One year on, what the NDIS legislative changes have delivered
It’s been just over a year since a number of NDIS legislative changes came into effect, announced by the previous NDIS Minister Bill Shorten, as part of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024.
We asked Jodi Perkin, JP Trusted Advisor’s Director and Specialist Support Coordinator, what those changes have meant to our clients, their families and carers, having witnessed and experienced first-hand the impact. Jodi says her prediction from 12 months ago has been validated, that the greatest benefit for participants would come from the clarity, transparency and accountability around how funding can be used.
“Thinking about the updates to the legislation, we need to look at what did change 12 months ago, how are those changes benefiting participants now, who is accountable and what practical tips we can offer to enable participants to make the most of their plan going forward.
“In summary, as support coordinators and specialist support coordinators, what we have seen over the past year is participants, providers and support coordinators have a clearer understanding about what supports are funded by the NDIS. This clarity has reduced confusion and hesitation, has avoided unnecessary surprises and has empowered people to use their funding confidently,” says Jodi.
What changed? Let’s revisit the key reforms that were introduced
“The NDIS legislative changes that came into effect as part of the 2024 Act, brought several important changes to the way the NDIS is structured,” says Jodi, “including new rules, the way funding periods are structured and the way variations to plans, reassessments and support need assessments are updated,” says Jodi.
The key reforms that were introduced as part of the new legislation included:
1. Clearer access pathways – when you apply to the NDIS, it is now clearer whether you meet disability or early intervention requirements, which helps ensure you are supported through the most appropriate pathway.
2. Better clarity on responsibilities – it is clearer which support falls under the NDIS and which should be provided by mainstream services, like justice, health or education.
3. Transparent funding rules – plans now outline the total funding amounts, component amounts and funding periods, this helps participants and support coordinators and specialist support coordinators, better manage budgets and understand how funding can be used.
4. Impairment notices were introduced – people applying to access the NDIS now receive a notice when they meet access to the new framework plans. The impairment notices list their impairment in relation to meeting the disability and/or early intervention requirements.
5. Changes to plan management – the NDIA can review or change how plans are managed if there are risks or concerns about how funds are being used.
6. Plan variations that are simpler – certain changes can be made to a plan without needing to create an entirely new plan, this makes the process much faster and more flexible.
7. New claims and payment rules – a new framework has been introduced which requires all claims to be made within two years of providing support. This adds clarity and accountability to participants and providers.
8. Eligibility reassessments – some participants may need to have a reassessment at set times to ensure their plan continues to support their needs as their needs change.
9. New planning framework – at a point in the future, a new planning model will use support needs assessments to create more flexible budgets tailored to individual needs.
10. Support needs assessments – under the new framework planning, participants will undergo a needs assessment which records their whole of person disability support needs. This change will impact participants who have transitioned to new framework plans, which will happen over time. There is no impact until the support needs assessment process is created.
“These changes have given participants and providers much more clarity around how funding can be used. In the past, sometimes it could be difficult to navigate the rules confidently, however, the updated legislation has made things a lot clearer and easier to understand. That means, we can focus more on helping people access the right supports that will enable them to live their life the way they choose, while working towards achieving their goals and less on uncertainty around what’s allowed,” says Jodi.
What JPTA have observed, the real benefits
“Now that we’ve had a year since these changes were announced and have come into effect, we have really started to see the difference these legislative changes have made,” says Jodi. “One of the biggest shifts, I believe, is how much clearer everything feels, not just for us as support coordinators, but for participants and their families too.”
Jodi explains that in the past there could be a lot of uncertainty about what people could and couldn’t use their funding for. “There was a lot of grey area initially and that lack of clarity, at times, created a lot of unnecessary confusion and stress for participants, their carers and their families. They just wanted to be sure they were doing the right thing and sometimes it was hard to really have the answer. Now, the guidelines are clear and much more transparent. It has made a big difference,” says Jodi.
“We have also noticed that participants and their carers and families feel more confident making decisions about their funding. They understand the boundaries and they also understand their options. That means we can focus on working with providers and accessing supports that actually help them reach their goals, instead of worrying if something fits under the legislation.”
Jodi says she has also seen how the changes have improved collaboration between participants, families and providers. “We are finding conversations are focused on the person and their support needs. We spend less time interpreting rules and more time planning meaningful supports and that’s a huge win for everyone involved.
“From a support coordinators perspective, it’s also made our role more efficient. We can guide people with greater confidence, knowing the advice we give is backed by clear legislation. And, that helps build trust, which is at the heart of what we do,” says Jodi.
Jodi says, for many of her clients, this added clarity has given them a greater sense of control over their plans. “At the end of the day, that’s what matters most to us. If participants feel supported, informed and empowered, then these changes are doing exactly what they were designed to do.”
Jodi’s practical tips, how you can make the most of the NDIS legislative changes
“With the new NDIS legislation in place and subsequent changes earmarked for the future, including ‘Thriving Kids’ which is expected to be rolled out mid next year, I believe the changes give participants more clarity and structure around how their funding can be used,” says Jodi. “There is an opportunity to plan with greater confidence and ensure every support is aligned to your specific needs and goals.
“The clearer the legislation is, the more empowered you can be. It’s about having the right information and support to use your funding strategically, not just reactively. We all have a stronger foundation to make informed choices and feel confident in how services are accessed,” says Jodi.
Jodi has given us her top, practical tips to help you make the most of your plan and ensure your supports work for you.
1. Read your plan carefully and make sure you know what is included and what isn’t included
“Check how your supports are described in your plan and how your funding is structured and if you are able to use replacement supports. Understanding your plan’s structure is key to making strategic decisions,” says Jodi.
2. Align your supports to your impairment notice
“Since the legislation ties supports to impairments that qualified you to receive NDIS funding, you need to ensure your requested support clearly links to those impairments when seeking approval,” explains Jodi.
3. Keep evidence and justification handy
“Be sure to keep reports, therapy notes, progress documentation or assessments to support claims or requests for variation,” says Jodi.
4. Pace your spending
“I cannot stress enough to make sure you spread your supports across the life of your plan, rather than using all of your funding early. This will help avoid running out of funding later,” says Jodi.
5. Talk with your support coordinator or specialist support coordinator early
“Talking with your support coordinator or specialist support coordinator, before submitting claims, helps to plan your supports confidently,” says Jodi.
6. Request replacement supports if appropriate and valid
“If a support is not ordinarily funded, but an equivalent, justifiable alternative exists, check if the rules permit substitution under the new legislation, this can help fill gaps in your plan,” says Jodi.
7. Stay informed about NDIS changes
“It is really important to keep up to date with any new changes that may be introduced as the 2024 Act enables the NDIA to make updates and introduce new rules over time. You can take part in engagement sessions and questionnaires that the NDIA hold, so you can have your say and be part of the planning process. The NDIA regularly calls for people to take part in surveys, face to face sessions and other consultation activities. This helps ensure that the voices of participants, their families and carers are heard,” says Jodi.
8. Don’t forget to submit your claims within two years
“Under the new legislation, all claims must be submitted within two years of the support being provided. Keeping track of your claims and submitting them on time ensures you don’t miss out on funding for supports you have already received. Incorporating a simple system, like a monthly reminder can help you stay on top of this. We all know how easy it can be for claims to get delayed when day to day life gets busy. Staying organised helps protect your funding and gives you greater peace of mind that your supports are covered,” says Jodi.
Looking ahead and how JP Trusted Advisor can support you
“While most of the legislative changes are now in effect, the NDIS is still evolving. New rules, clarifications and programs will continue to emerge over the time, to ensure the NDIS is working the way it should be, in a clear and fair way and it is participant friendly. The NDIS is designed to support participants in a way that enables you to live your life the way you choose, with the right supports in place to help you reach your goals,” says Jodi.
“At JP Trusted Advisor we are committed to staying at the forefront of any new developments and changes so we can continue to support our clients their families and carers by interpreting new rules and adapting strategies so we can all make confident choices.
“Clarity makes our role easier, but also gives us a new responsibility in that we must remain deliberate, informed and responsive in supporting our clients.
“If you have any questions about your plan, need support coordination or want to learn more about what’s funded under the new legislation, we are here to help,” says Jodi.
Please speak to your JPTA Support Coordinator or Specialist Support Coordinator or email us
 
                        