Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697633203926.pdf (Australia)
National Disability Insurance Scheme Rules—Supports for participants National Disability Insurance Scheme Act 2013 (the Act) The Act establishes the National Disability Insurance Scheme (the NDIS).

Participants in the NDIS can develop a personal, goal-based plan about how they will be provided with reasonable and necessary supports.

People with disability who do not have a plan can also be assisted by the NDIS.
The NDIS will enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

National Disability Insurance Scheme Rules—Supports for participants These Rules are made for the purposes of section 35 of the Act.

These Rules are about assessment and determination of the reasonable and necessary supports that will be funded for participants under the NDIS.

These rules commence on […].
[signature block] National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 1 of 24 Contents National Disability Insurance Scheme Rules—Supports for participants Contents Part 1 What these Rules are about Part 2 Outline of these Rules Introduction to supports for participants Outline Part 3 Assessing proposed supports Value for money Effective and beneficial and current good practice Reasonable family, carer and other support Supports appropriately funded or provided through the NDIS Part 4 Needs assessment Method Use of assessment tools Specification of assessment tools in guidelines 1 2 4 5 5 6 7 7 7 8 8 10 10 10 10 Part 5 provided 11 General criteria for supports, and supports that will not be funded or General criteria for supports Supports that will not be funded or provided Part 6 Other matters Commencement Citation Interpretation Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS Health (excluding mental health) Mental health Early childhood development Child protection and family support School education 11 11 12 12 12 12 14 National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 2 of 24 Employment Housing and community infrastructure Transport Justice 19 21 22 23 National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 3 of 24 Part 1 What these Rules are about Part 1 What these Rules are about 1.1 These Rules are about assessment and determination of the reasonable and necessary supports that will be funded for participants under the NDIS.
1.2 The Act sets out a number of objects for the NDIS.

The objects that are particularly relevant to these Rules are the following: (a) supporting the independence and social and economic participation of people with disability; (b) providing reasonable and necessary supports, including early intervention supports, for participants in the NDIS launch.

1.3 In giving effect to these objects, regard is to be had to the need to ensure the financial sustainability of the NDIS.
1.4 The Act also sets out a number of principles for the NDIS.
The principles that are particularly relevant to these Rules are the following: (a) people with disability have the same right as other members of Australian society to realise their potential for physical, social, emotional and intellectual development; (b) people with disability should be supported to participate in and contribute to social and economic life to the extent of their ability; (c) people with disability and their families and carers should have certainty that people with disability will receive the care and support they need over their lifetime; (d) people with disability should be supported to receive reasonable and necessary supports, including early intervention supports; (e) reasonable and necessary supports for people with disability should: (i) (ii) support people with disability to pursue their goals and maximise their independence; and support the capacity of people with disability to undertake activities that enable them to participate in the community and in employment; (f) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected; (g) people with disability should be supported to receive supports outside the NDIS, and be assisted to coordinate these supports with the supports provided under the NDIS.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 4 of 24 Part 2 Outline of these Rules Part 2 Outline of these Rules Introduction to supports for participants 2.1 Once a person becomes a participant in the NDIS, they develop a plan with the Agency.
The plan comprises two parts: (a) (b) the participant’s statement of goals and aspirations, which is prepared by the participant and specifies their goals, objectives, aspirations and circumstances; and the statement of participant supports, which is prepared with the participant and approved by the CEO, and sets out, among other matters, the supports that will be provided or funded by the NDIS.
2.2 In deciding whether to approve a statement of participant supports, the CEO is to have regard to a range of matters set out in the Act, including the participant’s statement of goals and aspirations.
2.3 In relation to each of the supports in the statement, the CEO also needs to be satisfied of the following: (a) (b) (c) (d) (e) (f) (g) (h) the support will assist the participant to pursue the goals, objectives and aspirations included in the participant’s statement of goals and aspirations; the support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation; the support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support; the support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice; the funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide; the support is most appropriately funded or provided through the NDIS, and is not more appropriately funded or provided through other service systems (service systems is defined in paragraph 6.5); the support is not specified by these Rules as a support that will not be funded or provided under the NDIS; the funding of the support complies with the methods or criteria specified in these Rules for deciding the reasonable and necessary supports that will be funded under the NDIS.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 5 of 24 Part 2 Outline of these Rules 2.4 In administering the NDIS and in approving each plan the CEO must have regard to objects and principles of the Act including the need to ensure the financial sustainability of the NDIS and the principles relating to plans.
Outline 2.5 Part 3 sets out criteria or considerations that the CEO is to use in deciding whether the CEO is satisfied in relation to the following: (a) value for money (see paragraph 2.3(c)); (b) whether the support is effective and beneficial (see paragraph 2.3(d)); (c) taking account of the expectations of what is reasonable to expect families, carers, informal networks and the community to provide in informal supports (see paragraph 2.3(e)); (d) whether the support is appropriate under the NDIS (see paragraph 2.3(f)).
2.6 Part 4 identifies methods for assessing or measuring various matters that are relevant to decisions of the CEO in relation to supports.

2.7 Part 5 sets out general criteria for supports, and supports that will not be funded or provided (see paragraphs 2.3(g) and 2.3(h)).

2.8 Part 6 provides for other matters, such as how these Rules are to be interpreted.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 6 of 24 Part 3 Assessing proposed supports Part 3 Assessing proposed supports Value for money 3.1 In deciding whether the support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support, the CEO is to consider the following matters: (a) whether there are comparable supports which would achieve the same outcome at a substantially lower cost; (b) whether there is evidence that the support will substantially improve the outcomes for, and be of long-term benefit to, the participant; (c) whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports); (d) for supports that involve the provision of equipment or modifications: (i) the comparative cost of purchasing or leasing the equipment or modifications; and (ii) whether there are any expected changes in technology or the participant’s circumstances in the short term that would make it inappropriate to fund the equipment or modifications; (e) whether the cost of the support is comparable to the cost of supports of the same kind that are provided in the area in which the participant resides; (f) whether the support will reduce the participant’s need for other kinds of supports (for example, some home modifications may reduce a participant’s need for home care).
Effective and beneficial and current good practice 3.2 In deciding whether the support will be, or is likely to be, effective and beneficial for a participant, having regard to current good practice, the CEO is to consider the available evidence of the effectiveness of the support for others in like circumstances.

That evidence may include: (a) published and refereed literature and any consensus of expert opinion; or (b) anything the Agency has learnt through delivery of the NDIS.
3.3 In deciding whether the support will be, or is likely to be, effective and beneficial for a participant, having regard to current good practice, the CEO is to take into account, and if necessary seek, expert opinion.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 7 of 24 Part 3 Assessing proposed supports Reasonable family, carer and other support 3.4 In deciding whether funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide, the CEO is to consider the following matters: (a) for a participant who is a child: (i) that it is normal for parents to provide substantial care and support for children; and (ii) whether, because of the child’s disability, the child’s care needs are substantially greater than those of other children of a similar age; and (iii) the extent of any risks to the wellbeing of the participant’s family members or carer or carers; and (iv) whether the funding or provision of the support for a family would improve the child’s capacity or future capacity, or would reduce any risk to the child’s wellbeing; (b) for other participants: (i) (ii) (iii) (iv) the extent of any risks to the wellbeing of the participant arising from the participant’s reliance on the support of family, carers, informal networks and the community; and the extent of any risks to the wellbeing of the participant’s family members or carer or carers (for example, a child should not be expected to provide care for their parents, siblings or other relatives or be required to limit their educational opportunities); and the suitability of family, carers, informal networks and the community to provide the supports that the participant requires; and the extent of any difference between the age of the participant and the age of any family members caring for the participant, and the appropriateness of that difference; and (v) the extent to which informal supports contribute to or detract from the outcomes to the participant; (c) for all participants—the desirability of supporting and developing the potential contributions of informal supports and networks within their communities.
Supports appropriately funded or provided through the NDIS 3.5 The Schedule sets out matters for the CEO to have regard to in considering whether supports are most appropriately funded or provided through the NDIS, rather than through other service systems (service systems is defined in paragraph 6.5).
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 8 of 24 Part 3 Assessing proposed supports 3.6 The matters to have regard to are set out under the following headings in the Schedule: (a) Health (excluding mental health); (b) Mental health; (c) Early childhood development; (d) Child protection and family support; (e) School education; (f) Employment; (g) Housing and community infrastructure; (h) Transport; (i) Justice.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 9 of 24 Part 4 Needs assessment Part 4 Needs assessment Method 4.1 When deciding whether or not to approve a statement of participant supports under section 33 of the Act, the CEO is to: (a) identify the participant’s goals, aspirations, strengths, capacity, circumstances and context; and (b) assess activity limitations, participation restrictions and support needs arising from a participant’s disability; and (c) assess risks and safeguards in relation to the participant; and (d) relate support needs to the participant’s statement of goals and aspirations.
Use of assessment tools 4.2 When following the method in paragraph 4.1, the CEO is to make assessments of the matters that relate to the decision using any appropriate tools that are specified in operational guidelines in accordance with this Part from time to time.

4.3 The CEO is to ensure that tools are applied appropriately to each participant.

For example, a participant should not be assessed on matters that are not relevant to them.
Specification of assessment tools in guidelines 4.4 The CEO is to specify, in operational guidelines, assessment tools to be used under paragraph 4.2 to make assessments of matters relating to a decision about participant supports.

4.5 Without limitation, the CEO may specify: (a) different tools to be used for adults and children; and (b) tools that are specifically tailored to particular disabilities.
4.6 A tool must: (a) be designed to ensure the fair and transparent assessment of reasonable and necessary supports for participants (including early intervention supports); and (b) be consistent with areas of activity and social and economic participation identified in the World Health Organisation International Classification of Functioning, Disability and Health as in force from time to time.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 10 of 24 Part 5 General criteria for supports, and supports that will not be funded or provided Part 5 General criteria for supports, and supports that will not be funded or provided General criteria for supports 5.1 A reasonable and necessary support will not be funded under the NDIS if: (a) it is likely to cause harm to the participant or pose a risk to others; or (b) it is not related to the participant’s disability; or (c) (d) it duplicates other supports delivered under alternative funding through the NDIS; or it relates to day-to-day living costs that are of a kind that are incurred by general members of the community (for example, standard rent, groceries and utility fees) and not as a result of the participant’s disability support needs.
5.2 The day-to-day living costs referred to in paragraph 5.1(d) do not include the following: (a) (b) costs that are incurred by a participant solely and directly as a result of their disability support needs; costs that are ancillary to another support that is funded or provided under the participant’s plan, and which the participant would not otherwise incur.
Supports that will not be funded or provided 5.3 The following supports will not be provided or funded under the NDIS: (a) a support the provision of which would be contrary to: (i) a law of the Commonwealth; or (ii) a law of the State or Territory in which the support would be provided; (b) a support that consists of income replacement.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 11 of 24 Part 6 Other matters Part 6 Other matters Commencement 6.1 These rules commence on … Citation 6.2 These rules may be cited as the National Disability Insurance Scheme Rules— Supports for participants.

Interpretation 6.3 These Rules include text that summarises provisions of the Act.

The boxed notes identify such text, which does not form an operative part of these Rules.
6.4 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which contain definitions and rules of interpretation that apply to all Commonwealth legislation.

For convenience, the more important definitions from the Act are identified or reproduced in paragraph 6.5.

6.5 In these rules: Act means the National Disability Insurance Scheme Act 2013.
Agency—see section 9 of the Act.

CEO—see section 9 of the Act.

general supports—see section 9 of the Act.

NDIS means the National Disability Insurance Scheme (see section 9 of the Act).

NDIS rules means the National Disability Insurance Scheme rules (see section 9 of the Act).

participant—see section 9 of the Act.

participant’s statement of goals and aspirations—see section 9 of the Act.
service systems means general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered: (a) as part of a universal service obligation; or National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 12 of 24 Part 6 Other matters (b) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability.
statement of participant supports—see section 9 of the Act.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 13 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS 7.1 The Act limits the supports that can be provided or funded under the NDIS to supports that are not more appropriately funded or provided through other service systems, for example as part of a universal services obligation or in accordance with the reasonable adjustment requirements required under Commonwealth, State or Territory anti-discrimination legislation.
7.2 The guiding principles and examples set out in this Schedule must be taken into account by the CEO in deciding whether a support is more appropriately provided or funded by the NDIS or another service system.
7.3 For the avoidance of doubt, while this Schedule sets out considerations relevant to whether a support should be considered to be more appropriately provided or funded through another service system, it does not purport to impose any obligations on another service system to fund or provide particular supports.
Health (excluding mental health) Guiding principles 7.4 The NDIS will be responsible for: (a) supports that are related to a person’s ongoing functional impairment; and (b) supports that enable the person to undertake activities of daily living, including maintenance supports delivered or supervised by clinically trained or qualified health practitioners (including allied health practitioners) where these are directly related to a functional impairment and integrally linked to the care and support a person requires to live in the community.
7.5 The NDIS will not be responsible for: (a) the diagnosis and clinical treatment of health conditions, including ongoing or chronic health conditions; or (b) other activities that aim to improve the health status of Australians, including general practitioner services, medical specialist services, dental care, community nursing, allied health services (including acute and post- acute services), preventive health, care in public and private hospitals and pharmaceuticals; or (c) funding time-limited, goal-oriented services and therapies: (i) where the predominant purpose is treatment directly related to the person’s health status; or National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 14 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS (ii) provided after a recent event, with the aim of improving the person’s functional status, including rehabilitation or post-acute care; or (d) palliative care.
Supports most appropriately funded or provided through the NDIS 7.6 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) certain elements of community re-integration which enable the participant to live in the community, eg personal support and home modifications; (b) permanent prosthetics, othoses and specialist hearing and vision supports (excluding surgical services and prescription glasses) where these supports directly relate to a person’s functional impairment; (c) (d) (e) (f) allied health and other therapy directly related to increasing, maintaining or managing a person’s functional capacity including occupational therapy, speech therapy and physiotherapy, and specialist behaviour interventions (excluding therapies provided for the purposes of rehabilitation); the delivery or supervision of care by clinically trained staff, required as a result of a person’s functional impairment and integral to a person’s ongoing care and support to live in the community and participate in education and employment (ie nursing or delegated care for ongoing high care needs, eg PEC feeding, catheter changes, skin integrity checks or trachea tube changes); the delivery of routine, non-clinical care to enable activities of daily living (eg routine bowel care and oral suctioning); assistance for a person with complex communication needs or challenging behaviours to access health services, including in accessing hospitals and in-patient facilities.
Mental health Guiding principles 7.7 The NDIS will be responsible for non-clinical support that focuses on a person’s functional ability, including support that enables a person with mental illness to undertake activities of daily living and participate in the community and social and economic life.
7.8 The NDIS will not be responsible for (a) supports related to mental health that are clinical in nature, including acute, ambulatory and continuing care; or National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 15 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS (b) early intervention designed to reduce the progression of mental health condition (as early interventions in relation to mental health conditions are primarily the responsibility of the health system); or (c) any residential care where the primary purpose is for treatment or rehabilitation, or where the services model primarily employs clinical staff.
Supports most appropriately funded through the NDIS 7.9 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) support for community (re)integration and day-to-day living including assistance with planning, decision-making, personal hygiene, household chores, financial management, tenancy support, transport and non-clinical residential accommodation; (b) allied health and other therapy directly related to managing or reducing the functional impact of a person’s psychiatric condition on undertaking activities of daily living or social and economic participation, including social and communication skills development, and behavioural and cognitive interventions; (c) (d) support in helping a person to independently access and maintain participation in mainstream community resources, including recreation, education, training and employment, and primary health care, where the support is needed to address barriers relating directly to functional impacts of a participant’s condition; community supports aimed at increasing a person’s ability to live independently in the community or to participate in social and economic activities, including in-home and centre-based care, recreational activities, day centre services and holiday care, and community access (including life skills and social skills day programs).
Early childhood development Guiding principles 7.10 The NDIS will responsible for individualised supports, specific to a child’s disability (or developmental delay), which are additional to the needs of children of a similar age and beyond the reasonable adjustment requirements of early childhood development service providers.
7.11 The NDIS will fund or provide early interventions for children with disability (or developmental delay) which are: (a) specifically targeted at enhancing a child’s functioning to undertake activities of daily living, but not supports which are specifically for the National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 16 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS purpose of accessing a universal service (ie education including eg school readiness programs); and (b) likely to reduce the child’s future support needs, which would otherwise require support from the NDIS into the future, including through a combination and sequence of supports but not supports of a type described in the paragraph below.
7.12 The NDIS will not be responsible for: (a) meeting the standard early childhood education and care needs of a child with a developmental delay or disability required by children of a similar age; or (b) (c) supports, which are clinical in nature provided in the health system, including acute, ambulatory or continuing care; or new-born follow-up provided in the health system, including child and maternal health services.
Supports most appropriately funded or provided through the NDIS 7.13 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) post-diagnosis information, linkages, referrals and coordination with community and early childhood mainstream and specialist services; (b) additional supports required by a child as a direct result of their impairment, above the needs of other children of a similar age and beyond the legislative requirements applicable to early childhood development service providers in that jurisdiction; (c) therapies that are likely to increase a child’s level of functioning towards that of other children of a similar age without which the child is likely to require NDIS funded supports in the future (except where these are clinical in nature or aimed at treating a medical condition); (d) high-level behaviour management supports attributable to a child’s impairment.
Child protection and family support Guiding principles 7.14 The NDIS will be responsible for: (a) supports, if a child is in out-of-home care, specific to the child’s disability (or developmental delay), which are additional to the needs of children of similar ages, in similar out-of-home care arrangements.
The supports would National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 17 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS be similar to those that would be available under the NDIS were the participant child not in out-of-home care; and (b) supports for children, families and carers required as a direct result of a child’s disability that enable families and carers to sustainably maintain their caring role, including therapeutic and behavioural supports and additional respite.
7.15 The NDIS will not be responsible for: (a) statutory child protection services required by families who have entered, or are at risk of entering, the statutory child protection system; or (b) parenting programs, counselling or other supports for families, which are provided to families more broadly in the community; or (c) funding or providing out-of-home care for participant children.
Supports most appropriately funded through the NDIS 7.16 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided under the NDIS: (a) disability-specific intensive family supports, which are required as a direct result of a person’s functional impairment, including for parents with disability; (b) disability-specific parenting education and training programs; (c) reasonable and necessary care and support needs of children with disability in out-of-home care where these supports arise from the child’s disability (noting the levels of support will reflect different out-of-home care arrangements) including: (i) skills and capacity building for children with disability; and (ii) supports to enable sustainable informal care; and (iii) home modifications; and (iv) therapeutic and behaviour support; and (v) equipment and transport needs (where consistent with other guidance in this Schedule, for example relating to transport).
School education Guiding principles 7.17 The NDIS will be responsible for supports of daily living alone that a student would require whether or not the student is at school (that is, those associated with the functional impact of the student’s disability on their activities of daily National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 18 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS living, such as personal care and support).
The NDIS may also be responsible for the costs of transport to and from school which are over and above those which would be payable by a person without disability.

7.18 The NDIS will not be responsible for the support needs of students where these needs primarily relate to their educational attainment (including teaching, learning assistance and aids, school building modifications and transport between school activities).
Supports most appropriately funded through the NDIS 7.19 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) personal supports at schools or educational facilities that are required by an individual regardless of the activity they are undertaking, such as assistance with feeding and managing airways or ventilation; (b) portable aids and equipment at schools or education facilities that are required by an individual regardless of the activity they are undertaking, such as hearing aids, wheelchairs, or personal communications devices; (c) (d) specialist transport to and from schools or education facilities required as a result of a person’s disability (where no other transport option is available and not substituting for parental responsibility); specialised support and training for school staff related to the specific personal support needs of the participant, including specific behaviour management plans; (e) non-clinical allied health and other therapies to support a student’s functional capacity which are delivered in schools or other education facilities for non-educational purposes.
Employment Guiding principles 7.20 The NDIS will be responsible for: (a) individualised assistance to support a person with disability to transition into employment, where these support needs are additional to the needs of all Australians and specifically required as a result of a person’s functional impairment, eg training on dress, workplace relationships, communication skills, punctuality and attendance, and travelling to and from work; and (b) frequent and ongoing supports that assist a person with disability to take part in work where the person has work capacity and is unlikely to be able National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 19 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS to find or retain work in the open market, including with the assistance of employment services; and (c) supports related to daily living that a person would require irrespective of whether they are working or looking for work (including personal care and support to be ready for work).
The NDIS may also be responsible for the costs of transport to and from work which are over and above those which would be payable by a person without disability.
7.21 The NDIS will not be responsible for: (a) work-specific support to people with disability related to recruitment processes, work arrangements or the working environment where these are required as reasonable adjustments under Commonwealth, State or Territory anti-discrimination legislation, including workplace modifications, work-specific aids and equipment, and transport between work activities; or (b) the funding or provision of employment services and programs, including both disability-targeted and open employment services, to provide advice and support to: (i) (ii) people with disability to prepare for, find and maintain jobs; or employers to encourage and assist them to hire and be inclusive of people with disability in the workplace (ie support, training and resources, funding assistance to help employers make reasonable adjustments, and incentives for hiring people with disability eg wage subsidies).
Supports most appropriately funded through the NDIS 7.22 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) personal attendant care in the workplace (such as assistance with personal care); (b) aids and equipment related to the person’s functional needs (such as a wheelchair); (c) (d) (e) transport to and from work for a person unable to use public transport where this assistance is required irrespective of the activity they are undertaking; specialised or targeted employment support related to the nature of a person’s disability; transition support into employment where a person’s support needs are additional to the needs of all Australians and specifically related to the person’s disability (for example, training on travelling to and from work, National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 20 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS dress and hygiene, relationships with colleagues, communication skills, and punctuality and attendance).
Housing and community infrastructure Guiding principles 7.23 The NDIS will be responsible for: (a) supports to assist a person with disability to live independently in the community, including supports required as a direct result of the person’s disability that will enable them to access and maintain accommodation and tenancies; and (b) home modifications for accessibility for a person in private dwellings; and (c) home modifications for accessibility for a person in legacy public and community housing dwellings on a case-by-case basis; and (d) user costs of capital in limited situations where a person requires an integrated housing and support model and the cost of the accommodation component exceeds a reasonable contribution from individuals.
7.24 The NDIS will not be responsible for: (a) general housing and accommodation or homelessness-specific and emergency accommodation or routine tenancy support or home maintenance; or (b) homelessness-specific services; or (c) the improvement of community infrastructure ie accessibility of the built and natural environment, where this is managed through other planning and regulatory systems and through building modifications and reasonable adjustment where required.
Supports most appropriately funded through the NDIS 7.25 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) (b) supports that build a person’s capacity to live independently in the community, including living skills training, money and household management, social and communication skills and addressing behaviours of concern, where these needs arise from a person’s functional impairment; supports to assist a person to obtain and maintain accommodation or tenancies where these support needs arise from their functional impairment; (c) user costs of capital in some circumstances; National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 21 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS (d) reasonable and necessary home modifications to private dwellings (and legacy public or community dwellings in limited circumstances).
Transport Guiding principles 7.26 The NDIS will be responsible for: (a) supports for a person that enable independent travel, including through personal transport-related aids and equipment, or training to use public transport; and (b) modifications to a private vehicle (but not to public transport vehicles or taxis); and (c) (d) options for a person who is unable to travel independently as a result of their disability, including support that will enable the person to use public transport and reduce their need for taxis and other private transport to access education, employment services and community activities; and the reasonable and necessary costs associated with the use of taxis or other private transport options, where public transport is inaccessible or unavailable.
7.27 The NDIS will not be responsible for: (a) ensuring that public transport options are accessible to a person with disability, including through the funding of concessions; or (b) (c) compliance with relevant anti-discrimination legislation including the Disability Standards for Accessible Public Transport 2002; or transport infrastructure, including road and footpath infrastructure, where this is part of a universal service obligation or reasonable adjustment (including managing disability parking and related initiatives).
Supports most appropriately funded through the NDIS 7.28 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) training and support to use public transport; (b) modifications to private vehicles; (c) (d) costs associated with the use of private or community transport for a person who cannot travel independently because of their disability; costs associated with the use of taxis for a person who cannot travel independently because of their disability and where other public transport is unsuitable, either because of accessibility problems or availability.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 22 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS Justice Guiding principles 7.29 The NDIS will be responsible for: (a) specialised supports to increase a person’s capacity to live independently in the community, including supports that address behaviours of concern (offence related causes) eg social and communication skills; and (b) where a person is in a custodial settingsupports which are required as a result of the person’s functional impairment and are additional to supports required by the general population in relation to the following: (i) aids and appliances; and (ii) capacity and skills building to re-enter the community.
7.30 Where a person is engaging in community corrections, the funding of reasonable and necessary supports (if any), will take account of the impact of a community correction obligation imposed on the person as if it were an activity of daily living.
7.31 The NDIS will not be responsible for: (a) where a person with disability is in a custodial settingmeeting the person’s day-to-day care and support needs, where these supports are also required by the general custodial population, including personal care; or (b) general supports to enable skill development and living skills and promote the effective transition of a person with disability out of custodial settings, in line with supports offered to other people in custody.
Supports most appropriately funded through the NDIS 7.32 Having regard to the guiding principles above, the following are examples of supports that would ordinarily be most appropriately funded or provided through the NDIS: (a) (b) for a person in the communitysupports directed at addressing behaviours of concern (offence related causes), such as training in social and communication skills, where these are additional to the needs of the general population and relate to the person’s functional impairment; for a person in a custodial settingsupports which are additional to supports required by the general population, relate to the person’s functional impairment, and which fall within one of the following categories: (i) (ii) aids and equipment; disability specific capacity and skills building supports which relate to a person’s ability to live in the community post-release; National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 23 of 24 Schedule 1 Considerations relating to whether supports are most appropriately funded through the NDIS (c) supports to enable a person to successfully re-enter the community, including accommodation supports.
National Disability Insurance Scheme Rules—Supports for participants DRAFT Page 24 of 24