National Disability Insurance Scheme (Old Framework Plans) Determination 2024

A decision‑maker must take into account the matters mentioned in subsection (2) in deciding for the purposes of paragraph 33(2A)(b) of the Act whether one or more reasonable and necessary supports (the relevant supports) should be categorised:

into a group with one or more other reasonable and necessary supports; or

as a separate group.

The matters are as follows:

the nature of the relevant supports;

the cost of the relevant supports (having regard to any quotes provided for the supports);

any requirements relating to the provision of the relevant supports to the participant, including requirements relating to who may provide the supports;

whether the relevant supports are necessary to address needs of the participant arising from an impairment in relation to which the participant meets the early intervention requirements;

whether categorising the relevant supports in a particular way would present a risk to the participant;

the proposed management of the funding for the relevant supports under the plan;

whether section 46 of the Act has not been complied with in relation to any of the participant’s plans.

The decision‑maker may also take into account any other matter the decision‑maker considers relevant.

Supports that are recurring transport supports must not be categorised into a group with supports that are not recurring transport supports.