Document ID: chunk:federal_register_of_legislation:C2022A00027:clause:1_47a:p1
Version: federal_register_of_legislation:C2022A00027
Segment Type: clause
Provision Reference: sch 1 cl 47A (pt 1/3)
Character Range: 16448–19155

47A  Variation of participant's plan on request of participant or CEO's own initiative
 (1) The CEO may, in writing, vary a participant's plan (except the participant's statement of goals and aspirations) if:
 (a) the variation:
 (i) is covered by subsection (1A); or
 (ii) is a correction of a minor or technical error; and
 (b) any conditions prescribed by the National Disability Insurance Scheme rules are satisfied.
Each variation must be prepared with the participant.
 (1A) For the purposes of subparagraph (1)(a)(i), the following variations of a participant's plan are covered:
 (a) a variation to the reassessment date of the plan;
 (b) a variation of the statement of participant supports included in the plan in relation to the management of:
 (i) the funding for supports under the plan; or
 (ii) other aspects of the plan;
 (c) a variation of the statement of participant supports included in the plan if:
 (i) the statement specifies that a support is to be provided by a specified provider, or in a specified manner; and
 (ii) the variation is to specify that the support is to be provided by another provider, or in another manner, as the case may be;
 (d) a variation of the statement of participant supports included in the plan, or of the funding of supports under the plan, if:
 (i) 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; or
 (ii) after the participant's plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO's own initiative), and the variation relates to that information; or
 (iii) the variation is made for the purposes of dealing with a change to the reassessment date of the participant's plan; or
 (iv) the variation is a minor variation that results in an increase to the funding of supports under the participant's plan.
Note 1: Information mentioned subparagraph (d)(ii) could relate to a support such as an item of assistive technology or a home modification.
Note 2: A statement of participant supports in a participant's plan must give effect to the plan management request of a participant except in certain circumstances (see subsection 43(2)).
Note 3: In varying the participant's plan in relation to the statement of participant supports, the CEO must have regard to the matters set out in subsection (3) of this section.

Variation on request of participant or CEO's own initiative
 (2) The CEO may vary the participant's plan on request of the participant or