The NDIA offers clarity amidst concern from disability advocates

Update [15/10/2024]: the National Disability Insurance Agency has issued a list of resources to clarify and help participants understand the new changes.

The following links will assist participants with concerns they have and clarify any impact the October 3 changes may have on your support services:

NDIA website resources

Frequently asked questions about legislation | NDIS

3 October legislation changes | NDIS

What does NDIS fund? | NDIS

Department of Social Services

Changes to the NDIS Act | Department of Social Services, Australian Government (dss.gov.au)

The Explanatory Statement for the NDIS Supports Transitional Rules (link is external) steps through each item on the NDIS Supports list and non-NDIS supports list and provides further explanation for each support.

Key points:

• Recent changes to the NDIS support guidelines include a ‘replacement rule,’ allowing some NDIS participants to substitute eligible supports from an alternative list
• NDIS-approved items include vehicle modifications and home modification design and construction, while items such as pre-made meals and lifestyle-related items are excluded
• People with Disability Australia President Marayke Jonkers praised some inclusions but raised concerns about some excluded items that could improve the lives of eligible NDIS participants

The National Disability Insurance Agency recently updated the NDIS support guides, however, some disability advocates are raising concerns regarding the new funding rules.

The NDIS Pricing Arrangements and Price Limits, previously called the NDIS Price Guide, effective October 3, 2024, are expected to provide greater clarification for NDIS participants about what is allowed and what won’t receive funding in the recent changes.

Key changes

Some of the changes with the new pricing guides include that ‘participants can only use their NDIS funds for items listed as approved NDIS supports,’ a list of items that are not eligible for NDIS funding and a replacement rule, according to information on the NDIS website. 

The replacement rule can be used by some NDIS participants to substitute an NDIS support with another support from a separate list.

NDIS support inclusion examples

Items approved on the updated NDIS support guidelines include:

• assistance animals, e.g. grooming and veterinary services;
• vehicle modifications;
• therapeutic supports;
• certain assistive products, e.g. personal care and safety;
• home modification design and construction; and
• specialised driver training, e.g. in modified vehicles.

People with Disability Australia President Marayke Jonkers highlighted the importance of including previously requested NDIS-funded supports but indicated that the list is not exhaustive. 

“[…] The inclusion of supports like menstrual products, adaptive clothing and assistance with maintaining employment is welcome. However, we’re still seeing critical supports excluded,” she said.

NDIS support exclusion examples

Although NDIS participants know that NDIS funding should be used directly to improve their lives related to disability, a comprehensive list provides insight into what cannot be funded by the NDIS.

Minister Shorten commented that while some NDIS participants may be unsure about the changes, the new guidelines will make it easier for Australians to navigate the NDIS.

“I want to reassure participants that the lists will bring more clarity and more certainty for all participants in how they can use their budgets,” he said.

Examples of excluded items include:

• food and groceries, e.g. takeaway or pre-made meals;
• lifestyle-related, e.g. cigarettes, gambling, or dating app subscriptions;
• clothing and beauty-related services, e.g. non-adaptive clothing or footwear or cosmetic treatments;
• alternative and complementary therapies, e.g. cuddle therapy or crystal therapy;
• items related to aged care;
• unlawful goods and services, e.g. weapons; and
• income replacement.

Ms Jonkers highlighted the issue of not allowing NDIS participants to use funds for items such as pre-made meals. 

“[…] Pre-prepared meals from the supermarket would allow [people with disability] access to safely prepared food in a cost-effective way on days a support worker is unavailable which, with a nationwide shortage, happens more often than you’d think,” she said.

NDIS replacement list examples

These are items that are not NDIS supports, however, NDIS funding may be used to purchase ‘replacement items’ after the participant receives written approval from the NDIS.

Currently, the replacement list is short, with only two categories included, namely, consumables and assistive technology.

Depending on the NDIS participants’ needs, this may include smart watches or tablets with applications to facilitate communication that could not otherwise be achieved. 

Concerns of disability advocates

Ms Marayke Jonkers also highlighted that the sudden updates to NDIS pricing guides may cause confusion and lead to some participants not spending the funds they are entitled to.

“[…] Reasonable notice and communication on how the changes will impact each participant must be in place before any future changes are rolled out,” she said.

“As this hasn’t occurred, even though existing plans won’t be changing straight away, People with Disability Australia is concerned participants will be confused about what they can access and some people may go without critical supports because they’re worried they’ll end up with a debt.”

Conversely, Ms Jonkers also commented on the possibility of NDIS participants spending more than allocated by mistake and the penalties that will be imposed.

“We don’t want to see participants punished for honest mistakes, especially when communication about these changes has been limited,” she said. 

“[…] We will still want further clarity on how the debt raising and recovery processes will work, including what information will be provided to participants who make mistakes.” 

Approximately 661,200 Australians receive NDIS funding as of June 30, 2024.

If you are concerned about the impact of these updated NDIS guidelines, speak to your support coordinator, friends or family.

Alternatively, phone Lifeline 24/7 on 13 11 14 or visit the website to chat with a counsellor if you are concerned about your mental health.

What are your thoughts on the new NDIS support guide updates?

Let the team at Talking Disability know on social media. 

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