NDIS Changes October 2024
The NDIS has changed! Here’s what it means for YOU
The changes to the NDIS Act start on Thursday 3rd October 2024. You can find a summary of the NDIS changes here.
What’s Changing
NDIS Supports
There are new rules for how NDIS funding can be used. We will only be able to use NDIS funding on ‘NDIS Supports’. There is now a list of NDIS Supports that are allowed, and a list of things that NDIS funding is not allowed to be spent on (banned). You can see the full lists here.
If you have a support listed in your current NDIS Plan which is on the banned list, you will be able to claim that support in your current plan. It needs to be listed in the Statement of Supports in your NDIS Plan to be allowed. If you were told by email or on the phone that you can use your funding for something which is now on the banned list, then you won’t be able to claim that support from the 3rd of October 2024.
Providers will have 30 days to understand and follow the new rules for NDIS Supports. Participants and Nominees will have 12 months from the 3rd of October 2024. NDIA will be explaining the changes to participants and nominees over the year ahead.
Replacements
You might be able to apply for a replacement if there is something on the banned list that you would like to buy with your NDIS funding. You can only apply for a replacement for:
- Standard commercially available household items (eg. robot vacuum, bedside bar fridge, dishwasher, Thermomix etc)
- A smart watch, tablet, smart phone or any app used for accessibility or communication
This means that if you want to buy any app (eg. Boardmaker, Dragon Dictation, ProloQuo2Go etc), you will need to apply to NDIA for a replacement. You can only apply for a replacement if you need the support:
- only because of your disability or disabilities registered with NDIS, and
- to increase your independence, and
- it will reduce the need for a support worker or disability specific technology.
To request a replacement, you can contact the National Contact Centre, your NDIS Planner, LAC or ECA Coordinator. They will help you with your application. NDIA will have a small team of specialist NDIS Planners who will make decisions about your application for a replacement. They should contact you to talk about it.
If the NDIA decide not to approve your request for a replacement, you won’t be able to appeal that decision. You can only apply for a replacement item once in 12 months or if your plan ends in less than 12 months (whichever is shorter).
Funding Periods
The maximum ‘funding period’ for NDIS Plans will be 12 months. Until the NDIS computer system, PACE is updated, new plans will all be 12 months long. When PACE is updated, you will be able to have a longer NDIS plan (eg. 2, 3 or 5 years), but the maximum amount of funding that will be available for claiming will be 12 months. This means that if you have a two year plan, only one year of funding will be available for the first year. Any unspent funds will remain available in the second year. This won’t apply to the Capital budget, because people might need to access all of the funding to buy the equipment they need. Later there may be shorter funding periods available too. When that happens, people might choose to have funding periods that last for 1 month, 3 months, or 6 months.
Debts
If you claim something from the banned list and that support is not written in your current plan or a replacement has been approved for it, the NDIA will raise a debt. The law requires them to do this. You can ask the NDIA to waive the debt, and if they say ‘No’, you can appeal that decision.
Over the next 12 month transition period (from 3rd October 2024) while everyone is learning the new rules, there will be a little more flexibility about debts. This is because the NDIA and the Government know that these are big changes for people to understand, and we might make mistakes. If you buy a legal support from the banned list that costs less than $1500, you will not be given a debt unless the NDIA have already contacted you twice to explain what is and is not an NDIS Support.
Participants will only be asked to pay back a debt if they have claimed something that costs more than $1500 or have already been warned by the NDIA twice before for buying supports from the banned list.
If you buy something from the banned list that costs more than $1500, you will be issued a debt.
During the transition period, the only person who can raise a debt against a participant or nominee is the CEO of the NDIA. They will carefully check the evidence before raising the debt. If a debt is raised against you, you can ask the NDIA to waive the debt. This means that you can ask them not to make you repay the debt. If the NDIA say ‘No’ to waiving the debt, you can appeal that decision.
Important Changes to What You Can Claim from NDIS Funding
There are some changes that are more likely to affect the autistic community. We want to make sure that you know about them.
Supports that are now banned in the NDIS Act:
- Sexual services,
- Alcohol and
- Drugs that are illegal throughout Australia or in a State or Territory.
We are still trying to find out if this includes counselling and education about sexuality, relationships, puberty and importantly, consent.
Supports that are now banned in the NDIS rules:
It’s important to check the full list of ‘Supports that are not NDIS Supports’ on the NDIS website. Below are some examples that you need to know about.
- Yoga therapy
- Animal therapy (eg. puppy therapy, goat therapy)
- Life coaches, wellness coaches, career coaches, cultural coaches
- Hypnotherapy
- Neurofeedback
- Gaming therapy
- Mastermind coaching including Apps and software
- Somatic therapy
- Kinesiology
The Department of Social Services has advised that social group programs which incorporate games like Dungeons and Dragons, Minecraft and other games are permitted. As the way that the list has been written can easily be misinterpreted, we would suggest making sure that the name and description of such group programs clearly describe what skills will be worked on and the purpose of the program, rather than prioritising the game (in the name or description).
We are also trying to confirm if equine (horse) therapy is also banned, but it appears to be the case.
Other Changes
Learning to drive
Specialised driver training is now a Stated Support. This means that you will need to have this support listed in your NDIS Plan to be able to claim it. To claim additional driving lessons (above the standard 10 lessons we are expected to pay for ourselves), you will need to have a specialist OT Driving Assessment done. Only a small number of Occupational Therapists do Driving Assessments, this is not something that your regular OT can do. You will then need to use a specialist Driving Instructor who has training or experience in teaching people with disabilities, and they will need to communicate with the OT who did the Driving Assessment while you have your lessons.
Assistive Apps
From Thursday 3rd October 2024, you will need to apply for a Replacement in order to claim any assistive App. That includes Boardmaker, Dragon Dictation, Time Timer, Proloquo2Go etc.
Short Term Accommodation
Short Term Accommodation (STA) is only described in the ‘Assistance with daily life tasks’ in a group or shared living arrangement.
NDIA have confirmed that there are no changes to the Short Term Accommodation policy. STA can still be self-managed and does not have to be in a group setting.
Home Modifications
All Home Modifications are now a Stated Support. This means that it needs to be written in your plan for you to be able to claim it. That includes if you only need one grab rail or cheap ramp installed in your home.
What if I need a support that isn’t on either list?
The senior executive officers of the NDIA have said that if something isn’t on either list and you need the support directly because of disability or disabilities you are registered with NDIS for, then you can likely claim it. This is good news for people who need things like noise cancelling headphones because of their disability.