National Disability Insurance Scheme (Old Framework Plans) Determination 2024

A decision‑maker must take into account the matters mentioned in subsection (2) in specifying for the purpose of paragraph 33(2C)(b) of the Act when funding periods are to start and end.

The matters are as follows:

whether section 46 of the Act is unlikely to be complied with in relation to the plan;

whether the participant is at risk of experiencing fraud or financial exploitation;

whether a funding period of a particular duration would likely result in the participant experiencing physical, mental or financial harm;

whether any of the following is an insolvent under administration:

the participant;

the participant’s nominee (if any);

if the participant is a child—a person who may do a thing in relation to the participant because of section 74 of the Act;

whether there is a risk of an event mentioned in paragraph 45(4)(c) of the Act occurring in relation to the plan;

the total funding amount for the plan;

the nature and cost of the reasonable and necessary supports specified in the plan;

any preference the participant has expressed as to the duration of the funding periods;

whether the participant has requested the CEO to vary or conduct a reassessment of any of the participant’s plans on more than one occasion without giving the CEO information or documents demonstrating a change in the participant’s circumstances;

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

For the purposes of subparagraphs 33(2D)(d)(i) and (e)(i) of the Act, the following periods must start on the day the plan comes into effect:

if funding periods are specified as mentioned in subparagraph 33(2C)(a)(i) of the Act—the first funding period for all reasonable and necessary supports funded under the plan, taken as a whole;

if funding periods are specified as mentioned in subparagraph 33(2C)(a)(ii) of the Act—the first funding period for a group of supports identified under paragraph 33(2A)(b) of the Act.

Subsection (3) does not apply if the period is specified in varying the plan.