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NDIS Act Explained: Replacement supports

The criteria for getting a non-NDIS support approved under the new legislation is next-level, NDIS-style complicated. Chris explores what supports participants apply for under the replacement process, the criteria to be met, and the application process.

By Chris Coombes

Updated 10 Dec 202410 Dec 20248 min read
NDIS Act with scales, a gavel and personal accessories

On the 3rd of October, the new transitional rules defining an NDIS Support came into play. The Rules include an “in” and “out” list, which outline what supports can be considered NDIS Supports, and what supports are generally not considered NDIS Supports. These lists have ramifications for who can access the scheme, what supports the NDIA is allowed to fund, and what supports a person is allowed to purchase. If you want to read up on the lists, check out an earlier DSC article ‘NDIS support lists released.’

But what if someone needs a support from the “out” list? There are good reasons why items like smart watches with fall detection, robot vacuum cleaners, or a washing machine, might be a really good investment for a person and for the Scheme.

After advocacy from the disability community, the government included a replacement power late in the law-making process. The replacement process allows people to apply to use their existing NDIS funds on certain supports that are on the “out” list.

But on a scale of 1 to NDIS, these new replacement powers are NDIS+5 level complex. Fear not. We’ll gobble it up slowly.

What supports can participants apply to access through the replacement process?

Currently, people can seek replacement supports in the following 5 categories:

  1. Standard commercially available household items;
  2. Smart watches;
  3. Tablets;
  4. Smartphones;
  5. An app used for accessibility or communication purposes.

If a replacement application is not approved, the person can’t apply for that same replacement support again for 12 months.

What are the criteria for a replacement support?

The test for whether a person can apply to spend their funds on a replacement support depends on exactly what support it is. There are criteria in both the new NDIS Act and transitional Rules. This is where things get messier than my formal afterparty, a time when things from the “out list” were also seriously sought after.

For a person to spend their NDIS funding flexibly on an “out list” support, they must convince the NDIA that the support:

  • Will replace one or multiple NDIS Support(s) for that participant (see the lists and the person’s plan for what could be replaced); and
  • Is the same or lower cost than the total cost of the supports it would replace; and
  • Delivers the same or better outcomes; and
  • Meets the requirements in the Rules.

Crucially, it’s not good enough that the smart watch will reduce hospitalisations. It also needs to reduce the need for other NDIS Supports (e.g. a support worker).

If the required “out list” support is considered a ‘standard commercially available household item’, in addition to the criteria above, the person will also need to convince the NDIA that the requested support:

  • addresses the needs arising from impairments that meet the access criteria; and
  • increases whole task independence; and
  • reduces or eliminates the need for a support worker or disability specific assistive technology.

If someone is seeking technology that is eligible for the replacement process, they must also provide evidence that the support:

  • is necessary to address the communication or accessibility needs of the participant arising from an impairment that meets the access requirements.

Don’t worry, there’s a form.

How do participants apply for a replacement?

If a person wants to purchase a support from the out list, they should first check the “out list” support is an eligible replacement support. They can then either:

  1. Call the 1800 number to do this process over the phone; or
  2. Complete this Application for a Replacement support and send it to [email protected] (which has the advantage of leaving a paper trail).

If the NDIA approves the replacement support, payments will be managed through claim and payment enquiries. The NDIA should provide this detail at the point of approval.

Can participants appeal the decision not to replace as support?

No, the decision to not approve a replacement support is not a reviewable decision under s99 of the Act.

Like to learn more?

If you want to dive into the practicalities of applying for a replacement support, check out our upcoming workshop: Replacement Supports: How, When and Why?

To learn more about the changes to the legislation, check out our past articles:

And check out our upcoming training:

Authors

Chris Coombes

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