Document ID: chunk:federal_register_of_legislation:C2024A00081:clause:1_75:p1
Version: federal_register_of_legislation:C2024A00081
Segment Type: clause
Provision Reference: sch 1 cl 75 (pt 1/2)
Character Range: 86021–88675

75  Subsection 46(1)
Repeal the subsection, substitute:

Requirement to spend money only on NDIS supports and in accordance with plan
 (1) A participant who receives an NDIS amount, or a person who receives an NDIS amount on behalf of a participant:
 (a) may spend the money only on NDIS supports for the participant; and
 (b) must spend the money in accordance with the participant's plan (subject to paragraph (a)).
Note 1: A failure to comply with this subsection (including due to the operation of subsection (1A) or (1B)) may lead to a variation of the participant's plan under section 47A:
(a) to change the management of the funding for supports under the plan (see sections 43 and 74); or
(b) for a new framework plan—to specify a proportion of flexible funding that may be spent only on specified NDIS supports for the participant (or to change such a proportion); or
(c) for any plan—to reduce the duration of funding periods for particular funding under the plan and the amount of funding that will be provided during any particular funding period.
Note 2: See also subsection 182(3) (debts due to the Agency).
 (1A) If:
 (a) a participant acquires a support for themselves or a support is provided to a participant; and
 (b) either:
 (i) the support is not an NDIS support for the participant; or
 (ii) the participant's plan is not complied with in connection with the acquisition or provision of the support; and
 (c) a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the participant or another person;
then the participant is taken for the purposes of subsection (1):
 (d) to have received an NDIS amount equal to the payment; and
 (e) if subparagraph (b)(i) of this subsection applies—to have spent that money other than on NDIS supports for the participant; and
 (f) if subparagraph (b)(ii) of this subsection applies—to have not spent that money in accordance with the participant's plan.
 (1B) If:
 (a) a person (the first person) other than a participant acquires a support for a participant or provides a support to a participant; and
 (b) either:
 (i) the support is not an NDIS support for the participant; or
 (ii) the participant's plan is not complied with in connection with the acquisition or provision of the support; and
 (c) a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the first person or any other person;
then the first person is taken for the purposes of subsection (1):
 (d) to have received an NDIS amount on behalf of the participant that is equal to the payment; and
 (e) if subparagraph (b)(i) of this