Operational Guideline – Planning and Assessment – Supports in the Plan Legislation 1. Read sections 4, 13, 31, 33, 34 and 118 of the National Disability Insurance Scheme Act 2013 (NDIS Act), the National Disability Insurance Scheme (Supports for Participants) Rules 2013 (Supports for Participants Rules) and Part 6 of the National Disability Insurance Scheme (Plan Management) Rules 2013 (Plan Management Rules). Principles 2. Reasonable and necessary supports for people with disability should: a. Support people with disability to pursue their goals and maximise their independence, and b. Support people with disability to live independently and to be included in the community as fully participating citizens, and c. Develop and support the capacity of people with disability to undertake activities that enable them to participate in the community and in employment. See s.4(11) of the NDIS Act. 3. People with disability should be supported to receive supports outside the National Disability Insurance Scheme (NDIS) and be assisted to coordinate these supports with the supports provided under the NDIS. See s.4(14) of the NDIS Act. 4. The preparation, review and replacement of a participant’s plan should so far as reasonably practical be individualised; directed by the participant; where relevant consider family, carers and significant others; consider availability of informal support, access to mainstream and community supports; and build individual capacity to increase participation and inclusion in community with the aim of achieving individual aspirations. 5. Plans should maximise choice and independence of the participant and facilitate tailored and flexible responses to individual goals and needs. See s.31 of the NDIS Act. 6. The statement of participant supports must specify the general supports (if any) that will be provided to, or in relation to, the participant and the reasonable and necessary supports (if any) that will be funded through the NDIS. In deciding whether to approve a statement a delegate must: a. Have regard to the legislation and rules, participant statement, relevant assessments b. Be satisfied that all clauses of s.34 of the NDIS Act on reasonable and necessary supports are met including that the support is most appropriately funded by the NDIS and offers value for money, and Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 1 of 18 c. Have regard to the principle that a participant should manage their plan to the extent they wish and the operation and effectiveness of any previous plans of the participant. See ss.33, 34 and 35 of the NDIS Act. Support for participants during the planning process 7. To support people with disability to exercise choice and control in the pursuit of their goals, a delegate may provide support and assistance (including financial assistance) during the planning process, including by assisting a participant to clarify their goals, objectives and aspirations. See s.6 of the NDIS Act. The statement must include general and reasonable and necessary supports 8. The plan must include a statement of participant supports that specifies the general supports that will be provided to, or in relation to, a participant and the reasonable and necessary supports that will be funded. See s.33(2) of the NDIS Act. Before including any support the delegate must apply a test to that support 9. Before specifying any general support, or reasonable and necessary support, in a participant’s plan, a delegate must be satisfied of all of the following in relation to each support: a. The support will assist the participant to pursue the goals objectives and aspirations included in the participant’s statement of goals and aspirations, and b. The support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation, and c. The support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support, and d. The support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice, and e. The funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide, and f. The support is most appropriately funded or provided through the NDIS, and is not more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered: g. i. As part of a universal service obligation, or ii. In accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability, and The support is not a support mentioned in Part 5 of the Supports for Participants Rules as a support that will not be funded or provided by the NDIS. See s.34 of the NDIS Act and Part 5 of the Supports for Participants Rules. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 2 of 18 10. Each of these criteria is considered in further detail below. Supports that will not be provided or funded under the NDIS 11. Under the Supports for Participants Rules, a support will not be provided or funded under the NDIS if a delegate is satisfied that: a. It is likely to cause harm to the participant or pose a risk to others b. It is not related to the participant’s disability 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. 12. Although most day-to-day living costs are not to be funded the Supports for Participants Rules allow some day-to-day living costs to be funded. Day-to-day living costs can be funded only if they relate to reasonable and necessary supports and are: a. Additional living costs that are incurred by a participant solely and directly as a result of their disability support needs; e.g. specialised food that relates specifically to a person’s disability and that is not available to the general population, or 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 – for example, significant additional utility costs due to the cost of operating an NDIS-funded piece of assistive technology. See s.34(1)(g) of the NDIS Act and rs.5.1 and 5.2 of the Supports for Participants Rules. 13. Under the Supports for Participants Rules the following supports will also not be provided or funded under the NDIS: a. b. 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, and A support that consists of income replacement. See r.5.3 of the Supports for Participants Rules. Supports must assist goals, objectives, aspirations and activities 14. Before a support is added to a plan the delegate must be satisfied that it will: a. Assist the participant to pursue the goals objectives and aspirations included in the participant’s statement of goals and aspirations, and b. The support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation. See ss.34(1)(a) and 34(1)(b) of the NDIS Act. 15. There are no provisions in the NDIS Rules that apply to these two paragraphs of s.34 of the NDIS Act. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 3 of 18 See s.4(8) of the NDIS Act. Value for money 16. Before a support is added to a plan the delegate must be satisfied that it represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support. See s.34(1)(c) of the NDIS Act. 17. In deciding whether the support represents value for money, the Supports for Participants Rules require delegates to consider each of the following: a. Whether there are comparable supports which would achieve the same outcome at a substantially lower cost, and b. Whether there is evidence that the support will substantially improve the life stage outcomes for, and be of long term benefit to, the participant, and c. Whether funding or provision of the support is likely to reduce the cost of the funding of supports for the participant in the long term (for example, some early intervention supports may be value for money given their potential to avoid or delay reliance on more costly supports), and d. For supports that involve the provision of equipment or modifications: i. The comparative cost of purchasing or leasing the equipment or modifications, and ii. Whether there are any expected changes in technology or the participant’s circumstances in the short term that would make it inappropriate to fund the equipment or modifications, and e. Whether the cost of the support is comparable to the cost of supports of the same kind that are provided in the area in which the participant resides, and f. Whether the support will increase the participant’s independence and reduce the participant’s need for other kinds of supports (for example, some home modifications may reduce a participant’s need for home care). See r.3.1 of the Supports for Participants Rules. 18. In TKCW and National Disability Insurance Agency [2014] AATA 501 (TKCW), the Administrative Appeals Tribunal (AAT) applied the value for money requirement noting that funding a support whose effectiveness and benefits are largely unknown could undermine the financial sustainability of the NDIS, especially where a reliable means of measuring any benefits of the support is lacking. In deciding not to fund a therapy known as The Listening Program (TLP) for a child with Autism Spectrum Disorder, the AAT considered that TLP did not represent value for money because they could not be confident of the benefits likely to be achieved. See TKCW and National Disability Insurance Agency [2014] AATA 501. Effective and beneficial for the participant 19. Before a support is added to a plan the delegate must be satisfied that the support will be, or is likely to be, effective and beneficial for a participant, having regard to current good practice. See s.34(1)(d) of the NDIS Act. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 4 of 18 20. In deciding whether the support will be, or is likely to be, effective and beneficial for a participant the delegate is to consider the available evidence of the effectiveness of the support for other people in like circumstances. That evidence may include: a. Published and refereed literature and any consensus of expert opinion b. The lived experience of the participant or their carers, or c. Anything the NDIA has learnt through delivery of the NDIS. 21. The Supports for Participant Rules also require the delegate to take into account, and if necessary seek, expert opinion. See rs.3.2 and 3.3 of the Supports for Participants Rules. 22. In TKCW the AAT considered the meaning of "current good practice" in s.34(l)(d) of the NDIS Act and considered that it means a practice which, even if not widely used, is recognised by sufficient numbers of practitioners as being based on sound evidence. In weighing up the evidence about whether TLP was likely to be effective and beneficial, the AAT noted that: “One of the objects of the NDIS Act is "to promote the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the community": s.3(g). There may be some tension between this object and s.34(1)(d) which requires that the CEO of the NDIA (and so the Tribunal), be satisfied that a support "will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice" but, whatever innovative supports s 3(g) has in mind, they must be "of high quality". The most that we can say at this early point in the life of the NDIS is that we are bound to be satisfied of all of the criteria in s 34(1), and innovation, of itself, cannot displace those criteria.” See TKCW and National Disability Insurance Agency [2014] AATA 501. Reasonable family, carer and other support 23. Before a support is added to a plan the delegate must be satisfied that the funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide. See s.34(1)(e) of the NDIS Act. 24. In deciding whether funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide, the delegate is to consider the following matters: a. b. For a participant who is a child: i. That it is normal for parents to provide substantial care and support for children ii. Whether, because of the child’s disability, the child’s care needs are substantially greater than those of other children of a similar age iii. The extent of any risks to the wellbeing of the participant’s family members or carer or carers, and iv. Whether the funding or provision of the support for a family would improve the child’s capacity or future capacity, or would reduce any risk to the child’s wellbeing. For other participants: i. The extent of any risks to the wellbeing of the participant arising from the participant’s reliance on the support of family members, carers, informal networks and the community Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 5 of 18 ii. iii. c. The suitability of family members, carers, informal networks and the community to provide the supports that the participant requires, including such factors as: A. The age and capacity of the participant’s family members and carers, including the extent to which family and community supports are available to sustain them in their caring role B. The intensity and type of support that is required and whether it is age and gender appropriate for a particular family member or carer to be providing that care, and C. The extent of any risks to the long term wellbeing of any of the family members or carers (for example, a child should not be expected to provide care for their parents, siblings or other relatives or be required to limit their educational opportunities). The extent to which informal supports contribute to or reduce a participant’s level of independence and other outcomes, and For all participants—the desirability of supporting and developing the potential contributions of informal supports and networks within their communities. See r.3.4 of the Supports for Participants Rules 25. In TKCW the AAT considered whether the NDIS should fund the provision of childcare for the participant’s brother while the participant was at therapy sessions with a parent. In finding the NDIS should not fund this care, the AAT stated: “One of the principles in s 4 of the NDIS Act is that the role of families, carers and other significant persons in the lives of persons with disability is to be acknowledged and respected. Section 34(1)(e) also recognises that it may be reasonable to expect families, carers, informal networks and the community to provide support. In our view this is not a support that should be funded through the NDIS. The need for childcare for TKCW's brother is being met at present by the helper provided by Disability South Australia. We understand that this arrangement may not continue indefinitely but there is nothing to suggest that it will not continue at least for the life of TKCW's present plan. It is hard to see why it should be considered a reasonable and necessary support at this time and we are not satisfied that it is. We accept that using some of the hours allocated to household help, and organising the helper's hours around TKCW's therapist appointments, is not entirely convenient for TKCW's mother. However, the hours are relatively few, and we think it is reasonable for the family to make what is a relatively minor adjustment. As such, funding this support through the NDIS would not meet s 34(1)(e) of the NDIS Act.” See TKCW and National Disability Insurance Agency [2014] AATA 501. The support is most appropriately provided or funded through the NDIS 26. Before a support is added to a plan the delegate must be satisfied that the support is most appropriately funded or provided through the NDIS, and is not more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered: a. As part of a universal service obligation, or Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 6 of 18 b. In accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability. See s.34(1)(f) of the NDIS Act. 27. In deciding whether the support is most appropriately provided or funded through the NDIS the delegate must consider each of the matters set out in Schedule 1 of the Supports for Participants Rules. The matters to have regard to are set out under the following headings in Schedule 1 of the Supports for Participants Rules: i. Health (excluding mental health) ii. Mental health iii. Early childhood development iv. Child protection and family support v. School education vi. Higher education and vocational education and training vii. Employment viii. Housing and community infrastructure ix. Transport, and x. Justice. See rs.3.5 and 3.6 of the Supports for Participants Rules. 28. In Young and National Disability Insurance Agency [2014] AATA 401 the AAT considered whether a portable oxygen concentrator and insulin pump were most appropriately funded by the NDIS or the health system. The AAT held that: a. the different method of delivering oxygen and insulin did not change the fact that their essential character was clinical treatment, and b. the applicant (Mr Young) was able to undertake activities of daily living and participate in the community although he experienced embarrassment and inconvenience. 29. Regarding the test of whether a support is most appropriately funded or provided through the NDIS, the AAT stated: “Whether or not funding is available through other general systems is not the test of whether it is most appropriately funded or provided through the NDIS. The fact that the health system does not fund entirely, or even at all, what is essentially clinical treatment, or some other form of support that is more appropriately funded through the health system, does not make it the responsibility of the NDIS. 30. The fact that insulin needs and the oxygen supplies were funded or subsidised under the health system and that insulin pumps were fundable under private health insurance were held to support the conclusion that the supports are the responsibility of, and more appropriately funded through, the health system. See Young and National Disability Insurance Agency [2014] AATA 401. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 7 of 18 Participants with existing supports 31. When considering the criteria in s.34 of the NDIS Act in relation to each support, delegates also need to consider the context for participants who have existing supports and how they will transition to any new supports funded by the NDIS. 32. A participant who is currently receiving supports under a Commonwealth, state or territory disability support program may not wish to vary their current supports. In this situation, delegates should note that a participant has indicated this preference. These existing supports may form the basis of the statement of participant supports but a delegate would still need to be satisfied of all of the matters in s.34 of the NDIS Act. 33. If existing supports do form the basis of a statement of participant supports, delegates should consider whether the support needs of a participant are likely to change over time and whether a different composition of supports may be more appropriate under the NDIS. Delegates should consider and discuss with participants the possibility of transitioning to new supports, or a new composition of supports, at an appropriate time (potentially over the course of several NDIS plans if necessary). 34. In discussing the transition from existing supports, delegates should seek to minimise any disruption to the participant and the supports the participant receives, for example, by timing any changes at natural transition points such as a life transition or at the end of a plan. Delegates should be mindful of the importance that supports can play in a participant’s life and the challenges of varying current support arrangements. Delegates should consider how to build a participants’ capacity to source supports from another service system when this may be more appropriate in the context of developing or reviewing a plan. 35. Where the NDIS is funding supports that are intended to be part of the transition for a participant towards alternative supports or greater independence, this should be made clear to the participant and documented in the participant’s plan. The plan should state clearly which supports are intended to be transitional including through the use of plan review dates and time-limited support items. The Intergovernmental Agreement for the NDIS Launch (IGA) and the principle of “no disadvantage” 36. Governments have made a commitment – through the Intergovernmental Agreement for the NDIS Launch (IGA) – that people receiving supports before becoming participants in the NDIS should not be disadvantaged by the transition to the NDIS. The commitment is that people should be able to achieve at least the same outcomes in the NDIS, compared to those expected from their previous support. 37. The Agency is not a party to the IGA and the commitment to “no disadvantage” is not in the NDIS Act or other legislation. However, the Agency must, in performing its functions under the NDIS Act, use its best endeavours to act in accordance with the IGA or any other relevant intergovernmental agreement. See s.118(2)(a) of the NDIS Act. 38. In accordance with this obligation, the Agency’s policy is to use its best endeavours to give effect to the principle of “no disadvantage” and the commitment of governments that people should be able to achieve the same outcomes under the NDIS. 39. This does not mean a participant will always have the same level of funding or quantum of support. A delegate must ensure that the approach to planning and funding reasonable and necessary supports is consistent with the NDIS Act and Supports for Participant Rules. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 8 of 18 40. For example, if a support would be more appropriately funded or provided by another system of service delivery in accordance with s.34(1)(f) (such as pharmaceuticals), the fact that a participant received that support previously through a state or territory program does not mean the support must be funded under the NDIS. If the support does not meet the requirement in s.34(1)(f), it must not be included in a statement approved under s.33(2) of the NDIS Act. For further information, please refer to the Operational Guidelines dealing with specific types of supports, for example, the Operational Guideline - Planning and Assessment - Supports in the Plan - Interface with Health. 41. Where the NDIS does not fund a support that a participant previously received under another program, the delegate should seek to identify alternative supports or refer the participant to other systems with a view to ensuring the participant is able to achieve substantially the same outcomes under the NDIS. Flexibility in describing supports 42. Delegates have a high degree of flexibility around how they describe the supports in the plan. The supports can be described by specifically identifying them in the plan or the plan can describe them generally. For example, by a general reference to the purpose of the support. See s.33(3) of the NDIS Act. 43. Delegates may choose to describe a support generally in cases where it is intended to give a participant a high degree of flexibility over the implementation of the support. Delegates may choose to put a specific description of a support in the plan where that is intended to have less flexibility. For example, a support that is described in the plan with detail of how it is to be purchased or implemented. 44. When deciding whether to describe a support generally or specifically, the Plan Management Rules require the delegate to have regard to each of the following: a. The cost of the support, and b. Any expected return or saving in costs from providing the support, and c. Any risks associated with the supply of the support such as the need for the support to conform to state or territory laws, and d. Whether achievement of other goals in the plan or the effectiveness of other supports is contingent on a particular support being procured or used, and e. Whether a participant’s disability requires a specialist, evidence-informed support provided by a qualified person or a particular delivery mode, and f. Whether the participant accessed the NDIS by satisfying the early intervention requirements. See rs.6.1 to 6.4 of the Plan Management Rules and Operational Guideline – Planning and Assessment – Risks and Safeguards. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 9 of 18 The plan must identify supports that are more costeffectively provided by the NDIA 45. If a delegate considers that it is more cost-effective for the support to be provided directly by the NDIA (for example, using bulk purchasing of goods), the plan must specify that the support will be provided by the NDIA. See r.6.5 of the Plan Management Rules. The plan must identify supports to be provided by a particular provider 46. If a delegate is considering a support and: a. The NDIA has entered into a funding arrangement with a provider to provide that support, and b. The delegate considers that the support is most efficiently and effectively provided to the participant by that provider, then c. The plan is to specify that the support will be provided by that provider. See r.6.6 of the Plan Management Rules. The plan must identify where supports are to be provided by a particular qualified person or delivery mode 47. If : a. The delegate considers that a participant’s disability requires: i. Specialist, evidence-informed support provided by a qualified person, or ii. A support to be provided in a certain delivery mode, and b. The delegate considers that the support is most efficiently and effectively provided to the participant by a particular person or through a particular delivery mode, then c. The plan is to specify that the support will be provided by that qualified person or that delivery mode. See r.6.7 of the Plan Management Rules. The plan must identify supports previously provided by the Commonwealth, a state or a territory 48. If the support was previously provided to the participant by the Commonwealth, or by a state or a territory, and there is a funding agreement that relates to the support that is in force, the plan must specify that the support will be provided in accordance with the funding agreement and not by the NDIA. See r.6.8 of the Plan Management Rules. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 10 of 18 The plan must be tested against the Reference Package and where relevant the Lifetime Cost Estimator 49. In finalising the plan and the supports to be provided, the NDIA’s policy is that a delegate is required to check the plan against the relevant Reference Packages and Lifetime Cost Estimator. These tools serve as NDIA decision support tools in relation to: a. Whether a participant’s annual plan funding is comparable with the expected funding level for the participant (based on key characteristics), and b. The NDIA’s annual and lifetime costs. 50. The tools indicate the level of delegation to apply for approval of expenditure associated with the plan. 51. Where the recommended funded support is outside the boundaries of the expected level of support, a further consideration will need to be given by a more senior delegate. 52. The senior delegate will ask the delegate to explain the logic of the variance against the expected level of funding and ensure that the decision to fund at that level is in keeping with the NDIS Act and documented thoroughly. General supports 53. This Operational Guideline applies to both the provision of general supports and the funding of reasonable and necessary supports. The following paragraphs are to assist delegates in relation to general supports. 54. The term ‘general support’ is defined in the NDIS Act to mean a service provided by the NDIA to a person, or an activity engaged in by the NDIA in relation to a person, that is in the nature of a coordination, strategic or referral service or activity. It includes a locally provided coordination, strategic or referral service or activity. See s.13(2) of the NDIS Act. 55. If a participant would like assistance to identify suitable general supports and community resources, allocation of a Local Area Coordinator (LAC) may be appropriate as a general support in the plan. In this way, the support a LAC can provide a participant is very similar to the support they provide non-participants. See Operational Guideline – Gateway – Local Area Coordinators 56. A key general support for participants will be referral to other sources of supports. In arranging a referral, NDIA officers or LACs should ensure the referral reflects the participant’s choice and obtain informed consent to provide information about the participant to the provider. NDIA officers or LACs should describe the information that will be exchanged, and how and when the support will be implemented. 57. The referral should only contain information related to the provision of the support requested. If there is a risk to the service provider, the delegate or LAC is to ensure that the service provider is appropriately informed without breaching the participant’s privacy. 58. NDIA officers or LACs should check that the referral has been accepted and the support implemented. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 11 of 18 59. Where the participant is not able to access these supports due to waitlists or unavailability of services in their local community, NDIA officers or LACs will work with the participant to access alternative supports. See s.34 of the NDIS Act. General considerations for delegates 60. In administering the NDIS and in approving each plan, the delegate must have regard to objects and principles of the NDIS Act including the need to ensure the financial sustainability of the NDIS and the principles relating to plans. 61. The delegate should utilise available evidence concerning the effectiveness of the support, and if necessary, seek expert opinion. 62. A checklist has been developed to assess the reasonable and necessary supports that may be funded as part of a participant’s plan under the NDIS. In applying the checklist, it is important to consider each support in the context of the participant’s plan as a whole including any general supports that will be provided. It may also be necessary to carefully consider whether an individual support meets each of the requirements in the decision tree, for example, whether further information may be required to ensure that a support represents value for money, will be effective and beneficial to a participant or whether it is most appropriately funded or provided through the NDIS. The checklist must be completed by a delegate and attached to the NDIA information system record for each participant’s plan. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 12 of 18 Appendix A Decision support tool for reasonable and necessary supports Planner’s name: Participant’s name: Date: NDIS Number: Is criteria met? Considerations (including evidence used) Enabling the participant’s goals and objectives Yes (supports will assist the participant to pursue the goals and objectives in their plan) No In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. 1. Criteria for general supports and reasonable and necessary supports (s.34) Note: A delegate must be satisfied of each of the criteria in the table below for a support to be provided or funded under the NDIS The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. s.34(1)(a) of the NDIS Act Assist the participant’s independence, social and economic participation Yes (supports will assist the participant to undertake activities to facilitate their social and economic participation ) No s.34(1)(b) of the NDIS Act In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 13 of 18 1. Criteria for general supports and reasonable and necessary supports (s.34) Is criteria met? Considerations (including evidence used) Yes In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. Note: A delegate must be satisfied of each of the criteria in the table below for a support to be provided or funded under the NDIS Value for money (supports represents value for money, i.e. the costs of support are reasonable, both in terms of the benefits achieved and the cost of alternative support) No The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. s.34(1)(c) of the NDIS Act, r.3.1 of the Supports for Participants Rules Effective or beneficial for the participant Yes (supports will be, or are likely to be, effective and beneficial for the participant, having regard to current good practice) No The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. s.34(1)(d) of the NDIS Act, rs.3.2 and 3.3 of the Supports for Participants Rules Coordinates with but does not replace informal support Yes (funding or provision of supports takes account of what it is reasonable to expect families, carers, informal networks and the community to provide) No s.34(1)(e) of the NDIS Act, r.3.4 of the Supports for Participants Rules In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 14 of 18 Is criteria met? Considerations (including evidence used) Most appropriately funded by the NDIS Yes (supports are not more appropriately funded or provided through other general service systems or universal service obligations) No In reaching this conclusion, I have had regard to [insert information considered, i.e. the participant’s statement of goals and aspirations and/or other sources]. 1. Criteria for general supports and reasonable and necessary supports (s.34) Note: A delegate must be satisfied of each of the criteria in the table below for a support to be provided or funded under the NDIS The reason for this conclusion is that [insert reason why you are satisfied or not satisfied that this criterion is met]. s.34(1)(f) of the NDIS Act, Schedule 1 of the Supports for Participants Rules See also table 2 below Is criteria met? Considerations (including evidence used) Is the support likely to cause harm to the participant or pose a risk to others? Yes (a supports will not be funded or provided under the NDIS if the support is likely to cause harm to the participant or pose a risk to others) No If the answer is ‘Yes’, the support should not be included in the statement of participant supports 2. Additional general criteria (s.35(1)(a) and Supports for Participant Rules) Note: A delegate must also consider each of the general criteria in the table below for a support to be provided or funded under the NDIS r.5.1 (a) of the Supports for Participants Rules Is the support related to the participant’s disability? Yes (a support will not be funded or provided under the NDIS if the support does not relate to the participant’s disability) No If the answer is ‘No’, the support should not be included in the statement of participant supports r.5.1(b) of the Supports for Participants Rules Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 15 of 18 2. Additional general criteria (s.35(1)(a) and Supports for Participant Rules) Is criteria met? Considerations (including evidence used) Yes If the answer is ‘Yes’, the support should not be included in the statement of participant supports Note: A delegate must also consider each of the general criteria in the table below for a support to be provided or funded under the NDIS Is the support duplicating other supported delivered under alternative funding through the NDIS? No (supports do not duplicate other supports however they are provided) r.5.1(c) of the Supports for Participants Rules Does the support relate to day-to-day living costs that are not attributable to a participant’s disability support needs? (eg. rent, groceries and utility fees) Yes No If the answer is ‘Yes’, the support should not be included in the statement of participant supports, unless it falls into the exception in s.5.2 of the Supports for Participants Rules described in the table below r.5.1(d) of the Supports for Participants Rules Note the exception in r.5.2 and refer to Operational Guideline – Planning and Assessment – Supports in the Plan – Interface with Housing and Community Infrastructure Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 16 of 18 Is criteria met? Considerations (including evidence used) Is the support an additional living cost that is: Yes a) related to a reasonable and necessary support, and No If the answer is ‘Yes’, the support may be included in the statement of participant supports 3. Exception for day-to-day living costs (r.5.2) Note: For a support that relates to day-to-day living costs a delegate must consider the matters below to identify whether the support is an exception to the general rule that a support will not be provided or funded under the NDIS if it relates to day-to-day living costs that are not attributable to a participant’s disability support needs b) incurred by the participant solely and directly as a result of their disability support needs? r.5.2(a) of the Supports for Participants Rules Does the support relate to day-to-day living costs: Yes a) related to a reasonable and necessary support, and No If the answer is ‘Yes’, the support may be included in the statement of participant supports 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? r.5.2(b) of the Supports for Participants Rules Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 17 of 18 4. Supports that will not be funded or provided under the NDIS (r.5.3) Is criteria met? Considerations (including evidence used) Yes If the answer is ‘Yes’, the support must not be included in the statement of participant supports Note: The following supports will not be funded or provided under the NDIS and therefore must not be included in a statement of participant supports. Would the provision of the support contravene a law of the Commonwealth, State or Territory? No r.5.3(a) of the Supports for Participants Rules Would the support consist of income replacement? Yes No If the answer is ‘Yes’, the support must not be included in the statement of participant supports r.5.3(b) of the Supports for Participants Rules 5. Other issues – Plan administration requirements (s.33) Is criteria met? Have you specified the general supports (if any) that will be provided under the plan? Yes Considerations (including evidence used) No s.33(2)(a) of the NDIS Act Operational Guideline – Planning and Assessment – Supports in the Plan (v 2.1) Publication date: 1 September 2014 Page 18 of 18
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