09/03/2025
⚖️ The NEW NDIS (Variation and Reassessment of Participants' Plans) Rules 2025 Explained
• This set of Rules look a lot like the NDIS Operational Guidelines we have had for a while, turned into Legislation, with not many major changes in the way the NDIS does things, just more detail on the types of changes likely to trigger a Plan variation or reassessment.
• In practical terms, I think most people, after their next reassessment, will have mostly the same plan funded NDIS Supports for up to five years (with any needed variations during that time), or until there is a major life change that means a need for a change to their funded NDIS Supports.
• You can think of full end of plan reviews as Scheduled Reassessments, and when there is a significant change in your life, this might allow for an Unscheduled Reassessment. The NDIS can decide at any time to do an Unscheduled Reassessment.
• I am NOT a lawyer and this is not legal advice!
⚖️ The NDIS (Variation and Reassessment of Participants' Plans) Rules 2025 explain:
🔄 Changing a Participant's Plan
✏️ A participant's plan can be changed in two ways:
1. Variation – A smaller or short term change made without creating a new plan.
2. Reassessment – A full review of the plan, which may lead to a new plan.
📑 How Variations Work
1.⚠️ Emergency or Crisis Changes
• A plan can be varied for emergency funding if:
• The participant suddenly needs more NDIS supports.
• There is a big change in their:
o Abilities (e.g., losing mobility). This is also called a change in Functional Capacity.
o Support from family or carers (e.g., unpaid carer is unexpectedly unwell).
o Living situation (e.g., moving homes suddenly).
• The change must be urgent.
• The funding must be for a short time or a one-time payment.
• The funding must be from NDIS, not another government program.
2. 🔼 Small Increases in Funding
• A plan can get a small funding increase if:
• The participant needs a new type of support.
• The support is only for a short time or a one-time payment.
• The new support is not the same as existing funded supports.
3. 🚗 Equipment and Home or Vehicle Modifications
• Extra funding may be given if:
• Equipment (e.g., wheelchair or orthotic) needs repair or replacement.
• Home modifications or vehicle changes are needed.
• The cost has increased, and the original funding is not enough (like when a provider no longer able to help and the new one costs more).
4. 📝 New Plan Goals (this has not changed)
🔄 An NDIS participant can change their goals anytime.
• The new goals must be accepted by the NDIS.
• The NDIS must give the participant a varied plan in 7 days with the new goals.
• The NDIS might decide that you need a reassessment when they see your new goals.
🔍 How Reassessments Work
🕵️♂️ When Will a Plan Be Fully Reviewed?
• The CEO (and delegates/planners) will decide if a full reassessment is needed.
• The changes must require a change to the funded NDIS Supports.
AND
The NDIS CEO/delegate have to think about:
• Has the participant’s functional capacity changed?
• Has their support from family or carers changed on an ongoing basis?
• Has their living situation changed?
• Is the participant going through a major life change? (like moving from primary to high school, starting a job, getting pregnant)
• Has there been a compensation payment (e.g., court or insurance claim)?
• Is the Plan required to be reassessed (eg it’s been five years of the same new framework plan – these are not planned to start until later in 2025)?
• Other things the CEO might think is important to think about.
⚖️ Reviewable Decisions
• Some decisions made by the CEO of the NDIS Agency can be reviewed. If a participant does not agree with a decision, they can ask for a review.
• The following decisions can be reviewed under Section 99 of the NDIS Act:
• Decision to vary or not vary a plan (change or not change a plan).
• Decision not to reassess a plan (refusing a full review).
• If the CEO does not make a decision within 21 days, it is treated as a decision not to make the change, and this can also be reviewed.
If you want to learn about this live, and/or have access to our Plan Reassessments and Reports Resource Kit, Join Sam at a workshop on Thursday April 24th https://www.thegrowingspace.com.au/events/ The Kit and Workshop is all about Plan Reassessments, Variations and Getting Good Reports, and includes checklists, handouts, the slides and transcript as well as access to the recorded video to watch later. There will be time for questions.
📢 Do You Want to Learn More about Plan Variations, Reassessments and Reports?
📅 Join Sam at a workshop on Thursday, April 24th.
🔗 Sign up here: https://www.thegrowingspace.com.au/events/
🎥 What you will get:
✅ A resource kit with checklists, slides, and handouts
📄 A transcript of the workshop
📺 A link to recorded video to watch again or later
❓ Time to ask questions inthe live session
pic desc: some of the documents I used (and the fuel/coke used to help understand them) on a desk. The documents included the compiled new NDIS Act. The NDIS Rules, the explanatory memorandum, new operational guidelines, old operational guidelines, NDIS Act and Rules.
