Posted: 2024-10-01 03:51:26

Major changes to the National Disability Insurance Scheme (NDIS) have finally been confirmed, less than two days before taking effect.

The looming changes come after a months-long political deadlock and outcry from participants, some of whom said they had no understanding of how their funding would be impacted.

Some changes are bigger, others are smaller.

Not all will start at once — in fact, most people won't experience much change for some time.

Here's what's going on.

What's changing?

The most high-profile change is a clear definition of "NDIS support" – in other words, what can and cannot be funded by the scheme.

The list of approved supports, which you can see in full here, is extremely detailed and largely includes items or services directly linked to managing a disability.

It includes eligible and accredited assistance animals, specialist disability housing, assistance for household tasks and early intervention supports for children.

Things that won't be covered are services which are "not evidenced based", or directly linked to someone's disability, such as childcare fees, crystal and wilderness therapy, and day-to-day living costs such as rent, groceries and bills.

If a participant needs something to manage their disability which isn't on the list, they can make a request to the agency that runs the scheme, the National Disability Insurance Agency (NDIA).

Shorten holds an index finger up as he talks.

Bill Shorten announced the final list of "NDIS supports" on Tuesday. (ABC News: Nick Haggarty)

NDIS Minister Bill Shorten says those requests will be considered if the item can provide value for money and there is good evidence to support it.

"You might need a pair of specially designed shoes because of your disability. That could cost literally hundreds and hundreds of dollars," he told reporters on Tuesday.

"If you can prove that getting [that] particular shoe off the shelf actually is better than the specially designed one, even though that shoe is not on the list, the agency will take that into account."

The list comes with a 12-month "transition period", during which participants won't be automatically punished for accidentally buying something that isn't approved.

"If you make a mistake … we'll be in touch to let you know and help you understand what you can do," the NDIA says.

The agency says it may pursue action if the incorrectly claimed support is more than $1,500 or if someone continues to incorrectly claim items "despite us providing them with information and advice".

Silhouettes of children read and throw a ball on a peach-coloured background. Houses and upward trending arrows are also seen

The draft list of approved “NDIS supports” sparked panic and confusion when it was released in August.   (ABC News: Emma Machan)

Another change relates to funding amounts and periods.

Plans currently show line-by-line support items – but from Thursday, new plans will be shown as a total budget figure and indicate how long that funding needs to last for.

The change will not be retrospectively applied to existing plans and each new plan will initially last for 12 months.

This is aimed at ending what the government has termed "intra-plan inflation", when a participant spends their NDIS funds quickly and then requests a top-up.

Some changes can now also be made to plans without needing to create a new one.

There are also greater powers for the NDIA to change the management of someone's plan if it suspects funds are being misused.

Some disability advocates have raised concerns that those new powers don't include enough safeguards for participants.

Timelines for other changes – including a new planning framework and eligibility reassessments for certain cohorts in certain circumstances, for example, when a child turns nine – are yet to be confirmed.

The NDIA says participants retain the right to appeal plan decisions.

A full list of all the changes taking effect on Thursday can be found here.

Why are things changing?

A review of the NDIS last year called for sweeping changes to how disability support is structured and delivered.

The government has also been under pressure to ensure the now-$42-billion scheme's financial sustainability, which has been growing faster than expected.

It has said it expects these changes to reduce the projected growth of the NDIS by $14 billion over four years.

What happens next?

The NDIA says most participants will start to see changes when the scheme transitions to the new planning framework later next year.

Other changes recommended by the NDIS review are still in the pipeline, including "foundational supports" — services for those outside the scheme, delivered through the likes of schools and health services.

Specifics for these changes are yet to be confirmed and will be discussed through a co-design period with the disability sector.

Consultation on foundational supports began last month.

The government is also still looking at a taskforce report on the issue of provider registration.

What are people saying?

The disability community has been on edge for months.

Advocates have been critical of the speed and transparency of the process and feel there has been a lack of co-design up until now.

That's led to a loss of trust in the government and the NDIA.

A white man with short hair and a beard sitting in a wheelchair on a footpath

Kurt Fearnley says the NDIA is committed to co-design with the disability community.  (ABC News: Billy Cooper)

NDIA chair Kurt Fearnley acknowledges the legislation has caused "hurt" and says the agency is committed to co-designing the next steps with people with disability.

He says the changes represent "a really exciting time for the scheme".

"Whenever disabled lives are taken into what is a robust, adversarial parliament, it can feel like your voice is diminished, and I think coming through this period has been hard for a lot of our community," he told ABC NEWS this week.

"All of the changes that we see in front of us are about making sure that the participant's experience with the agency is clearer and simpler."

El Gibbs, deputy CEO of Disability Advocacy Network Australia, says she's disappointed the list of 'NDIS supports' — which was announced less than 48 hours before coming into effect — wasn't made public earlier.

"This has been a time of significant change and concern for people with disability, and that is continuing with these lists out at such short notice," she says.

"It's not fair that people with disability are being expected to wade through enormous changes with no support and no clear explanation."

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