The Australian Government has today released the transitional lists of what can and cannot be funded by the NDIS. PWDA is deeply concerned that these lists are only being made available less than two days before they come into effect with no guarantee that the information and how it impacts individual plans will be communicated directly to participants beforehand. PWDA has emphasised reasonable notice of changes, information on how they impact individual plans and supports, and accessible communication should have been in place before a go-live date was decided. “These are transitional lists and the final rules governing what can and cannot be funded by the NDIS are still to be decided. Reasonable notice and communication on how the changes will impact each participant must be in place before any future changes are rolled out. As this hasn’t occurred, even though existing plans won’t be changing straight away PWDA is concerned participants will be confused about what they can access and some people may go without critical supports because they’re worried they’ll end up with a debt,” PWDA President Marayke Jonkers said.
The transitional lists come with a 12-month “transition period” during which participants won’t be automatically penalised for purchasing items that are not approved and cost less than $1,500. PWDA is seeking further clarity on debt raising and recovery, especially for self-managed participants and supports over $1,500.
“We don’t want to see participants punished for honest mistakes – especially when communication about these changes has been limited. A transition period is a good thing but we will still want further clarity on how the debt raising and recovery processes will work, including what information will be provided to participants who make mistakes,” Ms Jonkers said.
There will be a substitution process so participants can make a request to the NDIA for a support that is not on the lists. PWDA has called for improved communication to participants on how this process will work.
“The new substitution process needs to be better communicated. Participants remain concerned they won’t be able to access supports they need urgently, and will be excluded this week. It’s also still not clear who will be responsible for cancellation costs. We look forward to clear and accessible communication of how substitutions will work,” Ms Jonkers said.
PWDA acknowledges that some participant concerns about what they can use NDIS funds for have been addressed in the published lists but major issues regarding participant choice and control and access to reasonable and necessary supports remain. “The inclusion of supports like menstrual products, adaptive clothing, and assistance with maintaining employment is welcome. However, we’re still seeing critical supports excluded. Pre-prepared meals from the supermarket would allow us access to safely prepared food in a cost-effective way on days a support worker is unavailable – which with a nationwide shortage happens more often than you’d think. Battery generators and electricity costs keep people safe and alive who need to moderate their temperature or manage in a natural disaster. These are just a few examples of what we will be advocating for to be included in the final rules,” Ms Jonkers said. PWDA has emphasised the values of reasonable and necessary and participant choice and control must be at the heart of the final rules. “A principles based approach is key to ensuring the supports necessary for individual participant’s quality of life are included,” Ms Jonkers said. PWDA has called on the Department of Social Services to publish the findings from their consultation on the draft lists of supports before co-design activities to develop the formal rules commence. “We want to understand which concerns from our community have been addressed and what still needs to be considered. An example would be a discussion around the high evidence-based threshold and its impact on people with disability’s access to emergent therapies. Alternative and complementary therapies, like somatic therapy can be life-changing but won’t be available under these lists despite their growing evidence base,” PWDA Deputy CEO Megan Spindler-Smith said. PWDA is calling for genuine co-design to ensure the final rules work for participants. “The experience with the consultations for these lists must not be replicated for the final rules. We need genuine co-design not time-limited and inaccessible consultation. Now that the disability reform roadmap has been recently released by the Australian Government, people with disability and representative organisations need to work with all levels of government to ensure that there are no gaps in disability support and trust,” Mx Spindler-Smith said.
