Document ID: chunk:federal_register_of_legislation:F2017C00101:body:0:p4
Version: federal_register_of_legislation:F2017C00101
Segment Type: other
Provision Reference: 
Character Range: 7985–10960

is a child, or is represented by a plan nominee, the CEO is to have regard to the following:

       (a) the capacity of the child's representative or the plan nominee to manage finances;

       (b) whether the child's representative or the plan nominee has an interest that could lead a reasonable person to consider that NDIS amounts within their  control might be spent other than in accordance with the participant's plan;

       (c) whether, and the extent to which, any risks could be mitigated by any safeguards or strategies the Agency could put in place through the participant's plan.

Unreasonable risk in other cases

    3.8 Otherwise, the CEO is to have regard to the following:

       (a) whether material harm, including material financial harm, to the participant could result if the participant were to manage the funding for supports to the extent proposed, taking into account the nature of the supports identified in the plan;

       (b) the vulnerability of the participant to:

           (i) physical, mental or financial harm; or

           (ii) exploitation; or

           (iii) undue influence;

       (c) the ability of the participant to make decisions;

       (d) the capacity of the participant to manage finances;

       (e) whether a court or a tribunal has made an order under Commonwealth, State or Territory law under which the participant's property (including finances) or affairs are to be managed, wholly or partly, by another person;

       (f) whether, and the extent to which, any risks could be mitigated by:

           (i) the participant's informal support network; or

           (ii) any safeguards or strategies the Agency could put in place through the participant's plan.

    3.9 The safeguards referred to in paragraph 3.8(f)(ii) could include, for example:

       (a) setting a shorter period before the participant's plan is reviewed; or

       (b) setting out regular contacts between the Agency and the participant; or

       (c) providing funding for supports (for example, budgeting training) that would assist the participant to manage their own plan.

       Part 4 Payment of NDIS amounts

    4.1 A participant's plan specifies, among other things, the reasonable and necessary supports (if any) that will be funded under the NDIS. Amounts paid under the NDIS in respect of such supports are known as NDIS amounts.

    4.2 NDIS amounts are to be paid to the participant, or to a person who is managing the funding for supports under a participant's plan, in accordance with this Part.

                     Paragraphs 4.1 and 4.2 summarise paragraph 33(2)(b) and section 45 of the Act.

Timing for payments of NDIS amounts

    4.3 The CEO may pay an NDIS amount:

       (a) in a single payment; or

       (b) by instalments.

    4.4 If:

       (a) the CEO is paying an NDIS amount by instalments; and

       (b) the CEO requires the participant to provide information or a document