What is a standard household item or product?

Nobody needs rules more than my 5-year old nephew. Rules let you know the boundaries and what you can get away with. Thanks to rules, my nephew now knows he is not allowed to play with my toothbrush or leave it bristle-side-down on the toilet.

Speaking of rules and toothbrushes (segue alert), the government’s new rules clarify that ‘standard household items’ and ‘products’ can no longer be funded or purchased with NDIS funds.

After the transitional Rules came into effect on 3rd October, 2024, any support funded or purchased in a plan must be an “NDIS support”. The transitional Rules define NDIS Supports through new “in” and “out” lists. The government said it introduced these lists to provide clarity for NDIS participants on how they can spend their funding. To learn more about NDIS supports, check out our article: NDIS support lists released- finally!

If someone wants to use their funds on a ‘standard commercially available household item,’ they can submit a ‘replacement’ application to get permission from the NDIA (more on this soon).

In this article, we look at the definition of a standard household item, what it could mean in practice, and how the new Administrative Review Tribunal (ART) grappled with this question. We end with some tips and tricks for accessing these supports.

So what is a standard household item?

In the new Transitional Rules, scroll down to Schedule 2 1(i) and you’ll see it prohibits the funding or purchase of “standard household (including garden) items, appliances, tools and products”. In the definitions section, it says a “standard item for a participant or prospective participant means an item that is not modified or adapted to address the functional impairments of the participant […]”.

So, standard household items, appliances or products are ordinary things people have in their home that haven’t been changed or adapted to meet a person’s disability needs. To use a simple example, a dysphagia cup that helps a person swallow might be considered an NDIS support, because it’s adapted to a person’s disability needs. However, your standard Ikea cup, not so much.

But while there’s never exactly been an influx of participants claiming Ikea cups, such a broad definition will catch previously-funded things. For example, before the new Rules, a participant with Multiple Sclerosis, after going to the Administrative Appeals Tribunal, was funded for an air-conditioner to manage their body temperature. But a new Tribunal decision concluded that air conditioning was a standard household appliance and was therefore on the “out list.” This meant the NDIS couldn't fund an air conditioner, even if the need for it arises because of a person's disability like in the example discussed above.

A single Tribunal decision does not strictly set a precedent, meaning the NDIA or future Tribunal Members can choose not to follow it. And what meets the reasonable and necessary criteria differs between individuals depending on their personal context. But the Tribunal isn’t only for solving a disagreement between a person and the NDIA, they also make decisions about how laws should be implemented in practice. For this reason, the Tribunal's decisions are meant to inform the NDIA’s decision making.

The Tribunal’s exploration of standard household items and what it means for collecting evidence

In VPYC v NDIA, a 15 year old (via his mother) requested a weighted blanket (among other things).

The Tribunal grappled with the question of whether a weighted blanket is a standard household item. The Tribunal, using a dictionary, defined “modified” as “to change somewhat the form or qualities of; alter somewhat”. It defined “adapted” as “to make suitable to requirements; adjust or modify fittingly”.

The NDIA argued that a weighted blanket is not adapted or modified, while the mother said a weighted blanket was adapted and modified from a regular blanket. In the end, the Tribunal didn’t actually resolve this question. However, the Tribunal did raise some important questions that might be useful guidelines for people collecting evidence.

The Tribunal considered these factors to be important in deciding whether something is a standard household item:

• At what point was the blanket modified or adapted: before it was made or after?
• What are the specific needs that the support addresses?
• Was it prescribed or modified by an occupational therapist?

This gives you a sense of what the NDIA and Tribunal will need to know when considering requests for things that seem like standard household items.

A person making a grey-area purchase should attempt to get clarity from the NDIA first. It would also be advisable to keep records in case they are audited by the NDIA or queried by an (understandably) anxious plan manager.

The decision not to fund a support is reviewable. The NDIA’s decision to change management style, plan period, and refusal to waive a debt are also reviewable decisions.

Replacement Support

Replacement Support is a process where a person can apply to use their funding on “commercially available household items”, smart watches, tablets, smart phones, and accessibility/ communication apps. But this requires the NDIA’s approval.

Replacement powers are not about getting more funding in a plan; but about getting permission to use funds flexibly on a specific supports on the “out list”.

To be approved for a commercially available household item, a person needs to convince the NDIA that the item does all of the following:

• replaces another NDIS-funded support in the plan;
• is the same price or cheaper;
• delivers the same or better outcomes;
• increases whole of task independence;
• reduces or eliminates the need for a support worker or disability-specific assistive technology;
• addresses the needs of the participant arising from an impairment that meets the access criteria.

This decision is not reviewable.

To learn more about replacement supports, check out our article: NDIS Act Explained: Replacement Supports.

Or attend our training: Replacement Supports: How, When and Why?

Or find the application form on the NDIA’s website: What is a replacement support?

What happens if a person buys a standard household item?

The new laws give the NDIA more policing powers around spending. If a participant or nominee purchases a standard household item or product (without replacement approval), the NDIA can change the person’s plan management type, change their funding period and, in some cases, raise a debt. If a provider delivers a standard household item, they can have payments placed on hold or debts raised.

Rob and I explain these powers and more in our workshop New NDIS Law: Changes to Debt and Spending Compliance Powers.

Conclusion

There are still a lot of unknowns about how standard household items and products will be defined and implemented in practice. But as these laws are now active, let’s hope we will get answers soon. Now to replace my toothbrush.

Disclaimers

If you’re unsure whether you can purchase that thing, chat with your Plan Manager, Support Coordinator, Local Area Coordinator… or you could brave the 1800 number and ask for something in writing.

I am not a lawyer. This is general information only; not individual or legal advice. I’ve tried my best to be careful, but sometimes I get things wrong. Please seek advice from a Community Legal Centre or Legal Aid about how any of this might apply to your situation.