Document ID: chunk:federal_register_of_legislation:F2016L00792:body:0:p3
Version: federal_register_of_legislation:F2016L00792
Segment Type: other
Provision Reference: 
Character Range: 5394–8358

21(2) of the Act sets out an alternative method by which a person may meet the access criteria. If the CEO is not satisfied that a person meets the requirements set out in subsection 21(1) of the Act, the person meets the access criteria if the CEO is satisfied that each of the requirements set out in subsection 21(2) of the Act are met.

    2.6 The Act enables rules to be made prescribing requirements which the CEO must be satisfied are met before a person meets the access criteria under subsection 21(2) of the Act.

                     Paragraphs 2.5 and 2.6 summarise subsection 21(2) of the Act.

    2.7 These Rules prescribe requirements for the purposes of subsection 21(2) of the Act—see Part 3. These Rules do not relate to the preparation or management of a participant's plan, but only relate to the access criteria to become a participant. These Rules do not attempt to limit or affect the circumstances in which the CEO may be satisfied that a person meets the access criteria under subsection 21(1) of the Act.

    2.8 Part 4 deals with other matters, including interpretation of these Rules.
       Part 3 When does a person meet the access criteria?

    3.1  A person meets the access criteria under section 21(2) of the Act if the following are satisfied:

       (a) at the time of the CEO considering the request, the person satisfies the requirements in relation to residence prescribed as mentioned in subsection 23(3) (whether or not the person also satisfies the requirements mentioned in subsection 23(1));

       (b) the person was receiving supports;

           (i) at the time of the CEO considering the request; or

           (ii) at the qualifying time—see paragraph 3.2; and

       (c) the person received the supports throughout the qualifying period—see paragraph 3.3; and

       (d) the person received the supports under a qualifying program—see paragraph 3.4; and

       (e) if the person becomes a participant, the person would not be entitled to receive the supports referred to in paragraphs (b) to (d), or equivalent supports.

                   Paragraph 3.1(a) summarises subsection 21(2)(a) of the Act.
                   Paragraph 3.1(b) is made for the purposes of paragraph 21(2)(b)(i) of the Act.
                   Paragraph 3.1(c) is made for the purposes of paragraph 21(2)(b)(ii) of the Act.
                   Paragraph 3.1(d) is made for the purposes of paragraph 21(2)(b)(iii) of the Act.
                   Paragraph 3.1(e) summarises subsection 21(2)(c) of the Act.

The qualifying time

    3.2 The qualifying time is the day immediately before the relevant date specified for the relevant NDIS area in which the person resides in Schedule A of the National Disability Insurance Scheme (Becoming a Participant) Rules 2016.

                     Paragraph 3.3 is made for the purposes of paragraph 21(2)(b)(i) of the Act.

The qualifying period

    3.3 The qualifying period is the