NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 35 National Disability Insurance Scheme rules for statement of participant supports

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 (NO. 20, 2013) - SECT 35

             (1)  The National Disability Insurance Scheme rules may prescribe:

                     (a)  a method for assessing, or criteria for deciding, the reasonable and necessary supports or general supports that will be funded or provided under the National Disability Insurance Scheme; and

                     (b)  reasonable and necessary supports or general supports that will not be funded or provided under the National Disability Insurance Scheme; and

                     (c)  reasonable and necessary supports or general supports that will or will not be funded or provided under the National Disability Insurance Scheme for prescribed participants.

             (2)  The methods or criteria prescribed by the National Disability Insurance Scheme rules for assessing or deciding the reasonable and necessary supports that will be funded may include methods or criteria relating to the manner in which the supports are to be funded and by whom the supports so funded are to be provided.

             (3)  The methods or criteria prescribed by the National Disability Insurance Scheme rules for assessing or deciding the general supports that will be provided may include methods or criteria relating to the manner in which the supports are to be provided.

             (4)  The methods or criteria prescribed by the National Disability Insurance Scheme rules for assessing or deciding the reasonable and necessary supports that will be funded under the National Disability Insurance Scheme may include methods or criteria relating to how to take into account:

                     (a)  lump sum compensation payments that specifically include an amount for the cost of supports; and

                     (b)  lump sum compensation payments that do not specifically include an amount for the cost of supports; and

                     (c)  periodic compensation payments that the CEO is satisfied include an amount for the cost of supports.

             (5)  The methods or criteria prescribed by the National Disability Insurance Scheme rules for assessing or deciding the reasonable and necessary supports that will be funded under the National Disability Insurance Scheme may include methods or criteria relating to how to take into account amounts that a participant or prospective participant did not receive by way of a compensation payment because he or she entered into an agreement to give up his or her right to compensation.