Document ID: chunk:federal_register_of_legislation:F2013L01414:body:0:p7
Version: federal_register_of_legislation:F2013L01414
Segment Type: other
Provision Reference: 
Character Range: 16280–19226

is required to be reviewed in accordance with paragraph 33(2)(c) of the Act.

    3.18 For paragraph 3.17, the identification must be:

       (a) in accordance with any applicable actuarial model published by the Agency on its website at the time the calculation is undertaken; and

       (b) done in consultation with the person or entity that administers the scheme.

Compensation reduction amount—agreement to give up compensation

    3.19 In the case of an agreement mentioned in paragraph 3.1(d), the CEO is to identify the compensation reduction amount as follows:

       (a) assess the likely amount of the NDIS component of compensation that participant would have received under a judgement (other than a consent judgement) had the participant made a claim for compensation in respect of the personal injury (NDIS component is defined in paragraph 4.4);

       (b) subtract the amount of any reduction in funding under paragraph 3.5 that occurred in relation to a previous plan of the participant;

       (c) subtract an amount that the CEO considers equivalent to the total of the amounts that were paid by the participant for supports, being supports of a kind funded under the Act, after incurring the injury and before becoming a participant.

    3.20 If a compensation reduction amount has also been identified in respect of the injury under paragraph 3.11 or 3.13, paragraph 3.19 is to be applied with the following modifications:

       (a) between the steps in paragraphs 3.19(a) and (b), subtract the compensation reduction amounts identified under paragraphs 3.11 or 3.13:

       (b) reduce from the amount to be subtracted under paragraph 3.19(b) any amount subtracted in respect of the injury under paragraph 3.11(c) or 3.13(i);

       (c) reduce from the amount to be subtracted under paragraph 3.19(c) any amount subtracted in respect of the injury under paragraph 3.11(b) or 3.13(f).

    3.21 If, by subtracting a particular amount under paragraph 3.19, the compensation reduction amount would be reduced to nil or less than nil, the CEO must only subtract so much of the amount that would reduce the compensation reduction amount to nil.
       Part 4 Other matters

Citation

    4.1 These rules may be cited as the National Disability Insurance Scheme (Supports for Participants—Accounting for Compensation) Rules 2013.

Interpretation

    4.2 These Rules contain text that summarises provisions of the Act or describes expectations as to what will normally occur in practice under the NDIS, as well as operative rules. The boxed notes identify such text, which does not form an operative part of these Rules.

    4.3 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, which also contains definitions and rules of interpretation that apply to all Commonwealth legislation. (See