Document ID: chunk:federal_register_of_legislation:F2018C00165:body:0:p4
Version: federal_register_of_legislation:F2018C00165
Segment Type: other
Provision Reference: 
Character Range: 8320–11160

person has become a participant
    2.8 Once a person has become a participant, their plans will be prepared in accordance with the Act and relevant rules made under section 32A of the Act.  The participant's supports, if any, will be determined in accordance with the Act and the National Disability Insurance Scheme (Supports for Participants) Rules 2013. Where necessary, decisions under the Act (e.g. about supports) will be made with a nominee or a child's representatives (see the National Disability Insurance Scheme (Nominees) Rules 2013 and the National Disability Insurance Scheme (Children) Rules 2013).

       Part 3 When does a person meet the age requirements?
    3.1 Generally, a person meets the age requirements if the person was aged from birth up to 65 when the access request in relation to the person was made.
                     This summarises paragraph 22(1)(a) of the Act.
    3.2 However, additional age requirements apply, as set out in Schedule A to this Instrument.
    3.3. Additional age requirements do not apply to a person who, on 1 July 2016, resides in Tasmania and is accessing Tasmanian funded Supported Accommodation.

       Part 4 When does a person meet the residence requirements?
    4.1 A person meets the residence requirements if they:
       (a) reside in Australia; and
       (b) are either an Australian citizen, the holder of a permanent visa, or a special category visa holder who is a protected SCV holder; and
       (c) meet the additional residence requirements—see paragraphs 4.3 to 4.6.
                   Paragraphs 4.1(a) and (b) summarise paragraphs 23(1)(a) and (b) of the Act. (A range of factors are relevant to whether a person resides in Australia: see subsection 23(2) of the Act). Paragraph 4.1(c) is made for the purposes of paragraph 23(1)(c) of the Act.
    4.2 The residence requirements in paragraphs 4.1(a) and (b) apply when a person seeks to become a participant in the NDIS, and continue to apply after the person becomes a participant. If a person stops meeting these residence requirements, their status as a participant in the NDIS can be revoked.
                     This summarises paragraph 30(1)(a) of the Act.

The additional residence requirements – general
    4.3 Schedule A sets out when a person meets the additional residence requirements by virtue of residence.
    4.4 Despite paragraph 4.3, a child also meets the additional residence requirements if:
       (a) at least one of the child's birth parents who cares for that child resides in an NDIS area set out in Schedule A on or after the relevant date specified in Schedule A; or
        (b) the child comes to be in the care of a person who has ongoing parental responsibility for that child and who resides in an NDIS area set out in Schedule A on or after the relevant date specified