On a purple background is a white box with black text reading 'NDIS Changes'. There is a purple star on the left and right edges of the white box.

NDIS Changes October 2024

October 2, 2024 NDIS

The NDIS has changed! Here’s what it means for YOU

Updated 10/12/24

The changes to the NDIS Act started on Thursday 3^rd October 2024. You can find a summary of the NDIS changes here.

What’s Changing

Reasonable and Necessary Criteria

There are now seven Reasonable and Necessary criteria in the NDIS Act requested supports need to meet to be funded in NDIS Plans:

the support is necessary to address needs of the participant arising from an impairment in relation to which the participant meets the disability requirements (section 24) or the early intervention requirements (section 25);
the support will assist the participant to pursue the goals, objectives and aspirations included in the participant’s statement of goals and aspirations;
the support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation;
the support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support;
the support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice;
the funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide; and
the support is an NDIS support for the participant.

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 3^rd 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

Participants have a 12 month transition period to learn the new rules. Providers have 30 days.

If you make a mistake and claim something that isn’t allowed and costs less than $1500, you will get a warning for the first two errors. If you make a third mistake or repeat a previous mistake, the NDIS will raise a debt.

For claims over $1500 from the banned lists, or if you deliberately misuse funding, the NDIA can raise 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.

The NDIA CEO described ‘sexual services’ as ‘physical or sexual contact between a participant and a sex worker’ in a podcast. The NDIA website says that ‘sexual services’ includes any sexual contact with a participant for payment or reward, including direct physical activity between a participant and another person for the purpose of sexual gratification. Adaptive equipment, sex counselling and individualised sexual education supports where reasonable and necessary are still funded.

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

Individual and social group therapies delivered by allied health professionals which incorporate animals and games like Dungeons and Dragons, Minecraft and other games as part of evidence based therapy are permitted. As the way that the list has been written can easily be misinterpreted, we would suggest that providers make 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).

Equine therapy delivered by a qualified allied health professional such as an Occupational Therapist is permitted. The cost of activities such as HorsePower, Riding Develops Abilities (RDA) and Horse Vision are not claimable. HorsePower and RDA are classified as an activity in the same way that people without disability my pay for riding lessons. The cost of the activity is not claimable, but the cost of support to enable you to participate may be claimable (eg. support worker). Horse Vision is classified as counselling rather that building skills and capacity related to your disability, so is not the responsibility of NDIS.

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 3^rd 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) can only be claimed if the NDIS participant lives with informal supports. It can be funded for up to 14 days at a time, with a maximum of 28 days per calendar year. STA funding can be used for assistance with self-care, community access and accommodation. It cannot be used for travel costs, food, groceries, or the cost of activities while on STA. However, NDIA has decided that STA provided in a centre or group residence may include meals and activities within the daily rate charged for STA (within the NDIS Price limits), but this is not permitted when self-directing STA in an individual setting (plan managed or self managed).

Music and Art Therapy

From 1st February 2025, NDIS participants will no longer be able to claim art and music activities as therapeutic supports unless they are a Stated Support in the NDIS Plan. Note that NDIA has decided that music and art therapy do not meet their evidence standards to be classified as therapy, so this is very unlikely to be approved in NDIS Plans. People will likely only be able to access these supports through their community participation budget at the standard support worker rate for 1:1 support, or at the standard therapy rate when provided to a group of 4 participants or more.

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.

Allied Health Supports

Other than the changes to music and art therapy, all other allied health supports may be funded in NDIS Plans, as long as they meet the Reasonable and Necessary criteria.

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.