On October 3rd, 2024, the NDIS introduced a significant set of legislative changes aimed at improving access, clarifying support pathways, and making the scheme more sustainable. These updates are the outcome of consultation with participants, providers, and the broader disability community, and they reflect a commitment to creating a more streamlined and participant-centred NDIS.

In this post, we will dive into the key changes and explore how they will impact participants, providers, and people applying to access the NDIS. Let’s take a closer look at what these updates mean.

  1. New Pathways for Accessing the NDIS (Section 21)

One of the most significant changes is the creation of separate pathways for participants applying to access the NDIS. From October 3rd, 2024, the National Disability Insurance Agency (NDIA) will assess whether applicants meet either the disability requirements, early intervention requirements, or both. This marks a shift towards a more tailored approach for new applicants to the scheme.

Impact on Applicants

When you apply for the NDIS, the NDIA will inform you whether you have met the disability requirements or early intervention requirements, or both. While this won’t immediately affect how you experience the NDIS, it sets the groundwork for future changes that will offer more specific participant pathways, particularly for those who benefit from early intervention.

In the future, this means that once the new participant pathways are fully developed, individuals will be supported according to the most appropriate pathway based on their access needs. For now, this change primarily affects those submitting access requests from October 3rd onwards.

  1. Clarification of Disability and Early Intervention Requirements (Sections 24 and 25)

To further clarify who should access the NDIS, the legislation now specifies that applicants must require supports that are NDIS-specific. This applies to both disability and early intervention pathways. These updates ensure that mainstream systems remain responsible for providing supports that do not fall under the NDIS, while the NDIS focuses on providing disability-specific supports.

Impact on New Applicants and Participants

This impacts both new applicants and current participants undergoing eligibility reassessment. Moving forward, there will be clearer guidelines about the types of supports the NDIS can fund, helping to prevent confusion about what should be covered under other services such as health or education systems.

For new applicants, it means a more transparent understanding of whether NDIS is the right place to seek support. For existing participants, reassessments will clarify whether the supports they require should continue to be funded by the NDIS or if other mainstream systems are more appropriate to the individual.

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  1. Changes to Making Access Requests (Section 19)

Another major update involves changes to how access requests are managed. If your status as a NDIS participant is revoked and you request a review of that decision, you will no longer be able to submit a new access request until the review process is complete.

Impact on Participants

This change is designed to streamline the review process and reduce confusion. It impacts individuals who are appealing a decision to revoke their NDIS participant status, ensuring that the review process is given sufficient time to complete before a new access request can be made. This will affect people from October 3rd onwards, and ensures that reviews are handled in an orderly and efficient manner.

  1. Plan Management Updates (Sections 44 and 33)

The changes also introduced updates to how plan management is decided. The NDIA can now consider whether a participant, their nominee, or their plan manager has a history of offences involving fraud or dishonesty when deciding how their plan should be managed. Additionally, plans will now include total funding amounts, funding components, and funding periods.

Impact on Plan Management

For participants who self-manage or use a plan manager, these changes may impact how their plan is managed. The NDIA may alter the way funding is allocated if there are concerns about the proper use of NDIS funds. For new plans approved after the changes take effect, clearer funding guidelines will help participants understand exactly how much funding is available and for how long it must last. While funding periods will typically remain 12 months, there may be more flexibility introduced in the future.

  1. Stricter Guidelines on NDIS Supports (Sections 34 and 10)

The new legislation reinforces that the NDIS will only fund supports that are reasonable and necessary, and directly related to a participant’s disability or early intervention needs. This provides clearer boundaries around what can be considered a NDIS support and prevents overlap with services that should be provided by other sectors.

Impact on Participants and Providers

This change ensures that NDIS funds are used appropriately, targeting the specific requirements that meet the disability or early intervention criteria. Existing Enhanced Lifestyles customers must ensure that the supports they are seeking from the NDIS align with their eligible support requirements. Providers will also need to ensure that the services they deliver are NDIS-appropriate.

Additionally, the introduction of a definition of “NDIS supports” will help participants understand which supports are funded by the NDIS and when they can request a replacement for a non-NDIS support in certain circumstances.

To find out more about what the NDIS will and will not fund, visit the NDIS website and view the support lists.

  1. Plan Variations Without Creating New Plans (Section 47A)

From October 3rd existing Enhanced Lifestyles customers will be able to make certain variations to their NDIS plans without the need to create an entirely new plan. This is an important step toward reducing administrative burdens on both participants and the NDIA.

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Impact on Participants

This change introduces greater flexibility for participants, allowing them to adjust their plans more easily when circumstances change, without undergoing a lengthy process of plan renewal. It ensures that participants can respond to changes in their individual needs while maintaining the overall structure of their plan.

  1. New Planning Framework and Needs Assessments (Sections 32K and 32L)

The new planning framework introduced in this legislation is designed to offer a more flexible budgeting process. This will involve a comprehensive needs assessment to ensure that a participant’s entire disability support needs are considered.

Impact on Participants

Participants who transition to new framework plans will undergo a whole-of-person needs assessment, which will form the basis of their NDIS supports. This approach ensures that the NDIS is funding the necessary supports related to impairments that meet the disability or early intervention requirements. While this framework will be introduced over time, it represents a major shift toward more personalised and flexible planning.

  1. Eligibility Notices for Clearer Communication (Section 32BA)

From January 2025, new participants will receive eligibility notices, which will clearly outline the conditions for which they qualify under the NDIS. This notice will indicate whether they meet the disability or early intervention requirements, or both.

Impact on Participants

For participants transitioning to new plans, these eligibility notices will provide a clear understanding of why they are eligible for NDIS supports. This adds a layer of transparency to the process, making it easier for participants and their families to track the specific needs being addressed through their NDIS plan.

  1. New Claims and Payments Framework (Section 45A)

A legislative claims and payments framework has been introduced to provide clarity around how NDIS claims should be made. All claims must now be submitted within two years of providing the support, ensuring timely and organised management of funding.

Impact on Providers

This impacts providers and participants alike, setting out clearer expectations for how claims are made. Providers must ensure they meet the deadlines for claims, while participants need to be aware of these timelines when receiving support.

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Final Thoughts

The recent changes to the NDIS, effective from October 3rd, 2024, are aimed at creating a more transparent, efficient, and person-centred system. Whether you’re a new applicant, a current participant, or a provider, it’s important to understand these changes and how they impact access, planning, and the use of NDIS supports.

By implementing clearer pathways, streamlining plan management, and ensuring supports are NDIS-specific, these updates aim to better meet the needs of individuals with disabilities while maintaining the integrity and sustainability of the NDIS for years to come.

If you are an Enhanced Lifestyles customer and have further questions regarding the NDIS changes, please contact your Customer Relations Officer on (08) 8340 2000. They’ll be only too happy to assist you!