Document ID: chunk:federal_register_of_legislation:F2013L01063:body:0:p7
Version: federal_register_of_legislation:F2013L01063
Segment Type: other
Provision Reference: 
Character Range: 16489–19469

Organisation International Classification of Functioning, Disability and Health as in force from time to time.

       Part 5 General criteria for supports, and supports that will not be funded or provided

General criteria for supports

    5.1 A support will not be provided or funded under the NDIS if:

       (a) it is likely to cause harm to the participant or pose a risk to others; or

       (b) it is not related to the participant's disability; or

       (c) it duplicates other supports delivered under alternative funding through the NDIS; or

       (d) it relates to day-to-day living costs (for example, rent, groceries and utility fees) that are not attributable to a participant's disability support needs.

    5.2 The day-to-day living costs referred to in paragraph 5.1(d) do not include the following (which may be funded under the NDIS if they relate to reasonable and necessary supports):

       (a) additional living costs that are incurred by a participant solely and directly as a result of their disability support needs;

       (b) costs that are ancillary to another support that is funded or provided under the participant's plan, and which the participant would not otherwise incur.

Supports that will not be funded or provided

    5.3 The following supports will not be provided or funded under the NDIS:

       (a) a support the provision of which would be contrary to:

           (i) a law of the Commonwealth; or

           (ii) a law of the State or Territory in which the support would be provided;

       (b) a support that consists of income replacement.

       Part 6 Other matters

Citation

    6.1 These rules may be cited as the National Disability Insurance Scheme (Supports for Participants) Rules 2013.

Interpretation

    6.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules.

    6.3 Terms and expressions that are used in the Act have the same meaning in these Rules unless these Rules display a contrary intention—see the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which include definitions and rules of interpretation that apply to all Commonwealth legislation. For convenience, the more important definitions from the Act are identified or reproduced in paragraph 6.4.

    6.4 In these Rules:

    Act means the National Disability Insurance Scheme Act 2013.

    Agency—see section 9 of the Act.

    CEO—see section 9 of the Act.

    general supports—see section 9 of the Act.

    NDIS means the National Disability Insurance Scheme (see section 9 of the Act).

    NDIS rules means the National Disability Insurance Scheme rules (see section 9 of the Act).

    participant—see section 9 of the Act.

    participant's statement of goals and aspirations—see section 9 of the Act.

    service systems means general systems of service delivery or support