On 3 October 2024, the rules about the NDIS started to change.

The people who work at the NDIS will help you understand the changes to your plan.

Even though the rules will change, the goal of the NDIS stays the same. The goal of the NDIS is to help people with disabilities pay for supports and services they need to live a good life.

This fact sheet is written by Women With Disabilities Australia. For the rest of this fact sheet, we use WWDA to stand for Women With Disabilities Australia.

We are sharing information about the new rules, because it is important that our community understands them. We wrote the fact sheet to help women, girls and gender-diverse people with disabilities learn the new rules about the NDIS. We will add to this fact sheet when the Governments tell us more about the new rules.

Do we agree with the changes?

At WWDA, we don’t agree with all the new rules, but the new rules are the law. You can learn why we don’t agree with all the new rules here and here.

We will keep talking to the Government about the new rules. We will tell them what changes work and what changes don’t work. WWDA has been working hard to make sure that the new rules work for the people in our community.

What is in this fact sheet?

This fact sheet talks about:

• What the changes are
• When the changes will happen
• How to get help with the new rules
• What to do if you lose a support you need
• How to replace a support in your plan

What are the changes?

The Government has made changes to the laws about the NDIS. Some of the changes were made because the NDIS Review recommended the changes.  However, the Government made other changes as well.

The new rules change:

• What supports the NDIS will fund.
• Some parts of NDIS plans, like how funding can be spent.

There are other changes too. When we have more information about the other changes, we will update this fact sheet.

Changes to NDIS supports

NDIS funding comes from your NDIS plan. NDIS funding pays for supports. Supports are things you need to help with your disability.   

The Government has made a new list of NDIS supports. It says:

• What supports can be funded by the NDIS.
• What supports can’t be funded by the NDIS.

After October 3, 2024, most people will only get NDIS funding for supports on the list.

These lists have been made quickly. They are temporary, which means they will not stay.  In the future, there will be different rules. Those rules will be made with people with disabilities. However, the new lists will be the rules for now.

The new lists tell you what the NDIS will pay for and what it won’t pay for.

The Government asked people with disabilities about the list. Groups like WWDA told the Government what should be on the list. The Government made some changes to the list but did not make all the changes WWDA said. We will keep talking to the Government about the supports people need.

The new list might make you feel good, because the information will be clear. You won’t have to wonder if a support will be paid for by the NDIS. You can check the list.

However, for many people, the new list will be hard. If a support you use is not on the list, you might need to pay for it yourself or stop using that support. In that case, the new list might make you worried or upset. We know that many people in our community use supports that are not on the list.

The Government says some people might be able to get funding for supports that are not on the new list. They will talk more about what this will look like soon. When they give more information, we will add it to this fact sheet.

If you are worried about the changes, talk to the NDIS, an advocate or a supporter. Ask whether the supports you need are on the new list. Explain why you need the supports you use. Ask for advice about what you can do. At the NDIS, you could talk to your Local Area Coordinator, call the NDIS on the phone, or chat with the NDIS on the website.

Some people are worried that if they make a mistake with the new changes, the NDIS will make them pay back money that has been spent on supports. The NDIS has said that they will support people to understand the new rules.

Changes to NDIS plans

When the new rules start, some things about NDIS plans will change, like how they talk about money.

How long NDIS plans last

Under the new rules, all new NDIS plans will be 12 months long. This change is temporary, which means it will not stay. In the future, some NDIS plans will be longer than 12 months. The Government will talk more about this later. When they give more information, we will add it to this fact sheet.

How NDIS plans talk about money

Under the new rules, all new NDIS plans will have a total budget. This change will stay.

At the moment, NDIS plans show how much NDIS funding someone has for each kind of support they can use. The NDIS Review said that people should be able to choose how much they want to spend on their different supports, as long as they don’t spend more than the total amount of money in their plan.

Under the new rules, new NDIS plans will show the whole amount for the whole NDIS plan. This will be the total budget for the NDIS plan.

You have to stick to the budget. You can’t spend more money than it says in your plan. When you get a new plan, your budget starts again. The NDIS says it will help people to make sure that their funding lasts for their whole plan.  

If you feel worried about these changes, talk to the NDIS, an advocate or a supporter. Ask if you will have enough money in your budget for the supports you need. Explain why you need the supports you use. Ask for advice about what you can do.

We will keep telling the NDIS about what is working and what is not working for the people in our community.

When will the changes happen?

Some of the changes start on October 3, 2024. These include the changes to:

• NDIS supports
• NDIS plans.

Other changes will happen later. When the government gives more information, we will add it to this fact sheet.

How to get help with the new rules

The NDIS will tell you about:

• Changes to your NDIS supports.
• Changes to your NDIS plan.

While you get used to the changes, you can check with the NDIS or your supporters before you spend money. You can ask:

• Is this support on the new list?
• Do I have enough money in my budget to pay for this support?

Keep a record of your talk. You could:

• Ask if you can record the talk.
• Send your questions by email and ask them to reply by email, too.
• Ask the NDIS for a number from your talk, like a receipt.
• Think of another way to get a record.

If there is a problem, you can show that you tried to follow the new rules.

What to do if you lose a support you need

NDIS supports are services, items and equipment funded by the NDIS. In October 2024, the NDIS wrote new lists of:

• Supports the NDIS will pay for
• Supports the NDIS will not pay for
• Things that can be used as replacement supports

Many people in our community are worried about what to do if a support they use is on the list of things that the NDIS will not pay for. In this fact sheet, we call the list of supports the NDIS will NOT pay for “the out list”.

It is a hard situation but you can find help.

This fact sheet explains:

• When the NDIS will pay for supports on the out list.
• What to do if the NDIS will not pay for a support you use.

When will the NDIS pay for supports on the out list?

The NDIS will pay for a support on the out list if:

• The support is in your NDIS plan. It has to be written in the plan. It cannot just be in a letter or email. It cannot just be what an NDIS worker said when you talked. Your plan must list the support by name.
• A Tribunal has said that the NDIS must pay for the support. The old name for the Tribunal is the Administrative Appeals Tribunal or AAT. The new name for the Tribunal is the Administrative Review Tribunal or ART. They are the same. If the AAT or ART says that the NDIS must pay for a support, they will pay.
• It is a replacement support. A replacement support is something you use instead of an NDIS support listed in your current plan. The rules about what can be used as a replacement support are strict. The list of options is short. We talk about that below.

If you are worried about getting in debt, talk to the NDIS before you pay for the support. Ask them to tell you in writing that they will pay.

The NDIS will never pay for:

• Sex work, like if you see a sex worker to have sex.
• Alcohol.
• Drugs, unless it is from a doctor to treat your disability.

WWDA does not agree with the rule about the NDIS not paying for sex work, but it is the law. We think people should be able to get support for their sexual needs. We will keep speaking up about this.

What to do if the NDIS will not pay for a support you use

If a support you use is on the out list you may be able to pay for it yourself or stop using the support. But many people in our community can not pay for supports they need.

In that case, you could talk to:

• An NDIS worker. This could be your Local Area Coordinator.
• A supporter or advocate. An advocate is someone who stands up for you. We tell you how to find an advocate at the bottom of this fact sheet.

Explain why you need the support. Ask if there is a way you can get the help you need.

You might be able to find a new support that the NDIS will pay for. It could be a support made for people with disabilities. This is called an adaptive support. You could use it instead of the old support. Before you pay for the new support, get the NDIS to say “yes” in writing.

You could ask the NDIS to reassess your plan. This means that the NDIS checks that your plan matches your needs. To have your plan checked, you will need to show that your current plan is not working. Learn more here.

If you ask the NDIS to do something and they say no, you can ask the Administrative Review Tribunal or ART to look at your case. ART checks decisions made by the NDIS. It makes sure they are fair. ART can check NDIS decisions about:

• The list of supports in your plan
• A request to reassess or check your plan.

Learn more about ART here.

What are replacement supports?

A replacement support is something you use instead of an NDIS support listed in your current plan. This fact sheet explains the rules about replacement supports and how to apply for one.

Replacement supports are on the list of supports that the NDIS does NOT pay for. But you can ask the NDIS to pay for them if they replace something already on your plan.

To help you understand what this means, we have made up an example about Sarah, a woman who has an NDIS plan.

Sarah’s NDIS plan pays for a laundry service to wash her clothes, sheets and towels. Sarah could apply to buy a washing machine instead. If the NDIS says yes, Sarah’s NDIS plan would pay for her to buy a washing machine. She would stop using the laundry service. She would do laundry in her new washing machine. In this example, the washing machine is a replacement support. 

Go here for information from the NDIS about supports and replacement supports. Or you can read more below.

How do you get a replacement support?

To get a replacement support you must:

• Make sure it meets the four rules listed below.
• Apply over the phone, by email, or using the NDIS form.
• Wait until the replacement support is approved by the NDIS in writing before paying for it.

The rules

There are four main rules about replacement supports.

Rule 1: Things that can be used as replacement supports

The rules about what can be used as a replacement support are strict. The list of options is short.

Replacement supports can be:

• Things that help at home, like a dishwasher or washing machine.
• Technology that helps you communicate or easily go to a place, use a service or get information. It could be a:
  • Smart watch
  • Tablet, like an iPad or Samsung Galaxy
  • Smart phone 
  • App.

Rule 2: The new support must replace a support already in your NDIS plan.

The replacement support can not help you do a new thing. It must replace something already in your NDIS plan.

To help you understand what this means, we have made up an example about Lou, a person who has an NDIS plan.

Lou’s current NDIS plan does not pay for a laundry service or for a support worker to do laundry. Lou cannot apply to buy a washing machine as a replacement support. The washing machine would not replace a support already in Lou’s NDIS plan.

If Lou has trouble washing their clothes, sheets and towels because of their disability, they should talk to their NDIS Local Area Coordinator. They could ask to have a laundry service funded in their next NDIS plan. Or Lou could ask an advocate to help them get the support they need.

Lou can apply to buy a washing machine as a replacement support only if their NDIS budget already has funds for a laundry service.

Rule 3: The new support must help you at least as much as the old support.

A replacement support must make your life easier. It might help you:

• Be more independent
• Do things without a support worker
• Have more privacy
• Be part of your community
• Be social
• Keep doing things you need to do.

It must help you as much as, or more than, the support in your current NDIS plan.

Rule 4: The new support must cost the same as or less than the old support.

A replacement support cannot cost more than the support it replaces. It is okay for the replacement support to cost less than the old support.

To help you understand what this means, we have made up an example about Sam, a girl who has an NDIS plan.

Sam uses three kinds of disability technology to help her communicate. It is funded by her NDIS plan. Together, the three things cost $900.

Sam and her mum do research. They learn that a tablet that costs $600 will make it even easier for Sam to communicate. The tablet can do all the things the disability technology does and more.

The tablet costs less than the disability technology Sam uses. She can ask the NDIS to fund the tablet as a replacement support.

In some cases, the NDIS will pay extra for things like delivery, repair and maintenance. They will tell you if this applies to you. If it doesn’t apply to you, you will have to pay for those things yourself.

How to apply for a replacement support

There are three ways you can apply for a replacement support. You can:

• Complete a form. Download the form here: https://ourguidelines.ndis.gov.au/media/1758/download?attachment.
• Email the NDIS, with information about the new support. Email enquiries@ndis.gov.au.
• Call the NDIS on 1800 800 110.

You can apply by yourself, or with help. Authorised representatives can apply, too.

If you apply using the form, you can give it to the NDIS by:

• Email: enquiries@ndis.gov.au
• Mail: NDIA, GPO Box 700, Canberra ACT 2601
• In person: Visit a local area coordinator, early childhood partner or NDIS office in your area.

What to tell the NDIS

To apply, you must tell the NDIS about:

• The replacement support
• How much it costs
• What support it will replace in your NDIS plan
• How it will work the same as or better than the current support.

You must also say how the replacement support will help you. To answer this question, think about how it will help you:

• Be more independent
• Do things without a support worker
• Have more privacy
• Be part of your community
• Be social
• Keep doing things you need to do.

You can get help to apply if you need it. The NDIS can help you. You could ask a supporter to help you, too.

You do not need to get a new assessment or report to apply for a replacement support.

If the NDIS needs more information to decide, they will ask you for it.

What happens after you apply

You must wait to hear from the NDIS before you pay for the new support. They will call you to tell you. Then, they will send you a letter by post or email. It will say whether your request has been approved or not.

Wait until after the NDIS says “yes” in writing before you pay for the new support.

The approval covers your current NDIS plan only. If you want to use the same replacement support in your next NDIS plan, you will need to apply for it again.

If the NDIS says “no” to your request, they will tell you with a phone call and then by post or email.

If the request is not approved, you cannot use money in your NDIS plan to buy the replacement support. You can keep paying for the support that is already in your plan.

How to find an advocate

Some people find it hard to talk about what they need. You can learn more about standing up for yourself on the Neve website, which was created by WWDA. Learn more here.

An advocate is someone who stands up for you.

You could find an advocate through the Disability Advocacy Network Australia, here.

You could look for a service in the National Disability Advocacy Program, here.

Join WWDA or another organisation that protects disability rights. WWDA cannot help you change your NDIS plan. Instead, we talk to the Government about the needs and experiences of women, girls and gender-diverse people with disabilities. We tell the Government what people in our community need and want. You can learn more about WWDA here.

How to find out more from the NDIS

You can learn more about these changes on the NDIS website, here.

You can get their newsletter, here.

You can also sign up to share what you think about these changes. You can find out how to do this on their website, here.

You can contact the NDIS to ask for help. You can visit their website or you can call them on this number: 1800 800 110. You can also talk to them online using the webchat feature at the top of the website.

If you speak a language other than English, you can call the Translating and Interpreting Service (TIS) on 131 450.

If you have a speech or hearing impairment, you can call:

TTY: 1800 555 677

Speak and Listen: 1800 555 727

National Relay Service: 133 677

Website – www.accesshub.gov.au/about-the-nrs