Document ID: chunk:federal_register_of_legislation:F2020L00769:reg:24:p1
Version: federal_register_of_legislation:F2020L00769
Segment Type: reg
Provision Reference: reg 24 (pt 1/2)
Character Range: 30493–33378

24  Requirements relating to the funding of specialist disability accommodation
 (1) For specialist disability accommodation support specified in an eligible participant's plan to be funded under the National Disability Insurance Scheme, the following requirements must be satisfied:
 (a) the specialist disability accommodation must be provided by an SDA provider;
 (b) the accommodation must be provided at a dwelling (the SDA dwelling) that is enrolled to provide specialist disability accommodation (see Division 3 of this Part);
 (c) the eligible participant must reside at the SDA dwelling (see section 32);
 (d) the eligible participant must have a private bedroom at the SDA dwelling that:
 (i) satisfies the minimum design requirements for an SDA design category specified in the eligible participant's plan; and
 (ii) is occupied by only the eligible participant unless the eligible participant freely chooses to reside in the bedroom with one or more other persons;
 (e) if the eligible participant has chosen to reside in a bedroom with one or more other persons and the eligible participant is not providing specialist disability accommodation to themselves (as an SDA provider)—both:
 (i) the eligible participant has notified the CEO in writing of that choice; and
 (ii) the CEO is satisfied, having regard to the matters mentioned in subsection (2), that the eligible participant's needs are not adversely impacted by having more than one person residing in the bedroom;
 (f) the eligible participant must have access to a bathroom at the SDA dwelling that satisfies the minimum design requirements for an SDA design category specified in the eligible participant's plan.
 (2) For the purposes of subparagraph (1)(e)(ii), the CEO must have regard to the following matters:
 (a) the intended household composition of the SDA dwelling;
 (b) whether or not the eligible participant is in a relationship and the nature of that relationship;
 (c) the commitment of the eligible participant to support themselves or any person that the eligible person has a duty to support;
 (d) any hardship that would be caused to the eligible participant, or any person that the eligible participant has a duty to support, if the eligible participant were not sharing a bedroom;
 (e) the distinctive needs and values of the eligible participant's socio‑cultural group and the cultural norms and practices of that group;
 (f) whether sharing a bedroom presents, or has the potential to present, an unacceptable risk of harm to the eligible participant or other occupants of the SDA dwelling;
 (g) whether the SDA dwelling is of an adequate size and configuration to meet the needs of the eligible participant and other occupants, including any other person expected to reside at the dwelling in the future;
 (h) whether the accommodation is intended to be transitional in nature.

Division