Old framework plans continue to apply unless a participant receives a notice that they will get a new framework plan [National Disability Insurance Scheme Act 2013 (Cth) ss 32B and 32M].
Every old framework plan must include the participant’s statement of goals and aspirations [s 33(1)(a)]. The types of supports offered must be considered in the context of the participant’s goals [s 33(5)(a)].
An old framework plan must also include a statement of participant supports, which identifies the reasonable and necessary supports that will be funded and how the funding will be managed. Every plan specifies a date by which, or circumstances in which, the NDIA will reassess the plan [s 33(2)(c); s 48].
Old framework plans approved from 3 October 2024, include total funding amounts, funding component amounts and funding periods of no more than 12 months [s 33(2A)-(2F)].
Plans must comply with the National Disability Insurance Scheme Rules [s 35]. The NDIA must approve a plan within the period set in the NDIS Rules and if no Rules are prescribed, as soon as reasonably practicable [s 33(4)].
The NDIA will determine what supports are reasonable and necessary to fund according to criteria contained in section 34 of the NDIS Act. A support must meet all 6 criteria contained in section 34 for it to be considered reasonable and necessary to be funded.
This decision must be consistent with the provisions of the NDIS Act, National Disability Insurance Scheme Rules and National Disability Insurance Scheme Guidelines ('NDIS Guidelines').
The supports that the NDIS can fund include those relating to education, employment, social participation, independence, living arrangements, and health and wellbeing [National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Cth)].
For a support to be funded, it must be considered reasonable and necessary to assist the particular person.
Section 34 of the NDIS Act defines what is meant by a reasonable and necessary support:
For old framework plans approved or varied after 3 October 2024, a reasonable and necessary support must also be necessary to address the needs of the participant arising from impairments that meet either the disability [s 24] or early intervention requirements [s 25] of the NDIS, or both.
Additional guidelines apply to the provision of particular types of supports, such as assistive technology, vehicle modifications, home modifications, and others. For more information see NDIS Guidelines: Including specific types of supports in plans.
The plan must identify who is responsible for managing the funded supports. The funding for the supports can be managed (wholly or to a specified extent) by [s 42(2)]:
Once the plan is finalised, service providers can then be chosen to provide the funded supports. In most instances once a service provider is chosen, a written Service Agreement should be agreed upon and signed by the participant and the provider.
In some instances, a participant may not be happy with the supports funded in their Plan or may disagree with a decision as to what is considered a reasonable and necessary support. They are able to seek a review of this decision [s 99], see: Review of NDIA decisions.