Understanding recent changes to the NDIS legislation

On October 3rd 2024, the Australian Government introduced changes to the legislation for the National Disability Insurance Scheme (NDIS). This review of the legislation, as with any major policies, was a necessary step to refining the NDIS, improving accessibility, and streamlining processes to ensure participants are receiving the most out of their plans. 

Key Changes to the NDIS Legislation

For most participants, there won’t be fundamental changes to how you experience the NDIS. What is not changing, is the purpose of the NDIS, which is participant focus care and support. 

Overview of changes: 

• The Australian government has introduced a definition of NDIS supports, to give participants and providers a greater understanding and more clarity around what NDIS funds can or cannot be used for. 
• You can only spend funding on this that are NDIS supports, or are approved replacements for NDIS supports. 
• The “Ins/Outs/Replacements” lists are based on existing guidance, so for the most part, there won’t be major changes to the support a participant is receiving. 
• The lists will provide creator clarity on what the NDIS does and does not fund, and will help participants and their families make more informed choices about how to maximise their funding. 

You can find the NDIS support lists by clicking here. 

What happens if I buy something which is not an NDIS Support? 

The NDIS is not implementing all of the changes immediately, these changes will be introduced over a 12 month transition period to allow a better understanding of the NDIS Supports Lists. 

For participants that do make purchases that are not covered by their plan funding, the NDIS will notify you that your item is not eligible for funding, however you will not have a debt raised for the first or second mistakes made in claiming (where the item is worth less than $1500).  However this will not apply if the purchase is deemed illegal. 

If incorrect claims are repeated or fraudulent, the NDIS will take further action. 

The NDIS is making sure to communicate with every participant and provider about the changes, and how they work, to understand the new rules, and find and use NDIS supports. 

What if my needs are specific to my disability and not on the lists? 

The NDIS is built to assist all people with disabilities, and cater for their individual needs. In specific circumstances a participant might need to use their funding for a support that is not on the NDIS list. 

The substitution or “replacement” support rule, will allow participants to request to replace an existing support with one that is not on the NDIS support list, where the standard item might provide a better outcome and value than an NDIS support. 

This applies to very specific items, and you can learn more by clicking here. 

NDIS Funding and Plans

NDIS plans that are approved after the legislation changes (from October 3, 2024) will all be for 12 months (this will change at a later date, to be advised by the NDIS), and include the following: 

• Total budget amount (total amount over your plan period)
• Funding component amounts (this includes your support categories  which are Core/Capacity building/capital/recurring supports)
• Funding periods (this is your plan period)

This will make clear the total funding you have available in your plan. How long the funding needs to last, and help you keep track so you don’t overspend. 

Questions?

If you need advice, or more information, you can talk to us! Call us on 1300 966 119, email hello@blitzit.com.au or chat with us via the live chat bubble on our website.⁠