The NDIA have released and are continuing to update their Frequently Asked Questions page around the new lists of ‘NDIS Supports’ which define how NDIS funding can now be spent (as of 3rd October 2024).
This FAQ list will continue to be updated based on the questions that the NDIS and the 1800 NCC staff keep getting asked - so if you have questions keep asking the NDIA so that they know where they need to provide more clarify to participants.
I have broken down some of these questions in bite sized easy to understand responses that are most likely to be relevant to children.
Keep in mind these questions and answers may conflict with previous information as the NDIA refines their advice based on more information and community feedback.
Q1: What are the NDIS Support Lists?
Starting October 3, 2024, the government dropped a new list of what NDIS participants *can* and *can’t* spend their funding on.
These lists break down what counts as an NDIS support and what doesn’t. Many people won’t see big changes since it’s based on the same old guidelines.
There’s also 12 month transition period to help you get used to the new rules.
Q2: What if I’m currently buying supports that are now on the ‘NO’ list?
If you’ve been using your NDIS funds for something that’s on the ‘NO’ list, don't panic. There’s a transition rule that lets you keep accessing those supports if they were considered “reasonable and necessary” before October 3, 2024 and are included in the wording in your current plan. This includes supports approved by the AAT (Administrative Appeals Tribunal).
Heads up, though—this doesn’t apply to things like sexual services, alcohol, or drugs. Those three categories can now never funded through the NDIS.
Q3: What if I accidentally spend money on something that’s no longer an NDIS support?
Adjusting to new rules can be tricky. That’s why there’s a 12-month grace period. If you accidentally spend less than $1,500 on something that’s not an NDIS support, no debt will be raised for the first two mistakes. The NDIA will reach out to you twice to explain what’s allowed before taking further action.
But if you keep making the same mistake or buy something illegal, they might come down harder, like raising a debt or switching you to an Agency-managed plan.
Q4: What is the NDIA Safety Net for Debt?
Right now, the NDIA has a safety net in place to protect you from any automatic debt collections. If they want to raise a debt against you, the NDIA CEO has to personally sign off on it first. This means debt collection is a last resort and they’ve said it is not something they’ll do without careful thought.
Q5: What if I bought non-NDIS supports before October 3?
Good news! If you made a purchase or booking for a non-NDIS support *before* October 3, you’re in the clear.
You can still claim it—even the cancellation fees. Just keep in mind, this doesn’t cover any illegal items you might have bought with your funds or purchases that aren’t in line with your NDIS plan.
Q6: What if my therapist says I need a support that’s on the ‘NO’ list?
If your therapist suggests a support that’s on the ‘NO’ list, don’t give up just yet! You can ask to replace that support with something else—*but* only certain supports can be swapped and there is quite stringent criteria that it must:
Replace an existing NDIS support in your plan
Be the same price or cheaper than the support its replacing
Provide the same or better outcomes within a 12 month period
You can’t purchase a replacement support until you have permission in writing from the NDIA, and the NDIS will provide you with a letter of authority to show that they have given you permission when you make the purchase.
Q7: How does the Replacement Support rule work?
The replacement support rule lets you swap an NDIS support for a non-NDIS support, if you can show how it might provide better outcomes and cost the same or less than a NDIS Support.
Applications for replacement supports can only be made for the items specified below:
Standard commercially available household items
Smart watches
Tablets
smart phones
apps for accessibility/communication purposes
Participants must apply for and receive approval of a replacement support before purchasing the support - it cannot be requested after purchasing a non-NDIS support.
If your request is declined, you can’t apply for that same replacement support again for 12 months.
Q8: Is Animal Therapy an NDIS Support?
Animal-assisted therapy? Yes.
Animal therapy? Nope.
If your therapist uses an animal like a tool in therapy (think horses or dogs during a session to help you focus or balance), that can be an NDIS-funded therapeutic support. But activities like horse riding or cuddling puppies are considered recreational, and the NDIS won’t cover it.
I know this has caused huge confusion so I am providing the word for word response from the NDIA below:
“Animal-assisted therapy can be an NDIS support - Therapeutic Support
Animal-assisted therapy is not the same as ‘animal therapy’. Animal-assisted therapists may use an animal to play a role in a goal-directed, structured intervention which will assist the therapist and the participant to engage in therapy.
Animals can be used as therapy tools, just like a board game, Lego, or a swing could also be used as a tool in a therapy session.
For example, a psychologist or counsellor may use an animal in therapy sessions to assist a participant to calm, focus or regulate whilst the counselling/psychology session is undertaken.
An occupational therapist may use an animal in therapy sessions to assist a participant to participate in an activity such as walking, standing, balancing etc. In these interventions, the animal may be used by the therapist to help the client meet specific goals but the therapy is delivered to the participant by the allied health professional, with the animal used to support participation.
Animal therapy is not an NDIS support.
Activities which are provided for people to have a positive experience with an animal such as engaging with puppies or riding a horse might be called ‘animal therapy’ by the provider of the service.
Recreational, sporting or social activities involving animals could also be called animal therapy.
These activities are not animal-assisted therapeutic interventions and are not NDIS Supports, even if the provider of the service is an allied health professional.”
Q9: What about supports for social or recreational programs with animals?
If you need extra help to participate in social or recreational programs that include animals, like horse riding, the NDIS might cover that extra support (e.g., a support worker or assistive product).
However, the NDIS won’t pay for the general cost of these activities, just like it doesn’t cover things like basketball games or art classes.
This has major implications for those currently using Capacity Building - Increased Social and Community Participation funding for activities because the NDIS Price Guide has line items stating they can be used to pay for the cost of art classes, camps and other recreational activities.
Q10: What if my activity is through a disability-specific group or centre-based program?
If your activity is run through a disability-specific group or centre-based program, and the costs are covered by the hourly rate they charge, you’re good! You can use your NDIS funds for the support to engage in the activities.
But if the activity costs extra (like cooking ingredients, art supplies, bowling or going to a movie), on top of the hourly rate for support, you’ll need to cover that extra cost out of pocket.
Q11: How does the ‘YES’ Support list work?
The YES list is a range of categories with examples—it’s not an exhaustive list. The purpose of the list is to clarify the types of supports that fall under the overarching description. So if a support fits the description in ‘Yes’ list and it’s not on the NO list, it might still be covered. Just make sure it fits within the NDIS rules and isn’t excluded anywhere else.
Q12: How can we get a support onto the ‘YES’ list?
An NDIS Evidence Advisory Committee (EAC) is being set up to review what works and what doesn’t. They’ll provide advice to make sure the supports on the YES list are safe, effective, and cost-efficient and also review if any supports on the NO list should be changed. Their advice will help shape the final NDIS Support Rule, which will also involve input from the disability community and states and territories.
The full list of FAQ’s can be read at: https://ndis.gov.au/changes-ndis-legislation/frequently-asked-questions-about-legislation
We can expect more changes ahead as this legislation is refined and has more consultation and feedback, so I’ll be doing my best to provide updates as well all go through this tumultuous period together.
X Anna