Document ID: chunk:federal_register_of_legislation:F2025L00280:reg:5:p1
Version: federal_register_of_legislation:F2025L00280
Segment Type: reg
Provision Reference: reg 5 (pt 1/3)
Character Range: 2260–5113

5  Variation of a participant's plan—conditions that must be satisfied
 (1) This section is made for the purposes of paragraph 47A(1)(b) of the Act.

Conditions to be satisfied – variation of plan's reassessment date
 (2) For a variation covered by paragraph 47A(1A)(a) that is a variation of the plan's reassessment date, it is a condition that the variation will not result in the plan being in effect for more than 5 years without a reassessment.

Conditions to be satisfied – significant change requiring crisis or emergency funding
 (3) For a variation covered by subparagraph 47A(1A)(d)(i), the following conditions must be satisfied:
 (a) the significant change to the participant's support needs includes a significant change to the participant's need for NDIS supports; and
 (b) the participant's support needs have significantly changed as a result of one or more of the following:
 (i) a change in the participant's functional capacity;
 (ii) a change in the participant's informal supports;
 (iii) a change in the participant's living arrangements; and
 (c) the significant change to the participant's support needs requires an urgent change to the participant's plan; and
 (d) one of the following applies in relation to the crisis or emergency funding that the participant requires:
              (i) the funding is for supports that are required for a specific period of time; or
 (ii) the funding is for a support that is to be provided on a one-off basis; and
 (e) the crisis or emergency funding required by the participant is appropriately funded or provided by the NDIS and is not more appropriately funded or provided under another law or program of the Commonwealth or a law or program of a State or Territory.
Note: Subparagraph 47A(1A)(d)(i) provides that the CEO may vary the statement of participant supports included in a participant's old framework plan, or of the funding of supports under the plan, if the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant's support needs.

Conditions to be satisfied – minor variation that results in an increase to the funding of supports under the participant's plan
 (4) This subsection applies to a variation covered by subparagraph 47A(1A)(d)(iv)  if that variation will specify an additional reasonable and necessary support in the participant's statement of participant supports.
Note: Subparagraph 47A(1A)(d)(iv) provides that the CEO may vary the statement of participant supports included in a participant's old framework plan, or of the funding of supports under the plan, if the variation is a minor variation that results in an increase to the funding of supports under the participant's plan.
 (5) For a variation to which subsection (4) applies, the following conditions must be satisfied:
 (a)