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:
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 applying to the Administrative Review 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 old framework plan may be varied to [s 47A(1A)]:
A new framework plan may be varied pursuant to sections 47A(1AA) and (1AB) of the NDIS Act.
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]. An old framework plan will not be reassessed if a participant has been given notice under s 32B(2) that they are to get a new framework plan [s 49B]. See New framework plans.
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 more information on the these processes for changing a Plan, see the NDIS website – Changing Your Plan webpage.
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
.png)
.jpg)
.jpg)
.jpg)
Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
.png)
.png)
