Qualifying residence requirement (additional residence requirement NDIS rules 4.6 ‑ 4.8)
16 Qualifying residence requirement (additional residence requirement NDIS rules 4.6 ‑ 4.8)
A person meets the qualifying residence requirement if —
on 1 July 2014 the person resides in the Lower South West area; or
on 1 July 2015 the person resides in the Cockburn‑Kwinana area; or
on 1 October 2016 the person resides in the Ranges area; or
on 1 January 2017 the person resides in the 2017 expansion area; or
on 1 July 2017 the person resides in the Kimberley‑Pilbara area, the Mandurah‑Rockingham area or the Perth Hills area.
A person also meets the qualifying residence requirement if —
at least one of the following applies —
the person starts to reside in the Lower South West area at any time after 1 July 2014;
the person starts to reside in the Cockburn‑Kwinana area at any time after 1 July 2015;
the person starts to reside in the Ranges area at any time after 1 October 2016;
the person starts to reside in the 2017 expansion area at any time after 1 January 2017;
the person starts to reside in the Kimberley‑Pilbara area, the Mandurah‑Rockingham area or the Perth Hills area at any time after 1 July 2017;
and
the person starts to reside in that area for the dominant purpose of accessing supports not provided under the Act (for example, education, employment, health care or family support); and
exceptional circumstances apply — for example, the person would suffer significant financial or personal hardship, which could reasonably be expected to significantly undermine the person’s wellbeing or social or economic participation, by reason of not being a participant.
A child also meets the qualifying residence requirement if —
the child is born after 1 July 2014, and at least one of the child’s birth parents who cares for that child resides in the Lower South West area on the day the child is born; or
the child is born after 1 July 2015, and at least one of the child’s birth parents who cares for that child resides in the Cockburn‑Kwinana area on the day the child is born; or
the child is born after 1 October 2016, and at least one of the child’s birth parents who cares for that child resides in the Ranges area on the day the child is born; or
the child is born after 1 January 2017, and at least one of the child’s birth parents who cares for that child resides in the 2017 expansion area on the day the child is born; or
the child is born after 1 July 2017, and at least one of the child’s birth parents who cares for that child resides in the Kimberley‑Pilbara area, the Mandurah‑Rockingham area or the Perth Hills area on the day the child is born; or
at a time after 1 July 2014, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Lower South West area since 1 July 2014, and this will be the child’s place of residence; or
at a time after 1 July 2015, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Cockburn‑Kwinana area since 1 July 2015, and this will be the child’s place of residence; or
at a time after 1 October 2016, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Ranges area since 1 October 2016, and this will be the child’s place of residence; or
at a time after 1 January 2017, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the 2017 expansion area since 1 January 2017, and this will be the child’s place of residence; or
at a time after 1 July 2017, the child comes to be in the care of a person who has ongoing parental responsibility for that child and who has resided in the Kimberley‑Pilbara area, the Mandurah‑Rockingham area or the Perth Hills area since 1 July 2017, and this will be the child’s place of residence; or
in the case of a child whose parents are separated and who spends time with each parent —
at least one of the child’s parents meets the qualifying residence requirement in subregulation (1); or
the following apply —
at least one of the child’s parents started to reside in the Lower South West area after 1 July 2014, or in the Cockburn‑Kwinana area after 1 July 2015, or in the Ranges area after 1 October 2016, or in the 2017 expansion area after 1 January 2017, or in the Kimberley‑Pilbara area, the Mandurah‑Rockingham area or the Perth Hills area after 1 July 2017, for the dominant purpose of the child accessing supports that are not provided under the Act (for example, education, employment, health care or family support);
exceptional circumstances apply — for example, the child would suffer significant personal hardship (including because of financial hardship to the parent), which could reasonably be expected to significantly undermine their wellbeing or social or economic participation, by reason of not being a participant.
[Regulation 16 inserted: Gazette 30 Jun 2014 p. 2397-9; amended: Gazette 14 Jun 2016 p. 1821‑2 and 1823; 30 Dec 2016 p. 5971‑2; 16 Jun 2017 p. 2932‑3; 30 Jun 2017 p. 3560.]
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