Reasonable and Necessary
Dear National Disability Insurance Agency,
I have been given conflicting information regarding spending of NDIS amounts and hoping to seek clarification please.
I have been advised that Reasonable and Necessary supports are put into the plan at the time it's created but Spending needs to be in accordance with the plan which means meets disability needs is this correct?
In the Self Managers guide it says self managed participants are responsible for in accordance with the plan. In the Plan Manager guide it says plan managers are responsible for in accordance with the plan. Agency Managed are responsible for in accordance with the plan. I could not find any documentation on participants responsibility who are plan managed could you please direct me to this document?
How does a participant know what is in accordance with the plan if it does meet goals and disability needs?
Yours faithfully,
A-Z inquiry
Thank you for your email to the National Disability Insurance Agency
(NDIA) Freedom of Information (FOI) team.
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Kind regards
Freedom of Information Team
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [NDIA request email]
References
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1. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
2. https://www.ndis.gov.au/about-us/policie...
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3. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
4. https://www.ndis.gov.au/participants/usi...
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6. https://data.ndis.gov.au/
https://data.ndis.gov.au/
7. mailto:[NDIA request email]
mailto:[NDIA request email]
8. https://www.ndis.gov.au/about-us/policie...
https://www.ndis.gov.au/about-us/policie...
9. mailto:[email address]
mailto:[email address]
10. https://www.ndis.gov.au/
https://www.ndis.gov.au/
Hi A-Z
Thank you for your enquiry regarding participant responsibilities when
they are plan managed.
As a participant, child representative or payment nominee you are
responsible for making sure the supports that you purchase are directly
related to your disability, align with your plan and are not covered or
delivered by another service system or organisation (eg. Medicare or
private health insurer).
The NDIS can’t fund a support if it’s the responsibility of another
service system or if it is considered a daily living expense. Items like
groceries, rent or bills are still a personal expense, and you cannot use
your NDIS funding to pay for day-to-day items.
Your LAC or NDIS Contact can provide further explanation of what the
funding within your plan can be used for. Your NDIS contact name and
contact details are noted on page One of your NDIS plan. Alternatively,
you can email [email address] or ph 1800 800 110 and request a call
back from a planner.
Additional information on managing your plan
[1]https://www.ndis.gov.au/participants/usi...
and participant responsibilities
[2]https://www.ndis.gov.au/participants/you...
can be found on the NDIS website
I hope this information is of assistance.
Freedom of Information Officer
Parliamentary, Ministerial and FOI Branch
Government Division
National Disability Insurance Agency
E: [3][NDIA request email]
[4]Title: NDIS delivered by the National Disability Insurance Agency
[5]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[6]Aboriginal and Torres Strait Islander flags graphic
inquiry
This is not a plan management inquiry but a 'spent in accordance with the plan' request and i do not feel this has been answered sufficiently.
Your answer literally contains supports must 'align with your plan' and this is vague and not helpful. Please expand on what is 'spend in accordance with the plan' and where can information on this be found.
You also say everyday expenses can't be funded which is directly against legislation that says if disability related they can be so are you required to provide factual information here or just opinions?
NDIS fund transport which is everyday expense and disability related in a lot of cases and classic example.
So to simplify it does not need to be reasonable and necessary but in accordance with the plan and you can provide me no documentation about this request? What is the exact legal criteria for this?
Dear A-Z
Thank you for your email below requesting an internal review under the
Freedom of Information Act 1982.
I apologise for this late acknowledgement of your request.
I am writing to advise that your request is not valid. This is because the
NDIA did not make a decision under the FOI Act in response to your
original application dated 19 December 2023. We responded to your request
informally by providing some advice about “reasonable and necessary
supports” available under the National Disability Insurance Scheme, but we
did not make a formal decision about providing you with access to
documents.
Because we did not make a formal decision on your original request, we are
deemed to have refused you access to documents in our possession. What
follows from that is that you do not have a right to internal review by
the NDIA. You do have a right to review by the Office of the Australian
Information Commissioner (OAIC). You can also complain to OAIC or the
Commonwealth Ombudsman about our handling of your request. Information
about these rights is set out below my signature block.
Alternatively, you can make a fresh FOI application to the NDIA. If you
want to do this, please note that a request under the FOI Act must be a
request for documents rather than for advice or information. If you
require advice or information about what NDIS funding can be used for, I
suggest that you approach your Local Area Coordinator or NDIS Contact for
clarification. The FOI team are not experts in this area.
Should you wish to discuss the contents of this email, please advise of
your phone number and a suitable time to call you.
Regards
Helen
Assistant Director – Freedom of Information
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
Your review rights
Review by the Office of the Australian Information Commissioner
The FOI Act also gives you the right to apply to the Office of the
Australian Information Commissioner (OAIC) to seek a review of this
decision.
If you wish to have the decision reviewed by the OAIC, you may apply for
the review, in writing, or by using the online merits review form
available on the OAIC’s website at [1]www.oaic.gov.au, within 60 days of
receipt of this letter.
Applications for review can be lodged with the OAIC in the following ways:
Online: [2]www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Email: [3][email address]
Phone: 1300 363 992 (local call charge)
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Phone: 1300 362 072 (local call charge)
Email: [4][email address]
Your complaint should be in writing and should set out the grounds on
which it is considered that the actions taken in relation to the request
should be investigated Division.
Dear A-Z inquiry,
Thank you for your request for information.
I was wondering if there was a phone number that I could contact you on to
discuss your request for information.
If you are uncomfortable speaking with me on the phone please let me know
and we can discuss over email.
Please contact us at [1][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
Dear A-Z inquiry,
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
From: foi <[NDIA request email]>
Sent: Tuesday, April 9, 2024 9:50 AM
To: '[FOI #10978 email]'
<[FOI #10978 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 23/24-0993 – Your request for information – Communication
[SEC=OFFICIAL]
Dear A-Z inquiry,
Thank you for your request for information.
I was wondering if there was a phone number that I could contact you on to
discuss your request for information.
If you are uncomfortable speaking with me on the phone please let me know
and we can discuss over email.
Please contact us at [6][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [7][NDIA request email]
[8]NDIA logo
[9]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[10]Aboriginal and Torres Strait Islander flags graphic
Dear A-Z Inquiry
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require these in a different format, please let us know.
Please contact us at [1][NDIA request email] if you have any questions or
require help.
Thank you.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [2][NDIA request email]
[3]NDIA logo
[4]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[5]Aboriginal and Torres Strait Islander flags graphic
From: foi <[NDIA request email]>
Sent: Wednesday, April 17, 2024 12:59 PM
To: '[FOI #10978 email]'
<[FOI #10978 email]>
Cc: foi <[NDIA request email]>
Subject: FOI 23/24-0993 – Communication – Request Consultation Process
[SEC=OFFICIAL]
Dear A-Z inquiry,
Thank you for your request for information.
Please find attached correspondence in relation to your request. If you
require the attachment in a different format, please let us know.
Please contact us at [6][NDIA request email] if you have any questions or
require help.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [7][NDIA request email]
[8]NDIA logo
[9]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[10]Aboriginal and Torres Strait Islander flags graphic
From: foi <[11][NDIA request email]>
Sent: Tuesday, April 9, 2024 9:50 AM
To: '[FOI #10978 email]'
<[12][FOI #10978 email]>
Cc: foi <[13][NDIA request email]>
Subject: FOI 23/24-0993 – Your request for information – Communication
[SEC=OFFICIAL]
Dear A-Z inquiry,
Thank you for your request for information.
I was wondering if there was a phone number that I could contact you on to
discuss your request for information.
If you are uncomfortable speaking with me on the phone please let me know
and we can discuss over email.
Please contact us at [14][NDIA request email] if you have any questions or need
help.
We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.
Kind regards
Jordyn
Senior FOI Officer
Complaints Management & FOI Branch
General Counsel Division
National Disability Insurance Agency
E [15][NDIA request email]
[16]NDIA logo
[17]LGBTIQA+ rainbow graphic
The NDIA acknowledges the Traditional Custodians of Country throughout
Australia and their continuing connection to land, sea and community. We
pay our respects to them and their cultures and to Elders past, present
and emerging.
[18]Aboriginal and Torres Strait Islander flags graphic