Consultation period

9 September 2021 - 10:00 am To 7 October 2021 - 11:59 pm

Changes to the Becoming a Participant Rule

The 2019 review of the National Disability Insurance Scheme Act 2013 (NDIS Act) recognised the challenges people with psychosocial disability had in accessing the National Disability Insurance Scheme (NDIS) (recommendation 8).

This is due to a lack of clarity in the law around how a psychosocial disability should be considered as a permanent disability. The treatment of a psychosocial disability can differ from a physical or neurological disability because treatment is largely focused on recovery and improvement. Further, psychosocial disabilities are often fluctuating and episodic in nature which has made it challenging for individuals with a psychosocial disability to provide evidence of permanency to access the NDIS.

What is changing

The changes to the National Disability Insurance Scheme (Becoming a Participant) Rule 2016 will clarify when a person’s impairments are, or likely to be permanent, for the purposes of the disability or early intervention access requirements. The Rule will ensure people with psychosocial disabilities are supported to access and test their eligibility for individually funded supports under the NDIS, by recognising that some psychosocial conditions may be episodic and fluctuating in nature. The revised Rule will also reflect best practice drafting standards.

What you should read

You can read the following document to understand the changes to the Rule:

If you want more information, you can also read the:

Have your say

You can have your say on the revised Becoming a Participant Rule by making a submission.