updating the guidance for music and art therapy?
(New)
The Agency has an obligation under the NDIS Act to ensure a support wil  be effective and
beneﬁcial for a participant and is current good practice.
This requires the Agency to consider the available evidence of the effectiveness of the support.
For evidence-based therapy to be funded through the Scheme, there needs to be evidence that
the therapy helps participants improve or maintain their functional capacity in areas such as
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language and communication, personal care, mobility and movement, interpersonal
interactions, functioning, and community living.
Evidence based therapeutic supports can only be delivered by an allied health professional.
The Agency has deferred the release of the operational guidance clarifying decision making on
therapy supports. Guidance wil  be updated in 2025 fol owing the Independent Review.
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
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What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.
General
What will change on 3 October?
For existing participants, key changes include:
•  The introduction of a deﬁnition of NDIS supports. These are:
o  supports that can be funded by the NDIS and stated by the NDIS rules to be
NDIS supports.
•  A replacement rule enabling participants to request a substitute or replacement support
that is not an NDIS support (in individual circumstances).
•  Plans approved after the law comes into effect wil  have:
o  total funding amounts
o  funding component amounts
o  funding periods.
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•  This clariﬁes the amount of funds available in the plan and how long the funds need to
last.
•  The NDIA can consider changing a plan management type in speciﬁc circumstances;
o  For example, where someone needs support to manage and spend their plan
funds within the funding amount.
Other changes will happen when new NDIS Rules are made. This includes:
•  the creation of new participant pathways
•  the new planning framework
•  support needs assessment
•  budget model and ﬂexible budgets.
What won't be changing on October 3?
We want to reassure participants that for most, there won’t be major changes to the way they
experience the NDIS right now.
What is not changing is the purpose of the NDIS.
The NDIS will continue to provide participants with disability-related supports.

What is the purpose of the new legislation?
The new legislation aims to:
•  Create the scaffolding needed to progress key NDIS Review recommendations in
partnership with people with disability and the disability community.
•  Clarify the intention of existing legislation to improve the delivery of the Scheme now,
reinforcing the original intent of the Scheme.
How will the new legislation affect NDIS participants?
Participants may see changes in:
•  how their eligibility is assessed
•  the supports that can be funded by the NDIS
•  how their plans are managed
•  how their funding is al ocated and needs to be spent
•  requirements for information gathering for eligibility reassessment.
What are NDIS Rules?
The NDIS Rules sit under the NDIS Act and provide details about how the NDIS operates.
States and territories are involved in the approval process for NDIS Rules.
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Legislative instruments may be made by the Minister for the NDIS after consulting with affected
stakeholders.
Many of the changes to the NDIS will be implemented through new NDIS Rules.
The new NDIS Rules will outline how people can access the NDIS, what assessments are
needed, and how budgets wil  work.
Rules will be developed with people with disability, their families and carers and the disability
sector.
What is a transitional rule?
A transitional rule is a rule that the Minister for the NDIS can make within the ﬁrst 12 months of
the legislation being passed, ahead of ﬁnal rules being agreed with states and territories.

When will the changes take effect?
The new NDIS laws come into effect on 3 October 2024.
Some changes wil  happen as soon as the laws come into effect. These changes are about
returning the NDIS to its original intent.
Other changes will happen later, when new NDIS Rules are made. This includes the creation of
new participant pathways and the new planning framework – support needs assessment,
budget model and ﬂexible budget.

Will there be consultation on these changes?
The changes were subject to consultation and consideration by the disability community,
disability representative and carer organisations, the NDIS Independent Advisory Council,
states and territories and the Community Affairs Legislation Committee.
There will continue to be opportunities for consultation to shape how these changes are
implemented. Those directly impacted by key decisions about the Scheme will continue to play
a key role in developing the detail and in implementing the reforms.
What is the new planning framework?
The new planning framework guides how the NDIS wil  operate. It explains how people can
access the NDIS, how their needs are assessed, and how ﬂexible budgets are created.
Because of changes to the legislation, plans wil  be built differently in future. This means there
will be 2 kinds of NDIS plans.
If your plan was developed through the current planning approach, this will be cal ed an old
framework plan.
If your plan is developed using the new assessment model, this wil  be a new framework plan.
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English is not my ﬁrst language. Will there be translated information
about the NDIS legislation?
The NDIA is committed to ensuring all communications on legislative changes are accessible to
everyone.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
The NDIA is working with the wider community to test and produce materials in a range of
accessible formats including:
•  Easy Read
•  Auslan
•  Braille.
Transition, future changes and co-design
What speciﬁc steps is the NDIA taking to ensure a smooth transition?
We are ful y committed to ensuring we reach every person – including those who may live in
more rural and remote areas or have unique accessibility or language needs.
The NDIA has begun an extensive communications campaign designed to ensure our more than
660,000 participants, as wel  as their supporters, know what they need to about changes to the
NDIS Act.
The NDIA will continue to be clear on what is changing and when, so participants and their
supporters can be assured that future changes wil  be supported with transparency and
communication.

How will the NDIA work with the disability community to ensure that
the needs and concerns of participants are addressed throughout the
implementation of these changes?
It is essential people with disability continue to have a voice in how the detailed design is done
and how the changes are implemented.
The NDIA has been delivering reform in partnership with people with disability and the disability
community over the past 2 years.
This includes key partnerships with the Disability Representative and Carer Organisations and
the Independent Advisory Council.
Throughout July and August this year, the Agency’s Co-design Branch delivered 56 activities,
including consultation on the legislative changes to come into effect on 3 October 2024.
We have learnt a lot from these activities and continue to improve the way we work together
with the disability community.
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In June 2024, the NDIA and disability organisations from across Australia shared a commitment
to work together on reforms to the Scheme.
Working in partnership with the disability community remains the cornerstone of implementing
change as we move forward.
Changes will be supported with transparency and communication.
What if there is a case for a support to get on the list? What do we do?
A NDIS Evidence Advisory Committee (EAC) will be established to provide independent and
transparent advice to Government on what works for participants.
The Committee will provide advice on the evidence base for therapeutic supports accessed
through the NDIS, improving outcomes and ensuring better value for participants.
This wil  ensure the supports funded under the Scheme are beneﬁcial, safe, evidence based
and cost effective.
The work of the Committee wil  be an important input into the development of the ﬁnal NDIS
Support Rule which will be developed with the disability community and States and Territories.
What will be co-designed going forward?
New co-design working groups have started meeting and wil  be steering a range of co-design
and engagement activities including future changes to the NDIS as a result of legislative change.
Key measures such as support needs assessments and budget models wil  be subject to
ongoing co-design.
We will keep looking for new ways for people to have a voice and shape the work we do together.
NDIS supports (s10)
What is and is not a NDIS support?
From October 3 2024, the Government has released the lists of what NDIS participants can and
cannot spend their funding on.
The lists include items that are NDIS supports and items that are not NDIS supports.
Participants who need speciﬁc items for their disability wil  stil  be able to access those items
through these lists.
These lists are based on existing guidance, so in most cases there is unlikely to be any change to
the supports a person is currently using.
There wil  be a transition period for the ﬁrst year of the new NDIS supports lists to give
participants time to learn and understand.
If you’re unsure, there are a few things you can do:
•  read the NDIS Supports list on the Our Guidelines website.
•  we'll also be sending a link to all participants
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•  speak to your Local Area Coordinator, Early Childhood Partner or Support Coordinator
•  if you’re still unsure, cal  us on 1800 800 110.
How long will I get to change my supports after the legislation change?
From 3 October 2024 you must use your funding to purchase services, items and equipment
that can be funded by the NDIS.
We wil  work with you to help you understand the new rules and access supports that are NDIS
supports.
What if I am delivering supports/ accessing supports that are now on
the non NDIS support list?
The Government has released deﬁnitions of NDIS supports making it clear what NDIS funds can
and cannot be used for. These deﬁnitions are based on existing guidance.
Lists of speciﬁc items that are allowable NDIS supports and those that are not allowed are on
the NDIS website.
If a support is included on the list showing what is not an  NDIS Support - it is not allowed to be
funded from NDIS plans from 3 October 2024.
There is a transitional rule allowing participants to continue to access supports that are not
NDIS supports if they were speciﬁcally identiﬁed as reasonable and necessary before 3 October
2024, for the duration of their existing plan.
This also includes situations where the Administrative Appeals Tribunal has decided that the
support should be funded as a reasonable and necessary support.
This rule does not apply to sexual services, alcohol or drugs. These supports are speciﬁed in the
primary Act as non-NDIS supports.
NDIS participants will continue to receive the disability-related supports they need. However,
the NDIS was not designed to pay for the cost of everyday expenses.
Find more information on the supports lists .
How can I provide feedback or raise concerns about the changes to my
support?
You can contact your local area coordinator, early childhood partner or support coordinator.
You can also contact us.
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It is likely that many participants will accidental y or unknowingly use
their funding on something not classiﬁed as an NDIS support. What
will happen to them, will there be a transition period to help people to
adjust to the changes?
We know it wil  take time for people to learn about and understand the new NDIS support lists
and we’ve heard participants’ concerns about what may happen if someone accidentally buys
something which is not an NDIS support.
That’s why there wil  be a transition period for the ﬁrst year (12 months) to help people to
understand the new NDIS Supports lists.
We wil  work with participants who make mistakes to make sure that they understand the NDIS
supports lists.
What if I make a mistake and accidental y purchase a support that’s on
the ‘out’ list?
A person who makes a mistake and claims an item which is not an NDIS support wil  not have a
debt raised for ﬁrst or second mistakes made in claiming where the support is worth less than
$1,500.
This means the NDIA must contact participants twice to explain what is and is not an NDIS
support before any debt of less than $1,500 is raised against them.
This rule applies to all participants (including participants who self-manage their funding),
nominees and child -representative for a 12-month period commencing from 3 October 2024.
For NDIS providers, it applies for 30 days.
This does not apply if a participant purchases illegal items with funding from their plans.
If incorrect claims are repeated or fraudulent, we may take further action.
Firmer actions can include raising a debt or moving the participant onto an Agency-managed
plan.
What happens with purchases over $1500?
In the situation where the cost is above $1500 the transitional rule does not apply, and a debt
will be raised.
However, it is important to note that any debts related to purchases for $1,500 or more for non-
NDIS supports can be written off or waived under the existing provisions of the NDIS Act.
This includes waiver under section 195, which has been updated to allow a debt to be waived in
‘special circumstances’ if the participant unintentionally or unknowingly breaches the Act,
regulations, or rules.
It also allows consideration of the participant’s disability as part of a holistic assessment of
whether special circumstances exist.
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If a debt arises for payments made for non-NDIS supports, it will only be recovered when it is
appropriate to do so in line with the Commonwealth policy on debt recovery.
The NDIA wil  keep using a structured process for debt management, focusing on compliance
and audit activities on repeated or intentional non-compliance.
We’l  always consider the individual circumstances, with education and support being the ﬁrst
consideration, particularly during the transition period.
This isn’t about trying to catch people out – we know participants want to do the right thing.
NDIA ‘Safety Net’ for debt
The NDIA has put in place a process that means if the Agency was ever to pursue a debt against
a participant (in relation to section 10) – the NDIA CEO would need to sign off this decision ﬁrst.
This safety net is in place to ensure that raising any debt (in relation to section 10) against a
participant would be an absolute last resort and such a decision would never be automated,
rather it would not proceed without thoughtful consideration at the most senior level of the
Agency.
Purchases or provision of supports prior to 3 October 2024
Please note that the new requirement to spend NDIS amounts only on NDIS supports does not
apply to any support with a service or purchase date before 3 October.
If people have made a purchase or booking for an item that is not an NDIS support before this
date, they can make a claim for any cancel ation fee.
This does not apply if a participant purchases illegal items with funding from their plans.
What if evidence from my treating professional states I need a support
on the 'out' list?
If you think an item that isn’t a NDIS support is better for you, you can ask to substitute that
support.
Only some supports can be replaced.
You can only spend your funding on a substitution if we have agreed in writing that you can buy
this support.
There are a few criteria that must be met before we can approve this.
The Rules say which types of supports can be replaced.
The substituted support must also:
•  replace one or more supports that are NDIS supports
•  be the same price or cheaper than the NDIS support it is replacing, and
•  be likely to provide the same or better outcomes than the NDIS supports it is replacing.
You can view the NDIS supports on Our Guidelines website.
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It cannot be done after purchasing a non-NDIS support.
Participants can ﬁl  out an application for a replacement support on the NDIS website or provide
the same information in an email or over the phone.
If your application for a replacement support for an item is not approved, you can’t apply for that
same replacement support again for 12 months.
Replacement support example
The NDIS is not designed to fund items such as an iPad or Apple watch.
However, should a participant know that they are able to communicate with their loved ones or
a worker by using an iPad – rather than a specialist and more costly piece of equipment – then
they can request the Agency to fund this.
The NDIA wil  then consider this request and may wel  say ‘Yes, absolutely that makes sense –
so we will fund that on this occasion’.
That’s a really clear example of replacing a more expensive item with a better, more cost-
effective solution.
This just makes sense.
It’s important to note the list of replacement supports won’t apply for every participant.
The funding of a replacement support wil  only beneﬁt some participants, who due to their
unique circumstances, are clearly able to demonstrate that a speciﬁc item or support, wil
beneﬁt them and provide a better, more cost-effective option.
Is there someone I can ask at the NDIA to check that I am doing the
right thing?
You can contact your local area coordinator, early childhood partner or support coordinator to
help you understand what supports you can buy.
You can also contact us.
How will the NDIA ensure this process is easy and accessible?
We are committed to ensuring that all communications about the Government changes are
accessible to everyone.
That's why we are working with the sector and our suppliers to test and produce materials in a
range of accessible formats, including Easy Read documents, animations/videos and Auslan.
An important part of our website accessibility is that content can be easily accessed, including
for those using screen readers.
We are working with the sector to develop and test messaging and agile approaches to
producing accessible content.
Key information will be translated into 17 languages, including Auslan, to reach as many people
as possible.
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Why is the change to Section 10 of the NDIS Act 2013 necessary?
We have heard consistently, particularly from participants self-managing their supports, that it
is not clear what they can spend their funding on.
Making it clear what the NDIS does, and does not, fund wil  help participants make more
informed choices about what they can use their funds for.
The proposed amendments to Section 10 of the NDIS Act enable the creation of new rules
(Category A) that outline what is and is not an NDIS support.
It's going to take some time to make a Category A rule. We'l  work closely with the disability
community and state and territory governments to understand what should and shouldn’t be
included.
In the interim, the Minister may create a transitional NDIS Supports rule. This wil  be in place as
soon as the instrument is created and wil  have effect until the new Category A NDIS supports
rule is agreed.
Is Short Term Accommodation (STA) an NDIS support?
Yes, short term accommodation (STA) is included in the 'supports that are NDIS supports' list.
How does STA work?
STA is designed to help informal supports continue their caring role. It is one option that
provides participants and their informal supports time apart.
STA allows participants to stay away from their homes and informal supports for a short time. It
can be funded for up to 14 days at a time to a maximum of 28 days per calendar year.
STA funding can be used for assistance with self-care or community access and short-term
accommodation. It cannot be used to pay for day-to-day living costs such as food and
groceries, lifestyle costs or travel.
STA cannot be used to pay for items on the list of non-NDIS supports.
Providers offering STA in a centre or group residence may include meals and activities within the
daily rate charged – in line with the NDIS Pricing Arrangements and Price Limits – however these
cannot be included if the participant choses to use STA in an individual setting.
We know there are stil  some questions about what can be claimed under STA, particularly if you
want to use a hotel or other accommodation options. A new operational guideline about STA wil
be available in early 2025 with more information.
How is STA funded?
STA is funded in a participant's core budget if it relates to their disability support needs, and
where it is reasonable and necessary.
It does not need to be stated in a participant's plan.
Participants can access STA as part of the 'assistance with daily life tasks in a group or shared
living arrangement' category on the NDIS supports list.
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What are the impacts on individualised living options (ILO) in relation
to rent and rental subsidies?
An ILO arrangement should be delivered in line with the ILO guideline . ILO is a package of
supports to help a participant live in their chosen home environment in a way that best suits
them. It does not fund the home itself.
An ILO includes an agreed ILO service proposal and is overseen by a provider. An ILO does not
include a participant’s rent or mortgage payments, or everyday costs like food, electricity or
internet bills.
If participants are living with people who offer them support throughout their day or week, and
who have ILO funding in their plan and an ILO arrangement in place, the changes to Section 10
in the Amended NDIS Act (NDIS supports) will not impact payments for these supports. The
supports provided must be in line with the participant’s ILO service proposal and the ILO
Operational Guidelines and Section 10 requirements for NDIS supports .
The new NDIS transitional rules covering these supports align with existing ILO policy. They aim
to ensure participants are not using their NDIS funding to pay for their rental costs and are using
their NDIS funding to purchase NDIS supports under an agreed ILO arrangement.
Participants, their families and supporters interested in considering ILO arrangements should
contact the NDIS or a local area coordinator for more information.
A new policy on ILO will be developed through co-design and released mid 2025.
Is animal therapy an NDIS support?
Animal-assisted therapy can be an NDIS support -
therapeutic support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may
use an animal to play a role in a goal-directed, structured intervention which will assist the
therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be
used as a tool in a therapy session.
For example, a psychologist or counsel or may use an animal in therapy sessions to assist a
participant to calm, focus or regulate whilst the counsel ing/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to
participate in an activity such as walking, standing, balancing etc. In these interventions, the
animal may be used by the therapist to help the client meet speciﬁc goals but the therapy is
delivered to the participant by the allied health professional, with the animal used to support
participation.
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Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as
engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the
service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
These activities are not animal-assisted therapeutic interventions and are not NDIS Supports,
even if the provider of the service is an allied health professional.
What about supports to participate in social and recreational
opportunities that include animals?
The NDIA and NDIS acknowledges that NDIS participants may engage in programs that include
animals to provide sporting, social and recreational opportunities for people with disabilities,
and capacity building support.
This may include for example, participation in horse riding.
If NDIS participants need extra help to participate in horse riding activities because of their
disability, the extra help can be funded in their plan.
This extra help could be a support worker or assistive products that help the participant engage
in the activity when it is happening.
Participants might also use their therapy supports budget to work with a therapist to build their
skills to do the sporting, social or recreational activity more independently in the future.
NDIS participants wil stil need to pay for the general costs of their sporting, social or
recreational activities as these are costs that everyone must pay for these kinds of activities.
For example, everyone who wants an activity delivered to them has to pay for that activity
themselves whether or not they have a disability.
This is the same whether the activity includes an animal or not. Participants cannot use their
NDIS funding to pay for the costs of other sporting, recreational or social activities like surﬁng
lessons, basketball, art classes or gaming.
The bans on therapy supports like 'gaming therapy' or 'yoga therapy',
does that include social group programs which include these
strategies?
Noting also that most therapists utilise some type of games in therapy sessions as standard
practice, as part of building various skil s.
Supports that provide evidence-based therapy to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence based therapeutic supports can only
be delivered by an allied health professional.
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Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which will assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
What about if my activity is delivered through a disability-speciﬁc
group or centre-based program?
If your activity is being delivered through a group and centre-based program and the costs of the
activity and the support you need are ful y covered by the hourly rate charged by the provider in
line with the NDIS Pricing Arrangements, you can purchase your group and centre-based
program using your NDIS funds.
If your group and centre-based program does not cover the costs of an activity within the hourly
rate they charge to support you in that activity then you wil need to pay for the cost of the
activity yourself.
For example, if your group and centre-based program goes bowling and the cost of bowling is
not covered by the approved hourly rate then you need to pay for these costs yourself.
Is Lego therapy included on the out list? Do delegates have clarity
about therapy supports and which supports are al owed?
Supports that provide evidence-based therapy, to help participants improve or maintain their
functional capacity in areas such as language and communication, personal care, mobility and
movement, interpersonal interactions, functioning (including psychosocial functioning) and
community living are included as NDIS supports. Evidence-based therapeutic supports can
only be delivered by an allied health professional or appropriately qualiﬁed professional.
Evidence based therapists may use a variety of tools to play a role in a goal-directed, structured
intervention which will assist the therapist and the participant to engage in therapy. This may
include board games, online games, Lego or an animal. The therapy is delivered to the
participant by the allied health professional and the tool is used to support participation.
Activities that are delivered without a best quality evidence-base and/or by people who are not
appropriately qualiﬁed to develop and deliver therapy are not funded as therapeutic supports.
You can ﬁnd more information about alternative and complementary therapies that are not
evidence-based at What does NDIS fund?
Training on all legislative changes is being delivered to all delegates. Guidance for delegates has
also been updated across NDIA systems.
Can NDIS funding be used to purchase pet insurance for assistance
animals?
NDIS funding can be used to buy an assistance animal and pay for most of its associated costs
when approved by the NDIA.

However, funding cannot be used to pay for pet insurance for an assistance animal. More
information about assistance animals is available in Our Guideline – Assistance animals .
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NDIS funding can’t be used to buy pets or companion animals, or to pay for any pet or
companion animal related costs including:
•  Pet food, toys or accessories
•  Veterinarian costs
•  Pet boarding
•  Pet grooming
•  Pet insurance
•  Taxidermy and pet cremations, burials or funerals.
Is specialised driver training an NDIS support?
The NDIS supports list describes that driver training with a specialised vehicle driving instructor
can be funded for eligible participants.

A specialised vehicle driving instructor is someone who has experience and training in providing
driving instruction to people with disability and is registered or licensed to be a driving instructor
in the relevant State or Territory.

The information available in current operational guidance remains applicable.
Our Guideline – Vehicle modiﬁcations and driving supports describes the range of driver
supports that may be funded:
•  A driver trained occupational therapist assessment and a driving instructor for the on-
road part of the assessment, if a participant plans to drive the vehicle.
•  Specialised driving lessons - additional driving lessons where a participant’s disability
impacts their ability to learn to drive.
Are disability speciﬁc bicycles, including electric bicycles, considered
an NDIS support?
Yes. Bicycles or tricycles, with or without an electric motor, that include disability speciﬁc
features, or have been designed to meet the disability speciﬁc needs of a participant, are an
NDIS support.
This is because they are considered an assistive product for recreation and can be funded if
they also meet the ‘reasonable and necessary’ criteria applied to all NDIS supports.
The costs associated with adapting or modifying a standard bicycle or tricycle to meet a
participant’s disability speciﬁc needs may also be an NDIS support. However, in these
circumstances the participant, or their family, would need to self-fund the cost of the bicycle or
tricycle that is being adapted or modiﬁed.
Standard, non-modiﬁed, bicycles or tricycles including electric bicycles are not NDIS supports.
In some speciﬁc circumstances, the NDIS may fund supports that are not listed as NDIS
supports. These are called replacement supports. Electric bicycles are not considered standard
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commercially available household items and therefore are not a support for which a
replacement can be requested.
Are sexual services an NDIS support?
Under the laws of the NDIS sexual services can’t be funded.
Sexual services is not deﬁned in the legislation but is given its ordinary meaning by the NDIA.
Sexual services are taken to include any sexual conduct undertaken with a participant for
payment or reward, including direct physical activity between a participant and another person
for the purpose of sexual gratiﬁcation.
This includes all services that may be provided by a sex worker.
The NDIS will continue to provide reasonable and necessary funding to participants to access
the disability related supports and services they need.
This includes other sexuality related supports due to a participant’s disability, for example
adaptive equipment, sex counselling and individualised sexual education supports where
reasonable and necessary.
How does the al owable NDIS supports list work?
The list of allowable NDIS supports is not exhaustive, meaning it does not exclude items that are
not speciﬁcally listed.
The purpose of the list is to clarify the types of supports that fall under the overarching
description.
It is important for participants to know that for something to be considered an NDIS support, it
must ﬁt within the overarching description provided in schedule 1 (however it does not have to
be speciﬁcally listed) and of course, must not be included in the non-allowable NDIS supports
list.
The NDIS support list includes high intensity daily personal activities,
and states that supports must be provided by a worker with additional
qualiﬁcations and experience. What does this mean?
You should ensure that the people providing your high intensity daily personal activity supports
have relevant qualiﬁcations and/or training to deliver the support to you safely and
appropriately.
The NDIS Quality and Safeguards Commission provides guidance which describes the skills and
knowledge that NDIS providers and workers should ensure they have when supporting
participants receiving high intensity daily personal activities.
You can ﬁnd more information about this guidance on the NDIS Commission website .
Are modiﬁed ﬂuids and thickeners NDIS supports?
Modiﬁed ﬂuids and thickeners are NDIS supports.They are what we call disability-related health
supports .
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These include:
•  low-cost assistive technology – equipment, technology, or devices to assist with feeding
and swal owing needs
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
Are dietetics/dietitians NDIS supports?
The Supports that are NDIS supports list does not expressly mention any particular allied health
practitioners. As an evidence-based therapy, dietetics is covered under ‘Therapeutic supports ’.
The list of supports detailed under each category in the list of Supports that are NDIS supports
is not exhaustive.
The NDIS wil  fund dietetics where the participant needs this therapeutic support due to their
disability and it meets the reasonable and necessary test.
The NDIS Pricing Arrangements 2024-25 (PAPL) includes dietetics under the ‘Capacity Building –
Improved Health and Wellbeing’ category (pg. 81-82).
The PAPL is currently being reviewed and will be updated to be consistent with current practice.
Would food processors and aerators be considered exemptions to the
supports that are not NDIS supports list?
Based on the NDIS Transitional Rules 2024, food processers, including the purchase of
prepared aerated drink/beverage or household item to aerate water, such as a soda stream, are
not NDIS supports.
These are classed as a day-to-day living costs.
What are dysphagia supports? (New)
Dysphagia supports are what we call disability-related health supports. Generally, if a
participant has dysphagia which is ongoing and directly related to their disability, we can fund
dysphagia supports for them. We will need evidence to support this, such as reports or
assessments from a speech pathologist.
Dysphagia supports we may fund include:
•  low-cost assistive technology – this means equipment, technology, or devices to help
you eat and drink
•  modiﬁed foods including liquid thickener products
•  help to prepare speciﬁc foods which you can safely eat
•  a support worker to help you eat or drink safely if you can’t do this yourself because of
your disability.
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support them in their parenting role because of their disability, those arrangements do not
change.
Our Early Childhood Approach and Early Connections OGs outline how we help children with
disability to get the support they need.  We will continue to update our guidelines as we
implement legislative changes.
Budget amounts, components, periods (s33)
When does this apply?
NDIS plans approved after 3 October 2024 will specify a total budget amount for all supports
across the length of the plan.
This wil  not affect current plans. The change will be applied to new plans on approval.
What are funding periods?
Currently participants can access all the funding in their plan at any time.
This can make it hard for participants to budget and can also make them vulnerable.
In the future, for participants with stable support needs, the introduction of funding periods
al ows for the creation of longer-term plans, for instance 2, 3 or 5 years.
For now, al  new plans created after 3 October 2024 will have a funding period of 12 months.
Funding periods deﬁne how often a participant can access a portion of their total budget
amount or funding component amounts.
This helps avoid plan inﬂation and manage risk.
Unspent funds will rol -over between funding periods within the same plan.
This approach ensures that support is available as needed over time.
This will make it easier for participants to spend in accordance with their plan.
Participants will know how much funds they have, what amount for what component and how
long the funds need to last.
What is total budget amount?
Plans wil  include a total budget amount showing the total cost of all supports across the length
of the plan.
There will be tools available for participants to help manage their budgets.
When the law ﬁrst comes into effect on 3 October 2024, all funding periods wil  be 12 months.
From early 2025, shorter funding periods wil  be available for those who need them.
This will make it easier for participants to spend in accordance with their plan.
They will know how much funds they have, and how long the funds need to last.
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Can unused funding be rolled over to the next funding period?
Any unused funding will rol -over between funding periods within a plan.
Unused funding will not rol -over into new plans.
Can funding from a future funding period be brought forward?
Future funding periods cannot be brought forward.
If you are running out of funding due to a change in your circumstances, you can contact the
NDIS to request a review of your plan.
Who decides what the funding period will be?
Funding periods will be discussed with participants during the planning process.
They will be determined by a range of factors including:
•  personal preference
•  frequency and type of supports
•  potential risks.
The NDIA  will consider funding periods with participants when deciding how their plans funds
are managed.
Can participants request a review of a decision about the funding
periods and total budget amounts in their plan?
If a participant is not happy with the funding periods and total budget amounts in their plan,
they can request an internal review of their plan.
Why is capacity building not ﬂexible with core?
The legislation and legislative instrument state only a small number of things are stated
supports. So everything else should be ﬂexible?
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
How will people who are Agency-managed have the same level of
support and choice?
How can participants make sure funding components are being utilised as ﬂexibly as possible,
especially when we don't have clarity around supported decision-making approaches?
Generally speaking, funding components wil  act the same as budgets and support categories
now, so participants shouldn’t experience any changes to how ﬂexible their plans are.
There are no changes regarding access to registered or unregistered providers as a result of the
legislation changes.
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We will help participants and nominees understand these changes and implement their plans.
Participants can continue to access plan implementation support from their My NDIS Contact
or, support coordinator, plan manager or other services such as recovery coaches if they are
funded in their plan. Plan managers and support coordinators are expected to provide
assistance to the participant to understand their funding options and choices.
If the participant needs additional assistance because of their supported decision making
needs, they can ask for capacity building funding in their plan.
If participants want to access more ﬂexibility with the ability to choose unregistered providers,
they can have a discussion about their plan management type with their planner or local area
coordinator.
Each plan can continue to have a mix of plan management types based on an individual
participant’s needs and preferences.
Training for NDIA staff on supported decision making has been designed and will begin to be
delivered from November 2024. This will assist planners to prioritise supported decision making
when having discussions with participants.
Can a participant negotiate to 'unstate' a support during planning?
The purpose of stating supports in a participant’s plan is to ensure speciﬁc disability needs are
addressed.
It is therefore not something that would generally be changed in the planning process.
Is there going to be enough ﬂexibility in these arrangements to enable
plans to work for people with volatile needs?
It may be about making a best guess with initial funding or a quick turnaround on change
requests, but standard approaches for all participants may not apply for this group.
The way plans are built and funding al ocated across core, capacity building and capital budgets
is not changing until the new planning framework commences. This includes no changes to
ﬂexibility within and across these budgets.
Participants wil  continue to be able to make change requests when their circumstances
change. This includes requesting a variation for crisis or emergency funding as a result of a
signiﬁcant change to the participant's support needs.
As well as there being s10 rules around al owable supports in place,
will there be any restrictions on choice of registered providers for
home and living supports?
The NDIS Provider and Worker Registration Taskforce recently provided advice to the
Government on the design and implementation of a new regulatory model.
The Taskforce made 11 recommendations and 10 implementation actions covering provider and
worker registration, some of which required an immediate response and others that wil  be
designed with close consultation with the disability community. The Taskforce conducted
thorough consultation, and this important process wil  continue.
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The NDIS Quality and Safeguards Commission will progress Rule changes to mandate
registration for support coordination, platform providers and SIL. Consultation on these
changes will commence shortly. The new Rules will al ow for a period of transition to the new
mandatory registration arrangements.
Currently, if a participant’s plan is Agency-managed, there are some constraints in place,
including that they must purchase from registered NDIS providers only.
Under the SDA Rules, SDA providers must also be registered.
Why do supports need to be listed in separate components?
Where is the legislative barrier against combining funding across components?
If it can be done using four categories under core components, then why can’t this be applied
with other categories?
A funding component amount in a plan might include funding for more than one support
category. This means a participant can choose how to spend their funding across al  the
supports under that funding component amount.
For example, in the same funding component amount we can include any funding for:
•  transport
•  consumables
•  assistance with daily life
•  assistance with social, economic and community participation.
Eligibility reassessments (s30)
What are the new timeframes to provide additional information and
when does this change commence?
We have extended the timeframe for participants to provide additional information to support
eligibility reassessments from 28 to 90 days.
This came into effect on 30 January 2025.
Participants who are notiﬁed about an eligibility reassessment wil  now be given 90 days to
provide information to help us understand if their support needs have changed and whether
they stil  meet the eligibility criteria for the Scheme.
We understand these requests can feel overwhelming and takes time to get information.
Participants wil  now have more time to get information to us.
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Will the timeframe extension apply if I am currently undergoing an
eligibility reassessment on 30 January 2025?
Yes, participants who have already received a request to provide information due to their
eligibility being reassessed and need more time, can contact us or their my NDIS Contact for
help.
What is the purpose of an eligibility reassessment?
Eligibility reassessments help us understand if a participant’s support needs have changed and
whether they stil  meet the eligibility criteria for the Scheme, particularly if they have received
early intervention support through the NDIS Early Intervention pathway.
The NDIS Early Intervention pathway is mainly accessed by children in recognition that when we
support children early, it can improve outcomes and reduce their need for supports later in life.
While eligibility reassessments have always been a part of the NDIS, we acknowledge the
experience may be new for some participants.
We understand these requests can feel overwhelming and takes time to get information.
Participants wil  now have more time to get information to us.
How does the eligibility reassessment process work?
We send a letter to a participant (or nominee) to let them know about the eligibility
reassessment and that they can provide additional information.
We understand that it can take time to get this information. That’s why we have extended the
timeframe for participants to provide additional documentation to support eligibility
reassessments from 28 to 90 days. If the information isn’t available in 90 days, the participant
(or nominee) can ask for more time.
If we decide someone isn’t eligible or they don’t respond to our request within the timeframe,
we may cease their access to the NDIS. But we wil  make multiple efforts to contact you so we
can talk to you about support needs.
Why is this changing?
We understand these requests can feel overwhelming and it takes time to get information.
Participants will now have more time to get information to us. We recognise there is work to be
done with participants and the disability sector to improve the eligibility reassessment process.
We are working to strengthen our approach through:
•  better communication with participants and families about what is involved during an
eligibility reassessment
•  providing more time for people to supply the agency with relevant information about
their evidence of eligibility and whether it has changed
•  improving the communication and resources participants receive when they undergo
the reassessment process.
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Foundational Supports
Do the legislative amendments address foundational supports?
The amendments don't directly address foundational supports, the focus is on strengthening
the overal  framework of the NDIS.
This includes ensuring that necessary supports are available to participants, which may involve
foundational supports being addressed indirectly as part of the broader reforms and
improvements to the Scheme.
Access (s21)
What are the changes to access?
New participants wil  be informed if they meet access to the NDIS by meeting the:
•  disability requirements (s.24)
•  early intervention requirements (s.25)
•  both the disability and early intervention requirements.
In the future, participants wil  be supported by the appropriate participant pathway, depending
on how they meet access.
What will the changes to access mean for participants?
In the future, participants wil  be supported to have a more tailored planning experience and
funding outcomes, depending on how they accessed the NDIS.
The impact of this change wil  happen later, once new pathways are created.
It wil  take time to create the new pathways, as we wil  work together with people with disability
on how these can be best implemented to ensure the needs of participants and the Agency are
met.
How do the changes impact early intervention?
People who meet access to the NDIS under the early intervention requirements wil  be
supported by the new early intervention pathway once it’s created.
Notice of impairments (s32BA)
What is a Notice of Impairments? (New)
Currently, all new participants to the NDIS receive an access decision letter which says if
access was met under the disability requirements, the early intervention requirements, or both.
From 1 January 2025, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
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The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
There are 6 impairment categories listed in the NDIS Act.
These are:
•  intel ectual
•  cognitive
•  sensory
•  neurological
•  physical
•  impairments relating to a psychosocial disability.
The categories and their deﬁnitions are outlined in the operational guideline – Applying to the
NDIS document available on the NDIS website.
For children younger than 6 years old who meet the criteria for developmental delay, the
information will say they are eligible under the early intervention requirements with
developmental delay.
Why is the NDIS introducing Notice of Impairments? (New)
Providing this information to participants gives them clearer information about how they meet
the disability or early intervention requirements.
It responds to NDIS Review recommendations, and requests from participants to have more
clarity and transparency about the basis of their access to the NDIS.
This approach also recognises that people with disability who have the same diagnosis may
have different impairments and support needs.
What does it mean for me as a new participant (application submitted
on or after 1 January 2025)? (New)
Currently, all new participants receive an access decision letter, which says if access was met
under the disability requirements, the early intervention requirements, or both.
From 1 January, new participants wil  receive clearer information about how they meet the
disability or early intervention requirements. This will include their category of impairment.
The change was recommended by the NDIS Review, and requests from participants for more
clarity and transparency about the basis of their access.
What does it mean for me as an existing participant? (New)
As an existing participant, there is nothing you need to do right now.
We wil  work with existing participants to make sure they have the information they need ahead
of any changes.
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What happens if I want to change my category/categories? (New)
A participant, or their nominee, can apply to vary their impairment category at any time after
meeting access if it is not, or is no longer, correct.
The type of evidence that is required to support an application will depend on the reason the
participant is seeking to vary the information and the evidence that has already been provided.
If the NDIA varies the impairment category, this wil  be reﬂected in the participant’s information.
If a participant does not agree with the NDIA's decision to vary or not to vary their impairment
category, they can ask for a review of the decision.
Support needs assessment (s32L)
What is a support needs assessment?
The NDIS Review recommended a different approach to planning to deliver better and fairer
outcomes for NDIS participants.
This included the development of a new way to gather information about the support people
need to inform their NDIS Budget, called a support needs assessment.
A support needs assessment is a process that wil  be used to better understand a participant’s
support needs in the future and develop their budget.
It will include a strengths-based assessment that wil  focus on a participant’s support needs
rather than functional capacity.
Support needs assessments are a key step in the NDIS reform process to move toward a better
way of planning.
In February 2025, the NDIA released an approach to market for support need assessment tools
to support this process.
The NDIA understands the new ways of gathering information wil  signiﬁcantly change
participants’ experience and we wil  continue to talk with and listen to the disability community
every step of the way.
Read more about support needs assessment tools.
What’s changing now?
For most participants, they wil  continue to have their plans developed using the current
process for some time to come.
It wil  take 5 years for all participants to have their NDIS budgets developed in this new way. We
are taking 5 years to make sure the transition isn't rushed and we continue to learn and improve
as we go.
We will continue to talk with and listen to people with disability, their families, carers and
representatives as we progress through this year of design and testing, and as we transition to
the new way of working.
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We will also keep letting everyone know where we are up to in the design and testing, so that the
information is available to everyone.
What happens next?
February to April 2025
The ﬁrst step is to work with people with disability to understand the best ways to col ect
information about peoples' support needs, and how to use this to build a NDIS budget. People
with disability will be involved in choosing the best ways to col ect information. We already
know that people want us to make this as simple and easy as possible for people, so they don’t
need to keep sharing personal information or retel ing their story.
The second step is to agree how the NDIA will col ect information, how to talk with participants
about their NDIS budgets and how they can use it. This includes agreeing how participants can
provide information. We know there will be many areas we will need to work through with
participants to make sure the system is fair and equitable for people in different circumstances.
We are working with people with disability and disability representatives to design this and will
have a proposed approach to share in April 2025.
April to September 2025
The third step is to test the new approach to gathering information and setting a person's NDIS
budget to make sure it works wel  before we start using it. We wil  include testing the new way of
working with participants, without affecting their plans or budgets. We will keep listening and
making improvements to the process to reﬂect the feedback we receive.
From September 2025
We will gradually start working with participants to develop their NDIS budgets using the new
approach. We will do this gradually so we can keep testing and improving the way this works.
In this early stage, we will also build in additional checks to make sure the approach is working
wel , and that participants' NDIS budgets are fair and consistent.
We wil  start gradually to make sure the new approach works wel  for participants, and we wil
continue to learn and improve how to do this well - so we can make the transition a smooth
process for participants. We know these changes may create anxiety for people and we want to
make the process as clear and as simple as possible for people.
Plan management decisions (s44)
What does the NDIA consider when changing a plan management
decision?
When the NDIA decides how plan funds are managed, they wil  consider if the participant, their
nominee or child representative or registered plan manager:
•  spent funding on NDIS supports
•  spent funding in line with the participant’s plan
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•  presents an unreasonable risk to the participant by managing their funding.
If risks are identiﬁed, the NDIA may not support a participant’s request to self-manage or use a
registered plan manager.
What happens if a participant or their nominee have been convicted of
a criminal offence?
The NDIA wil  consider if the participant or their plan nominee have had any major criminal
convictions.
The participant’s funding will be Agency-managed if the participant or their nominee have been
convicted of an offence that:
•  carries at least 2 years of prison
•  involves fraud or dishonesty.
This will apply to all new and reassessed plans where a new plan approval decision is being
made.
Can a participant appeal a plan management decision implemented
by the NDIA?
Participants can appeal a plan management decision.
They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
If a participant’s plan management type is changed, is the participant
notiﬁed and given reasons why?
We know how important it is for participants to have the control, independence and ﬂexibility in
arranging and paying for their own supports through self-management.
The NDIA wil  talk to the participant about the risks and safeguards they have considered when
making a plan management decision.
Where possible, they wil  support the participant to work towards their preferred plan
management type in the future.
Right to appeal decisions
Will participants have the right to appeal agency decisions that they
are not happy with, for example changes to how their plan is managed
and the funding periods?
Participants can appeal a decision to approve a plan, which includes how the plan will be
managed. They can also appeal a decision relating to funding periods.
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They should follow the NDIA appeal process, which includes requesting a review and providing
any supporting information.
Can participants still review decisions made by the Agency?
NDIS participants have always and wil  continue to have the right to review their NDIS package
and level of supports.
These legislative changes passed by Parliament do not change that right.
Providers
Do claims need to be submitted within 2 years of support being
provided? Is there a grace period?
Claims and payments (s45)
In the future, all claims must be made within 2 years of providing the support.
For the ﬁrst 12 months the NDIA wil  honour all claims made for supports provided before the
new NDIS law comes into effect on 3 October 2024.
How can providers register for community participation?
Providers can register by visiting the NDIS Quality and Safeguards Commission website and
following the registration process.
More information
If you have more questions about the changes to the NDIS, you can go to the Department of
Social Services website .
Get involved
Join Participant First  for opportunities to get involved.
This page current as of 7 February 2025

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