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National Disability Insurance Scheme (Supports for Participants—Accounting for Compensation) Rules 2013

National Disability Insurance Scheme Act 2013 (the Act)

The Act establishes the National Disability Insurance Scheme (the NDIS).

People who are participants in the NDIS will be assisted to develop a personal, goal-based plan about how they will be provided with general supports and reasonable and necessary supports.

The NDIS will enable people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

National Disability Insurance Scheme (Supports for Participants—Accounting for Compensation) Rules 2013

These Rules are made for the purposes of section 35 of the Act.

These Rules are about assessment and determination of the reasonable and necessary supports that will be funded for participants under the NDIS, and specifically how compensation payments for personal injury are taken into account in such assessments and determinations.

These Rules commence on the day they are registered.

The Hon Jenny Macklin MP
Minister for Families, Community Services and Indigenous Affairs
Minister for Disability Reform

22 July 2013

Contents

National Disability Insurance Scheme (Supports for Participants—Accounting for Compensation) Rules 2013

Part 1 What these Rules are about

Part 2 Outline of these Rules

Part 3 Compensation
Application
Compensation, or forgone compensation, to be taken into account
Special circumstances
Compensation reduction amount—support component objectively identified
Compensation reduction amount—other circumstances
Compensation reduction amount—participant in a Commonwealth, State or Territory statutory insurance scheme
Compensation reduction amount—agreement to give up compensation

Part 4 Other matters
Citation
Interpretation

       Part 1 What these Rules are about

    1.1 The NDIS is designed to complement, not replace, existing compensation arrangements for personal injury. These Rules are about ensuring that where individuals receive compensation payments, the NDIS does not duplicate the funding for supports already provided for by these payments.

    1.2 These Rules specify how compensation payments in respect of a compensable injury suffered by a participant are taken into account by the CEO in determining the reasonable and necessary supports that will be funded or provided under the NDIS.

    1.3 These Rules are related to the National Disability Insurance Scheme (Supports for Participants) Rules 2013, and set out additional factors that the CEO is to take into consideration where the impairment of a participant was caused or aggravated by a personal injury and an amount of compensation was fixed, either by judgement or settlement, or where support is being provided under a Commonwealth, State or Territory statutory scheme. These Rules also apply where a person does not receive any compensation because they entered into an agreement to give up their right to compensation.

    1.4 The Act sets out a number of objects for the NDIS. The objects that are