Commonwealth Consolidated Acts

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 46

Requirement to spend money only on NDIS supports and in accordance with plan

  (1)   A participant who receives an NDIS amount, or a person who receives an NDIS amount on behalf of a participant:

  (a)   may spend the money only on NDIS supports for the participant; and

  (b)   must spend the money in accordance with the participant's plan (subject to paragraph   (a)).

Note 1:   A failure to comply with this subsection   (including due to the operation of subsection   (1A) or (1B)) may lead to a variation of the participant's plan under section   47A:

(a)   to change the management of the funding for supports under the plan (see sections   43 and 74); or

(b)   for a new framework plan--to specify a proportion of flexible funding that may be spent only on specified NDIS supports for the participant (or to change such a proportion); or

(c)   for any plan--to reduce the duration of funding periods for particular funding under the plan and the amount of funding that will be provided during any particular funding period.

Note 2:   See also subsection   182(3) (debts due to the Agency).

  (1A)   If:

  (a)   a participant acquires a support for themselves or a support is provided to a participant; and

  (b)   either:

  (i)   the support is not an NDIS support for the participant; or

  (ii)   the participant's plan is not complied with in connection with the acquisition or provision of the support; and

  (c)   a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the participant or another person;

then the participant is taken for the purposes of subsection   (1):

  (d)   to have received an NDIS amount equal to the payment; and

  (e)   if subparagraph   (b)(i) of this subsection applies--to have spent that money other than on NDIS supports for the participant; and

  (f)   if subparagraph   (b)(ii) of this subsection applies--to have not spent that money in accordance with the participant's plan.

  (1B)   If:

  (a)   a person (the first person ) other than a participant acquires a support for a participant or provides a support to a participant; and

  (b)   either:

  (i)   the support is not an NDIS support for the participant; or

  (ii)   the participant's plan is not complied with in connection with the acquisition or provision of the support; and

  (c)   a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the first person or any other person;

then the first person is taken for the purposes of subsection   (1):

  (d)   to have received an NDIS amount on behalf of the participant that is equal to the payment; and

  (e)   if subparagraph   (b)(i) of this subsection applies--to have spent that money other than on NDIS supports for the participant; and

  (f)   if subparagraph   (b)(ii) of this subsection applies--to have not spent that money in accordance with the participant's plan.

Requirements relating to retention of records

  (2)   The National Disability Insurance Scheme rules may make provision for and in relation to the retention of records of NDIS amounts paid to participants and other persons, including requiring that prescribed records be retained for a prescribed period.

  (3)   The National Disability Insurance Scheme rules may make provision for and in relation to the retention of records by NDIS providers that receive NDIS amounts on behalf of participants, including requiring that prescribed records be retained for a prescribed period.