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Can an NDIS Plan be changed?

A participant can request a change of their NDIS Plan at any time [National Disability Insurance Scheme Act 2013 (Cth) (‘NDIS Act’) ss 47A(2) and 48(1)-(2)]. The NDIA will determine whether the request should be considered a:

  • variation of the Plan [s 47A] – where the change is of a minor nature and as a general rule, does not impact the total funding of the plan; or
  • reassessment (formerly review) of the Plan [s 48] – where the Plan requires reassessment due to the reassessment date, or circumstances specified in the Plan requiring reassessment, or the proposed change does not fall within a section 47A variation [ss 33(2)(c) and 48].

The NDIA can change a Plan on request of the participant or on their own initiative, in which case the NDIA must inform the participant of their decision to vary or reassess the Plan [ss 47A and 48].

A participant’s change in circumstances may occur, for example, when a participant's care or support needs significantly change, where their living arrangements change, or where they receive compensation that may impact on their funding entitlement.

Where a participant has a change in circumstances, they can complete a Change in Circumstances Form and lodge it with the NDIA. The NDIA has 21 days to make a decision to either vary or reassess the Plan, or refuse to vary or reassess the Plan, or to advise that further time will be required [ss 47A(4) and 48(3)]. The NDIA is not obliged to respond to a request and any inaction will be taken to be a decision not to change the Plan [ss 47A(5) and 48(4)].

A decision to change or refuse to change a Plan is a reviewable decision [s 99]. If a participant is unhappy with the provisions or terms of a new, varied or reassessed Plan, they can also request an internal review of the Plan [s 99]. A person unhappy with the decision made at internal review can seek further review of that decision by application to the Administrative Appeals Tribunal [s 103]. See Review of NDIA decisions.

A participant may provide the NDIA with a changed version of their statement of goals and aspirations at any time. If provided, their Plan is taken to have been varied to include that changed version [s 47].

Variation of Plan

A Plan may be varied to [s 47A]:

  • correct a minor or technical error;
  • change the reassessment date of the Plan (including any consequential variations to the participant supports and funding supports as a result of the change to the reassessment date);
  • change the statement of participant supports included in the Plan:
    • in relation to the management of the funding for supports under the Plan or other aspects of the Plan; or
    • to alter the manner in which is a support is to be provided or the specified provider of a support;
  • change the statement of participant supports included in the Plan, including the funding of supports under the plan, if:
    • the participant requires crisis or emergency funding as a result of a significant change to their support needs; or
    • the NDIA receives new information in response to a request for information previously made and the variation relates to that information [see s 50]; or
    • a minor variation is required to increase the funding of supports in the Plan.

The NDIA can make a variation to a Plan different to that requested by the participant [s 47A(9)].

Any variation of a Plan must be prepared with the participant and comply with any conditions in the National Disability Insurance Scheme Rules [s 47A(1)]. A copy of the varied Plan must be provided to the participant within seven days of the variation taking effect [s 47A(11)].

Reassessment of Plan

The NDIA must complete a reassessment of a participant’s Plan and either vary or replace the Plan prior to the reassessment date [s 49]. This process must commence before the period provided in the NDIS Rules (if any).

A plan must also be reassessed in the circumstances (if any) specified in a Plan [s 49A].

The reassessment of a Plan must result in either a variation to the Plan [s 47A] or the preparation of a new Plan with the participant [s 48(7)].

For information on the Plan review process, see the NDIS – Changing Your Plan webpage.

Can an NDIS Plan be changed?  :  Last Revised: Wed Jun 29th 2022
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.