National Disability Insurance Scheme Act 2013

An amount payable under the National Disability Insurance Scheme in respect of a participant’s plan is to be paid:

to the person determined by the CEO; and

either:

in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this subparagraph; or

if there are no such rules—in the manner determined by the CEO.

Paragraph (1)(b) extends to dealing with:

whether amounts are to be paid in instalments or as lump sums; and

if amounts are to be paid in instalments—the amounts of those instalments; and

the timing of payments of amounts.

The National Disability Insurance Scheme rules may provide that an amount is not payable to a person until the person nominates a bank account into which the amount is to be paid.

The Agency must not pay an amount under the National Disability Insurance Scheme to any person in respect of a participant’s plan if the person who made a claim under section 45A for payment of the amount has not given the CEO the information or documents requested under subsection (3B) within the specified period.

If an amount cannot be paid because of this subsection, the person may resubmit a claim for the amount in accordance with section 45A.

The CEO may, by written notice, require a person who makes a claim for a payment under section 45A to give the CEO such further information or documents in relation to the claim as the CEO reasonably requires.

However, the CEO must not require under subsection (3B) the person to give information or documents unless the CEO is satisfied that requiring the information or documents would not unreasonably interfere with or prejudice the person’s privacy.

A notice under subsection (3B) must specify a period, which must not be less than 14 days, within which the information or documents must be given.

Before the end of the specified period, the CEO may, by notice in writing given to the person, extend the period. The CEO may extend the period more than once.

The Agency may, if the CEO is satisfied it is appropriate to do so, treat an amount as if the person who made the claim under section 45A for payment of the amount has given the CEO information or documents requested under subsection (3B) within the specified period, whether or not the information or documents were given at all, or were given within the specified period.

The Agency must not pay an amount under the National Disability Insurance Scheme to any person in respect of a participant’s plan if:

the plan is a new framework plan that provides that flexible funding will be provided under the plan and the payment would result in any of the following events occurring:

the total amount of flexible funding provided under the plan exceeding the total funding amount specified in the plan under paragraph 32E(2)(a);

the total amount of flexible funding provided under the plan during a funding period exceeding the amount of funding that is to be provided under the plan during the funding period; or

the plan is a new framework plan that provides that funding will be provided under the plan for a stated support, or class of stated supports, and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for the stated support or class of stated supports exceeding any total funding amount specified in the plan under paragraph 32G(2)(a);

the total amount of funding provided under the plan for the stated support or class of stated supports during a funding period for the support or class of supports exceeding the amount of funding that is to be provided under the plan during the funding period for the support or class of supports; or

the plan is an old framework plan and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for reasonable and necessary supports exceeding the total funding amount specified in the plan;

the total amount of funding provided under the plan for reasonable and necessary supports in a group of supports to which a funding component amount relates exceeding that funding component amount;

if the plan specifies funding periods for all reasonable and necessary supports funded under the plan, taken as a whole—the total amount of funding provided under the plan for such supports during a funding period exceeding the amount of funding for such supports that is to be provided under the plan during the funding period;

if the plan specifies funding periods for one or more groups of reasonable and necessary supports—the total amount of funding provided under the plan for supports in such a group during a funding period for that group exceeding the amount of funding for supports in that group that is to be provided under the plan during the funding period.

Subsection (4) does not apply in relation to the payment of an amount if the CEO is satisfied that:

the relevant event would occur because the participant has experienced fraud or financial exploitation; or

making the payment is necessary to prevent or lessen an imminent threat to an individual’s life, health or safety; or

the participant has been unable to request a variation or reassessment of the participant’s plan because of one or more of the participant’s impairments or a lack of decision‑making support; or

the participant has requested a variation of the participant’s plan covered by subparagraph 47A(1)(d)(i) or (1AB)(j)(i) (crisis or emergency funding as a result of a significant change to the participant’s support needs), and neither of the following apply:

the CEO has made a decision on the request to vary the plan and the variation has taken effect;

the CEO has made a decision on the request not to vary the plan (including because of the operation of subsection 47A(5)); or

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exists.