News - Love To Assist

NDIS SUPPORTS DRAFT DEFINITION 3rd October 2024The definition of “NDIS Support” is hugely consequential with implications for access and planning. The process to define an “NDIS Support” however is long and requires approval from States and Territories. In the meantime the Minister has developed transitional rules to define an NDIS Support. The proposed NDIS Bill also gives the NDIA debt-raising powers or the ability to change a person’s plan management type if they do not spend their funding on a NDIS support or in accordance with their plan. The government has said that it only intends to use these powers for cases of outright fraud. But there remains a legal risk that people could have a debt raised against them for not spending according to this list.A list of what constitutes a NDIS support has been published. This list will become law on the 3rd October.NDIS SUPPORTS INCLUDE:• Accommodation/tenancy assistance• Assistance animals• Assistance in coordinating or managing life stages, transitions and supports- including support coordination, mentoring, peer support and skill development.• Assistance to access and maintain employment or higher education- this has to be most frustrating category description to get your head around. There is considerable overlap between the description of NDIS funded supports and the exclusions. For example, support to ‘obtain and/or retain’ employment and ‘individual employment support’ are NDIS supports. But ‘work-specific support related to recruitment processes, work arrangements or the working environment’ is excluded.• Assistance with daily living in a shared living environment- this category includes both Supported Independent Living (SIL) and short-term respite accommodation. The description says it’s support provided ‘in a shared living environment.’ It’s therefore unclear whether this would allow people to do more innovative respite options- like stays in Airbnb’s with a support worker.• Travel and transport• Assistive equipment for recreation• Assistive products for household task• Assistive products for safety and personal care• Specialised behaviour supports• Communication and information equipment• Community nursing• Prosthetics• Assistance with daily living activities• Development of daily living and life skills• Disability-related health supports• Early childhood early intervention supports• Exercise physiology and personal wellbeing activities• Group and centre-based activities• Hearing equipment• High intensity daily living supports- provided by a support worker with additional qualifications or experience.• Home modifications• Household tasks- meal prep and delivery can be included in this category.• Innovative community participation- interestingly the description says this is for ‘mainstream providers’ to ‘enable participants to access mainstream activities.’ So it’s unclear whether disability service providers would also be able to provide this support.• Interpretation and translation- when not available from a mainstream service.• Plan management• Participation in community, social and civic activities• Mobility equipment• Specialist Disability Accommodation (SDA)• Specialised driving training• Specialised hearing services• Specialised supported employment- including Australian Disability Enterprises (ADEs).• Specialised support coordination• Therapy supports• Vehicle modifications• Vision equipment- not including prescription glasses.Things the NDIS won’t fundAs mentioned above, the government’s proposal includes a much more detailed list of supports the NDIS will not fund. We’re literally talking about replacing a handful of dot points in the current Rules, with 10 pages of examples. The list of supports the NDIS won’t fund also includes some exceptions, which the NDIS might fund in some circumstances.The largest category is ‘day-to-day living cost.’ The examples range from ‘groceries’ to ‘taxidermy.’ I guess everyone’s day looks different? As has been flagged in the media, sex work and sex toys would also become prohibited supports. There are things you seriously have to wonder if anyone acting in good faith has ever tried to claim, like jewellery and political contributions. Other items are more mainstream daily living costs, like utility bills and takeaway food.The day-to-day living list includes some exceptions, including for daily living costs occurred ‘solely and directly’ as a result of the participant’s disability. Which can be both a high and highly subjective bar.Another category is dedicated to supports the government considers ‘not value for money/ not effective or beneficial.’ This will probably prove controversial, as it includes supports some people value such as yoga therapy, sound therapy and reflexology. But there are also examples less likely to provoke debate, like tarot readings and crystal therapy. Beauty services wouldn’t be funded, including nail salons. General massage would be out, but therapeutic massage ‘directly related to a participant’s disability support needs’ might be funded. Unlawful goods and services, unsurprisingly, will also not be claimable. You’ll have to purchase your fake designer handbags via other financial means.The NDIS can also not provide income replacement, including income support payments.EXCEPTIONSThe NDIA might agree that a participant can access one of these supports, if it meets all of these criteria: • The support would replace one or more NDIS funded support for that participant, and;• It is the same cost or less than the total cost of supports it is replacing for the participant, and;• It would provide the same or better outcomes for the participant than the support it is replacing, and;• It meets any other conditions specified in the (currently unwritten) NDIS Rules. ... See MoreSee Less

Our News