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COMMONWEALTHAct
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s 41

Suspension of plans

In force
Chapter 3Participants and their plans
Part 2Participants’ plans
Division 2Preparing participants’ plans
Subdivision EWhen a plan is in effect etc.

41 Suspension of plans

(1)

A statement of participant supports in a participant’s plan is suspended:

(aa)

as mentioned in paragraph 36(4)(b) (which deals with failure to provide information or reports for an assessment under section 32L); and

(a)

as mentioned in subsection 40(3) (which deals with temporary absence from Australia); and

(b)

as mentioned in subsection 105(2) (which deals with obtaining compensation).

(2)

The effect of suspension of a statement of participant supports in a participant’s plan is that the plan remains in effect but, during the period of suspension:

(a)

a person is not entitled to be paid NDIS amounts so far as the amounts relate to supports that are acquired or provided during that period; and

(b)

the Agency is not required to provide or fund other supports under the plan, but is not prevented from doing so if the CEO considers it appropriate; and

(c)

the participant is not entitled to make a request under subsection 47A(2) for a variation of the plan or make a request under subsection 48(2) for a reassessment of the plan.

(3)

The National Disability Insurance Scheme rules may specify circumstances in which specified supports are taken to be, or not to be, acquired or provided during the period of suspension for the purposes of subsection (2).

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