NDIS Changes To Legislation: What's New And What It Means For You
If you or a loved one are an NDIS participant or are applying to access the NDIS, there are some important changes to the NDIS rules to know about that came into effect on 3 October 2024.
Some changes are already in place and others are coming soon.
This post breaks down some of the key changes, what they are, what they mean for you, and why they matter.
At A Glance - Key Changes
The changes will affect people applying to access the NDIS and existing NDIS participants.
Only NDIS supports can be funded: There's now a clear definition and list of NDIS supports on the NDIS website.
Disability requirements (updated): The disability requirements have been updated to be clear that people should only apply to access the NDIS if they require supports that are NDIS supports.
Separate access pathways made clear: When applying, the NDIA will confirm whether you met access requirements through disability requirements, early intervention requirements, or both.
Supports must link to recorded impairments: The NDIS funding relates only to the impairments that met access. Under the NDIS, an impairment is a loss of or damage to your body's function.
There are 6 categories of impairment the NDIA consider including intellectual, cognitive, neurological, sensory, physical and psychosocial impairments.Impairment notices: From 1 Jan 2025, new eligible NDIS applicants get a notice listing the impairments used to meet access. (Timing for existing participants will be confirmed.)
Funding periods in new NDIS plans: New plans show total funding and is split into funding periods. A funding period is a set amount of time to spend your funds within, for example weekly, monthly or quarterly (every three months).
What's changed from 3 October 2024?
Only NDIS supports can be funded (Section 10)
Why this matters: There is now a defined NDIS supports list that shows you what supports and items you can spend your NDIS funds on.
The new NDIS rules now defines the NDIS supports that are funded by the NDIS. This means you can only spend or plan funds on supports and items that are listed as NDIS supports.
The supports the NDIS can fund must meet the rules (for example, be reasonable and necessary and fall under the responsibility of the NDIS, not other public health services).
On the NDIS website there is a separate list showing supports that are not NDIS supports.
There is a also replacement rule that, in limited circumstances, lets you request a replacement support from the replacement support list.
There are 3 lists available on the NDIS website that can help:
Separate pathways (what this means now and later) – (Section 21)
You'll know your pathway from the start (disability requirements, early intervention requirements or both).
Why this matters: For people applying to access the NDIS, you'll know which pathway applies to you from the start so that in future, you'll be supported based on your needs when these pathways become available.
Nothing changes in how people are supported by the NDIS right now. The NDIA will record whether someone met access through disability requirements, early intervention requirements, or both.
In the future, new participant pathways will be designed. When they're ready, each person will be supported through the pathway based on their support needs and that matches how they met access.
When you apply to access the NDIS, the NDIA will consider, make a decision and tell you how you met the access requirements, this could be through the disability requirements, early intervention requirements, or both of these requirements.
The pathway means how you met the requirements to access the NDIS, whether under the disability requirements, the early intervention requirements, or both.
This applies to people applying to access the NDIS (also called an access request') made on or after 3 October 2024.
Disability requirements updated - accessing the NDIS for NDIS Supports only
The disability requirements have been updated to be clear that people should only apply to access the NDIS if they require supports that are NDIS supports.
To apply for the NDIS you need to provide evidence that you meet the disability requirements:
Your disability is caused by an impairment.
Your impairment is likely to be permanent.
Your permanent impairment substantially reduces your functional capacity to undertake one or more of the following activities: moving around, communicating, socialising, learning, or undertaking self-care or self-management tasks.
Your permanent impairment affects your ability to work, study or take part in social life.
You'll likely need NDIS support for your lifetime.
There are two lists available on the NDIS website that are useful to check.
List A shows conditions that are likely to meet the disability requirements. If a person provides evidence of a List A condition, the NDIA will likely decide they meet the disability requirements. Further information may still be required.
List A: Conditions that are likely to meet the disability requirementsList B shows conditions that are likely to result in a permanent impairment, but how much it affects daily life can vary.
List B: Conditions that are likely to result in a permanent impairment
A person who is diagnosed with a List B condition will need to show the impact of their impairment: that it substantially reduces functional capacity (for example in moving, communicating, learning, self-care or self-management), limits social or work participation, and that NDIS supports are likely to be needed for life.
This helps the NDIA understand whether the disability requirements are met.
Why this matters: Affects new applicants and existing participants undergoing eligibility reassessment.
4) Supports for Impairments (Section 34)
The NDIS will fund supports only for the impairments that met the disability or early intervention requirements (or both).
Why this matters: NDIS supports must be linked to the impairments that established your access.
Under the NDIS, an impairment is a loss of or damage to your body's function.
When you apply to access the NDIS, the NDIA considers disability requirements, it looks at your body's functions, your body structure, and how you think and learn.
Evidence needs to link the disability to at least one of these impairment types:
- Intellectual impairment – affects how you speak and listen, read and write, solve problems, and process and remember information
- Cognitive impairment – affects how you think, learn new things, use judgment to make decisions, and pay attention
- Neurological impairment – how your body's nervous system functions.
- Sensory impairment – how you see or hear.
- Physical impairment – the ability to move parts of your body
- Psychosocial impairment - A reduction in your capacity to perform daily activities due to mental health conditions.
5) New Impairment Notices (Section 32BA)
Why this matters: Impairment notices are a clear record of the impairments that underpin an NDIS plan.
For new NDIS participants
From 1 January 2025, for new applicants, when you become an NDIS participant, you will receive a notice of impairments along with your access decision letter.
Your notice of impairments will list the impairment categories you met access for.
At the moment only NDIS applicants after the 1 January 2025 will receive a notice of impairments.
For existing NDIS participants
The NDIA has yet to confirm a date of when the notice of impairments will be sent to existing NDIS participants.
If you became an NDIS participant before 1 January 2025, you won't have a notice of impairments sent to you and you may not be aware of what impairments are listed.
When your plan is up for reassessment, it's important to find out what the impairments are because the NDIS supports in your plan must relate to the impairments that meet the disability or early intervention requirements, or both.
Total funding amounts and funding periods for new NDIS plans (Section 33)
New NDIS plans will now show your total funding and funding periods.
Why this matters: It affects budgeting, service agreements and when to prepare for reviews.
Instead of receiving all of your NDIS funding at the start of your NDIS plan, you will now receive your total budget split into funding periods.
A funding period is a set amount of time, for example weekly, monthly or quarterly (every three months).
You must spend your budget within the funding amount for each period.
From 9 October 2024 funding periods are 12 months and from 19 May 2025 they're usually 3 months to help with budgeting and oversight.
Who is affected?
New NDIS applicants (accessing the NDIS on or after 3 October 2024)
You'll be told clearly whether you met disability or early intervention requirements (separate pathways) or both.
Your evidence should relate to NDIS supports and to the impairments that affect everyday life.
Impairment notices apply to new access requests from 1 January 2025.
Existing NDIS participants
When you receive a new NDIS plan, it will set out your total funding and funding period(s), and you'll need to budget within each period.
In future existing NDIS participants will receive a impairment notice when you transition to a new plan or during your next plan review.
FAQs
How do I know if a support is an NDIS support?
Check the NDIS website and NDIS support lists. A support must meet the rules (for example, be reasonable and necessary), and it needs to relate to the impairments recorded for your access.
Will this change my current NDIS plan straight away?
No, changes usually apply when a plan is reassessed, when a new plan is approved, or when you next apply for access.
Funding periods and totals appear in new plans only.
How do I find my impairment notice?
From 1 January 2025, for new applicants, when you become an NDIS participant, you will receive a notice of impairments along with your access decision letter.
For existing NDIS participants who applied before 1 January 2025, in future, you will receive a notice of impairments when you move to a new plan.
You or your authorised nominee can contact the NDIS and request a copy of the information held. This is called a Personal Information Access request.
What you can do now - 3-step checklist
Subscribe to our newsletter and follow our blog series to learn more about the new changes to NDIS legislation.
Check out our FAQs for more questions about the NDIS.
Refer to the NDIS website for the latest updates.
In our next blog post, we'll be taking at look at separate pathways and what these mean.
Need Help?
If you're looking for support with managing your NDIS plan, we're here to help. Feel free to reach out if you'd like to learn more about our disability support. . Call the BCD team on 1800 275 223, we're here to help you.
At BCD, our disability support services are all about helping individuals with disabilities achieve their goals, grow their independence, and enjoy a life full of possibilities.
Information correct as at 2 September 2025. Please refer to the NDIS website for the latest updates.
Sources:
NDIS Summary of Legislation Changes - https://www.ndis.gov.au/changes-ndis-legislation/summary-legislation-changes
Applying To the NDIS - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis
NDIS Our Guidelines - https://ourguidelines.ndis.gov.au/home/becoming-participant/applying-ndis/what-happens-after-we-decide
NDIS Supports List - https://ndis.gov.au/understanding/supports-funded-ndis
NDIS Reasonable and Neccessary Supports - https://ndis.gov.au/understanding/supports-funded-ndis/reasonable-and-necessary-supports
NDIS Supports List - https://ourguidelines.ndis.gov.au/would-we-fund-it/what-does-ndis-fund
Disclaimer
The information provided in this blog post is for informational purposes only and should not be considered as legal, financial, or professional advice. While we strive to ensure the accuracy of the content, we encourage you to visit the relevant government websites for the most up-to-date and official information.