National Disability Insurance Scheme supports lists released

3 minute read  14.10.2024 Penelope Eden, Jonna-Susan Mathiessen

Following public consultation, the updated NDIS supports lists detailing participant funding uses have been released, effective from 3 October 2024.

Announced on 1 October 2024 following public consultation, the Hon. Bill Shorten MP released the National Disability Insurance Scheme (NDIS) supports lists (lists), which take effect from Thursday 3 October. The supports lists detail what NDIS participants can and cannot spend funding on and this marks the first review of the lists since the commencement of the NDIS.

NDIS generally funds a requested support if it is related to a participant's disability needs and meets all of the requirements outlined in the NDIS Funding Criteria. Conversely, the NDIS will not fund a requested support if it is not related to a participant's disability, is not evidence based, or relates to day-to-day living costs (such as rent or groceries). We provide a summary of the key changes below:

  • Separate substitution list: Following the passing of the National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Bill 2024 (Cth) in Parliament in August, a separate 'substitution list' has been introduced. This list allows participants to submit a request to the National Disability Insurance Agency for a replacement support in cases where a standard household item might be able to provide better outcomes and value. For example, where a participant with complex communication needs uses a tablet as their primary means of communication, it may be considered for replacement.
  • Transition period: Although the new lists are based upon existing guidance meaning 'in most cases there is unlikely to be any change to the supports a person is currently using', there will be a 'transition period' for the first year of the new lists. Participants who mistakenly claim an item which is not an NDIS support will not have a debt raised for first or second mistakes made in claiming where the support is worth less than $1,500. Additionally, participants will be able to maintain access to specified supports in their plans and to supports deemed reasonable and necessary by the Administrative Appeals Tribunal, even if these supports now form part of the excluded list.
  • Other key changes: New additions to the supports lists include:
  • menstrual products required specifically due to a participant’s disability support needs in 'assistive products for personal care and safety';
  • internal and external building modifications required to remedy damage arising exclusively from disability-related behaviours; and
  • participation in cultural activities for First Nations participants.

From 1 October 2024, providers can claim Intensive and Complex Behaviour Supports at the same price limit as High Intensity Supports if certain requirements are met, addressing concerns arising from the removal of 'challenging behaviours' from the High Intensity Support definition in the Pricing Arrangements and Price Limits in July this year. To charge for this support, providers must provide behaviour support in line with the participant's plans, be registered and assessed for Module 2A (Implementing Behaviour Support Plans) by 30 June 2025 or apply for registration with a completed Module 2A audit by 30 June 2025.


In light of these updates, we recommend that providers engage with NDIS participants to assess if the amendments have impacted their supports, and if there are any changes required as a result.

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https://www.minterellison.com/articles/national-disability-insurance-scheme-supports-lists-released