11. Clients of specified New South Wales disability programs
The NSW Prescribed Programs Rulesset out an alternative pathway for meeting the access criteria and becoming a participant (section 21(2)).
11.1 Alternative pathway for satisfying access criteria
Under the NSW Prescribed Programs Rules, a person meets the access criteria if the following are satisfied:
at the time of the NDIA considering the request, the person satisfies the additional residence requirements;
the person was receiving supports;
i. at the time of the NDIA considering the request; or
ii. at the qualifying time; and
the person received the supports throughout the qualifying period; and
the person received the supports under a qualifying program, to the extent of the operation of the programs in relation to people under 65 years of age; and
if the person becomes a participant, the person would not be entitled to receive supports the person was receiving under the qualifying program, or equivalent supports (rule 3.1 of the NSW Prescribed Program Rules).
To satisfy the access criteria under this alternative pathway it is not necessary to satisfy:
- the usual requirement that a prospective participant must be an Australian citizen, the holder of a permanent visa or a SCV holder who is a protected SCV holder – see section 7.2; or
- the disability requirements or the early intervention requirements.
11.2 What is the qualifying time?
The qualifying time is the day immediately before the relevant date specified for the relevant NDIS area in which the person resides as set out in Schedule A (rule 3.2 of the NSW Prescribed Program Rules).
11.3 What is the qualifying period?
The qualifying period is the period between 14 May 2016 and the date the person makes an access request (rule 3.3 NSW Prescribed Program Rules).
11.4 What are the qualifying programs?
The qualifying programs are set out in List E.