Planning Operational Guideline - Approving the statement of participant supports

14. Approving the statement of participant supports

14.1 Timeframe for approving statement of participant supports

The NDIA must decide whether or not to approve the statement of participant supports as soon as reasonably practicable, including what is reasonably practicable having regard to any requests for information or reports which have been made by the NDIA (section 33(4)).

14.2 What must the NDIA consider when approving the statement of participant supports?

When deciding whether or not to approve a statement of participant supports the NDIA must:

  • have regard to the participant’s statement of goals and aspirations (section 33(5)(a));
  • have regard to relevant assessments conducted in relation to the participant (section 33(5)(b));
  • be satisfied that each general support to be provided, or reasonable and necessary support to be funded, meets each of the criteria mentioned in section 34(1)(a)-(f) (External website) of the NDIS Act. (See deciding to include supports in a participant’s plan (section 33(5)(c);
  • apply the Supports for Participants Rules (section 33(5)(d));
  • have regard to the principle that a participant should manage his or her plan to the extent that he or she wishes to do so (section 33(5)(e); and
  • have regard to the operation and effectiveness of any previous plans of the participant (section 33(5)(f)).

In addition, when deciding whether or not to approve a participant’s statement of supports, the NDIA must also:

  • identify the participant’s goals, aspirations, strengths, capacity, circumstances and context (rule 4.1(a) of the Becoming a Participant Rules);
  • assess activity limitations, participation restrictions and support needs arising from a participant’s disability (rule 4.1(b) of the Becoming a Participant Rules);
  • assess risks and safeguards in relation to the participant (rule 4.1(c) of the Becoming a Participant Rules); and
  • relate support needs to the participant’s statement of goals and aspirations (rule 4.1(d) of the Becoming a Participant Rules).

14.3 Copy of plan to be provided to participant

The NDIA must provide a copy of a participant’s plan to the participant within 7 days of the plan coming into effect (section 38).

A participant’s plan comes into effect when the NDIA has received the participant’s statement of goals and aspirations and approved the statement of participant supports (section 37).

14.4 Participants may request a review of the decision to approve their statement of participant supports

A decision to approve a statement of participant supports is a reviewable decision (section 99(d)).

Therefore, when providing the participant with a copy of their plan, the NDIA must also include a statement to the effect that the participant may request that the NDIA review the decision (section 100(1)).

The NDIA’s decision to approve the statement of participant supports includes the decisions in relation to:

14.5 Requirement to notify of change of circumstances

A participant must notify the NDIA if an event or change in circumstances happens, or is likely to happen, that affects, or might affect, their plan (section 51(1)).

A participant must notify the NDIA as soon as reasonably practicable after he or she becomes aware that the event has happened, or is likely to happen (section 51(2)).

14.6 NDIA to comply with statement of participant supports

The NDIA must comply with the statement of participant supports in a participant’s plan (section 39).

14.7 Payment of NDIS amounts

The NDIA may pay an NDIS amount:

  • in a single payment (rule 4.3(a) of the Plan Management Rules); or
  • by instalments (rule 4.3(b) of the Plan Management Rules).

If the NDIA is paying an NDIS amount by instalments and requests a participant to provide information or a document relating to the expenditure of previous instalments, the NDIA may defer making further instalments until the information or document has been provided (rule 4.4 of the Plan Management Rules).

A participant must provide the NDIA with details of an account with a financial institution into which NDIS amounts can be paid, and the NDIA must pay NDIS amounts into the account nominated by the participant (rules 4.5 and 4.6 of the Plan Management Rules).

14.8 Obligations in relation to NDIS amounts

A participant who receives an NDIS amount, or a person who receives and NDIS amount on behalf of a participant, must spend the money in accordance with a participant’s plan (section 46(1)).

If a participant, or the person who received the NDIS amount, does not spend the money in accordance with the participant’s plan, the participant or person must pay an equal amount as a debt to the NDIA (section 182(3)).

14.9 Protection of NDIS amounts

An NDIS amount is absolutely inalienable (i.e. not capable of being taken away or transferred to another person) whether by way or consequence of sale, assignment, charge, execution, bankruptcy or otherwise (section 46A).

This page current as of
18 July 2019