NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 47A Variation of participant's plan on request of participant or CEO's own initiative

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 47A

  (1)   The CEO may, in writing, vary a participant's plan (except the participant's statement of goals and aspirations) if:

  (a)   the variation:

  (i)   is covered by subsection   (1A); or

  (ii)   is a correction of a minor or technical error; and

  (b)   any conditions prescribed by the National Disability Insurance Scheme rules are satisfied.

Each variation must be prepared with the participant.

  (1A)   For the purposes of subparagraph   (1)(a)(i), the following variations of a participant's plan are covered:

  (a)   a variation to the reassessment date of the plan;

  (b)   a variation of the statement of participant supports included in the plan in relation to the management of:

  (i)   the funding for supports under the plan; or

  (ii)   other aspects of the plan;

  (c)   a variation of the statement of participant supports included in the plan if:

  (i)   the statement specifies that a support is to be provided by a specified provider, or in a specified manner; and

  (ii)   the variation is to specify that the support is to be provided by another provider, or in another manner, as the case may be;

  (d)   a variation of the statement of participant supports included in the plan, or of the funding of supports under the plan, if:

  (i)   the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant's support needs; or

  (ii)   after the participant's plan comes into effect, the CEO receives information in response to a request that had been made under subsection   36(2) or 50(2) in relation to the plan (other than a request made under subsection   50(2) for the purposes of varying the plan on the CEO's own initiative), and the variation relates to that information; or

  (iii)   the variation is made for the purposes of dealing with a change to the reassessment date of the participant's plan; or

  (iv)   the variation is a minor variation that results in an increase to the funding of supports under the participant's plan.

Note 1:   Information mentioned subparagraph   (d)(ii) could relate to a support such as an item of assistive technology or a home modification.

Note 2:   A statement of participant supports in a participant's plan must give effect to the plan management request of a participant except in certain circumstances (see subsection   43(2)).

Note 3:   In varying the participant's plan in relation to the statement of participant supports, the CEO must have regard to the matters set out in subsection   (3) of this section.

Variation on request of participant or CEO's own initiative

  (2)   The CEO may vary the participant's plan on request of the participant or on the CEO's own initiative.

Requirements of CEO

  (3)   In varying the participant's plan in relation to the statement of participant supports, the CEO must:

  (a)   have regard to the participant's statement of goals and aspirations; and

  (b)   have regard to relevant assessments conducted in relation to the participant; and

  (c)   be satisfied as mentioned in section   34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided; and

  (d)   apply the National Disability Insurance Scheme rules (if any) made for the purposes of section   35; and

  (e)   have regard to the principle that a participant should manage the participant's plan to the extent that the participant wishes to do so; and

  (f)   have regard to the operation and effectiveness of any previous plans of the participant.

Decision on request

  (4)   If the participant requests a variation of the participant's plan, the CEO must before the end of the period of 21 days beginning on the day the CEO receives the request:

  (a)   make a decision under subsection   (1) varying the plan; or

  (b)   make a decision not to vary the plan; or

  (d)   inform the participant that the CEO requires further time to decide whether or not the plan needs to be varied.

Note:   If the CEO informs the person that the CEO requires further time to decide whether or not the plan needs to be varied, see subsection   (8) for the period for making a decision on the request.

  (5)   If the CEO does not do a thing under subsection   (4) within that 21 - day period, the CEO is taken to have decided not to vary the plan.

Matters to which the CEO must have regard

  (6)   The National Disability Insurance Scheme rules may set out matters to which the CEO must have regard:

  (a)   in deciding whether to vary a participant's plan on the CEO's own initiative; or

  (b)   in doing a thing under subsection   (4).

Time for decision on request

  (8)   If, under paragraph   (4)(d), the CEO informs the participant that the CEO requires further time to decide whether or not the plan needs to be varied, the CEO must then vary the plan under subsection   (1) or make a decision not to vary the plan:

  (a)   within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph   (which may take account of section   50 (information and reports)); or

  (b)   if there are no such rules--as soon as reasonably practicable, including what is reasonably practicable having regard to section   50 (information and reports).

Variation may be different from the one the participant requested

  (9)   If the participant requests a variation of the participant's plan, any variation under subsection   (1) may be different from the one requested.

When variation takes effect

  (10)   A variation under subsection   (1) takes effect on the day specified in the variation (which must not be earlier than the day the variation is made).

Agency to give participant a copy of varied plan

  (11)   The Agency must provide a copy of the varied plan to the participant within 7 days of the variation taking effect.