New Changes in NDIS Rules that will Commence on January 2023

New Changes in NDIS Rules that will   Commence on January 2023

New Changes in NDIS Rules 2023

The National Disability Insurance Scheme (NDIS) is the Australian Government’s commitment to ensuring that people with disabilities can participate in society. The NDIS was introduced on 1 July 2013, and provides support to eligible participants who need assistance to meet their daily living needs.

NDIS Rules 2023

On 1 January 2023, the NDIS will be fully rolled out across Australia. This means that all people with disabilities who are eligible for support will be able to access it.

The NDIS has four key principles:

  • Choice and control for participants
  • Individualized plans based on their goals and aspirations
  • No-fault insurance for providers
  • Funding aligned with need (rather than just looking at the cost of services).

The NDIS gives participants a direct say in how their money is spent on supports or services they need – this includes things like equipment such as wheelchairs or computers, personal careers or home modifications like ramps or handrails that make life easier for someone living with a disability.

What is the purpose of this document?

This document is designed to help you understand the changes that will commence on 1 January 2023.

  • The NDIS Rules are a set of documents that explain how the NDIS works and what it can do for people with disabilities. They also set out how organisations providing services under the National Disability Insurance Scheme (NDIS) must operate, including approved providers and suppliers of support, equipment and accommodation.
  • These rules are updated periodically to reflect new laws or policies relating to disability support services. The next update will take effect from 1 January 2023 onwards – this means that any changes made by these rules will apply from this date onwards only!

The purpose of this document is to provide you with information about any changes or updates to the NDIS Rules that are being made by the National Disability Insurance Agency (NDIA) in 2023.

Here are some of the Rules, Policies and Changes which will take effect from 1/1/2023


Here are some of the rules, policies and changes which will take effect from 1/1/2023:

  • A person with a disability may be eligible for an NDIS plan if they are at least 18 years old and have a life-long or permanent disability.
  • A person who is under 18 years old can also be eligible for an NDIS plan as long as they meet certain criteria and their parents or guardians agree to consent on their behalf.
  • The decision about whether someone is eligible for funding has to be made by an approved provider (e.g., a health professional).

Rule 1 – Eligibility for the NDIS

To be eligible for the NDIS, you must:

  • have a permanent disability.
  • be under 65 years of age and have been receiving disability support payments for at least 2 years, or be under 65 and apply within 12 months of becoming eligible.
  • be an Australian citizen or permanent resident.
  • live in Australia (unless you are in an approved overseas country).
  • have not received any funding from any other scheme that provides disability services.


Rule 2 – Eligibility for People Who Are in Care

The NDIS is a scheme that provides Australian people with disabilities with funding to purchase the support that they need. The NDIS was introduced on 1 July 2016 and has been gradually rolled out across Australia since then.

From 1 January 2021, the NDIS will change the way it decides whether someone is eligible for support services. This means that some people who were previously eligible may no longer be eligible after this date; however, other people may become eligible for support under the new rules because their needs have changed since they last applied for eligibility or because their circumstances have changed since then (for example, if you are no longer living with your parents).

Rule 3 – Eligibility for People with a Mental Illness or Intellectual Disability

  • 1 Eligibility for people with a mental illness or intellectual disability

If you have a mental illness, such as schizophrenia or bipolar disorder, and are at risk of harm to yourself or others, your NDIS plan will provide support services. This could include:

  • Support for the person who is experiencing the symptoms of their condition (for example, someone who has been diagnosed with depression)
  • Assistance from an allied health professional such as a psychologist or social worker to help manage these symptoms; and/or
  • Placement in supported accommodation if necessary (for example in residential care).

Rule 4 – Eligibility for Remote Area Participants

The NDIS has released the rules for the Remote Area Participant (RAP) Scheme, which will commence on 1 January 2023. The RAP Scheme is designed to support people living in remote areas who are unable to access mental health services due to their location or lack of transport options.

Under this scheme, participants can access mental health services through telehealth technology such as video conferencing and other technologies that allow you to see your therapist remotely – even if they’re not physically present in your local area at all!


Rule 5 – Deferment of eligibility determination decision-making processes by the NDIA Board; suspension and revocation of eligibility determinations; personal assistance plans; plans for supports; discounting of personal contributions

The NDIS Act provides that if there is an issue with your plan, you will be notified in writing by email or post. This may include being asked to complete another form or provide more information to confirm your eligibility for a particular service under the NDIS. If we cannot resolve any issues with your plan within 30 days, we must refer them back to our Manager who will decide whether:

  • You are eligible for services under the NDIS (which means they can be provided from 1 January 2022).

Rule 6 – Payment Levels under the Flexible Support Packages (FSPs)

The NDIA has announced that it will increase the payment levels for FSPs from 1 January 2024. The changes are as follows:

  • For those who have an FSP, their current payment level will be maintained until 30 June 2023 and then increased by $25 per week on 1 July 2021, 1 January 2022 and 1 July 2022 to reach the new maximum weekly rate of $1,750 by 30 June 2023.
  • If you don’t have an FSP but would like one, you can apply for one now but won’t get your first payment until 1 July 2021 because no new customers are being accepted into this program at this time.

Enhanced Client Awareness of Compliance Approach and Support Plan Review

The rule that states that the client must be informed of the NDIA’s approach to compliance and the support plan review process has been added.

The NDIS will continue to monitor and evaluate how well providers are meeting their obligations under this Act to identify any areas where there may be issues with compliance, particularly regarding service delivery or complaint-handling processes. Where necessary, we will take action against non-compliant providers including issuing warnings or fines where appropriate (see section 2).

Evidence-Based Justification for Retained Plan Features

1.7.2 (3) – The rule that states that where a participant has an existing plan with specific features under a previous version of the National Disability Insurance Scheme that is no longer available in the current version, this should be supported by evidence from the participant or their representative as to why these features continue to be required for the participant to meet their needs or have been removed as inappropriate as part of a transition process, has been included.

Clear Funding Cessation Guidelines for Support Plans

8.3 (3) – A statement outlining how and when funding will cease has been included to ensure clarity on when and how funding will stop being paid under a participant’s support plan after they have passed away or if they move out of Australia.

For example, if you are living in Australia and become eligible for the NDIS on 1 January 2020, your plan may include an option for the purchase of a wheelchair-accessible vehicle (WAV). If this WAV is no longer needed by 1 July 2022, you would need to notify us that you no longer require it so we can cancel this component of your plan.

Plan Management Coordination of Supports in the Plan

The Plan Management supports the coordination of Supports in the plan. It can be used to coordinate a young person’s support, or it can monitor other NDIS plans to ensure that they are consistent with the young person’s current needs and future aspirations.

This is particularly important for young people who are eligible for both NDIS and mainstream funding. It can also be used to coordinate support with other providers, such as schools or health services.

Plan Management provides a single system for storing and accessing information about the young person’s support. It is designed to support the NDIS Participation Plan process, as well as other systems used by service providers and families.

Capacity Building Supports

In addition to the NDIS funds, people with disabilities can also access capacity-building support. These are designed to help build independence, social and community participation and improve wellbeing so that you can live life according to choice.

Capacity Building Supports include:

  • Independent living skills training;
  • Employment support;
  • Community participation supports such as assistive technology or equipment (e.g., hearing aids).


We hope that you are now better informed about the changes to NDIS rules, which will commence on 1 January 2023. We have tried to keep this article as simple as possible so that it’s easy for you to understand what is happening and how it may affect you or your family members who use support under the scheme.

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