Document ID: chunk:federal_register_of_legislation:C2025C00129:section:47a:p4
Version: federal_register_of_legislation:C2025C00129
Segment Type: section
Provision Reference: s 47A (pt 4/6)
Character Range: 176336–179053

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 in 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.
 (1B) To avoid doubt:
 (a) a variation covered by any of paragraphs (1A)(ab) to (ae) must be made in accordance with subsections 33(2A) to (2D) and any determination in force for the purposes of subsection 33(2E); and
 (b) a total funding amount for an old framework plan cannot be varied except by a variation covered by paragraph (1A)(d) of this section.

Conditions not limited
 (1C) The fact that a paragraph in subsection (1AA), (1AB) or (1A) covers only certain kinds of variations does not limit the power under paragraph (1)(b) for the National Disability Insurance Scheme rules to prescribe conditions that have the effect of limiting the kinds of variations that may be made under subsection (1).

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 on the CEO's own initiative.

Requirements for CEO—new framework plans
 (2A) In varying a new framework plan in relation to the statement of participant supports, the CEO must:
 (a) have regard to the participant's statement of goals and aspirations; and
 (b) be satisfied as mentioned in paragraph 32D(6)(b) in relation to any general supports to be provided; and
 (c) have regard to the principle that a participant should manage the participant's plan to the extent that the participant wishes to do so; and
 (d) have regard to the operation and effectiveness of the plan and any previous plans of the participant; and
 (e) have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to the plan and any previous plans of the participant; and
 (f) be satisfied of any matters specified in the National Disability Insurance Scheme rules for