Change of Circumstances and SDA
Navigating the NDIS can feel overwhelming, especially when life throws unexpected changes your way. For people living with disability, those changes – whether sudden or gradual – can significantly impact access to supports, including Specialist Disability Accommodation (SDA).
With over 45,000 Change of Circumstance (COC) requests currently pending, many participants are facing long delays and uncertainty about their housing future.
In this 3-part blog, we unpack what a Change of Circumstances (COC), Change of Details (COD), and Change in Situation (COS) really mean and how they relate to SDA. We’ll also break down what the legislation means, why delays are happening and what evidence you’ll need to successfully update your NDIS plan for SDA.
You can read the NDIS variation and reassessment of participant plans rules here
Keep an eye out for helpful tips to cut through the NDIS red tape!
Tip: Intra-plan inflation, driven by overspending budgets, supports used exceeding allotted hours and claiming supports incorrectly is no longer a catalyst for increased funding being put in plans.
Delays & the NDIS Service Guarantee
The NDIS currently has a backlog of over 45,000 COC requests, with the 21-day service guarantee blown out of the water. This can leave participants waiting months for a decision, even in high-risk situations. Many participants have seen themselves dropped to a local hospital, their providers unable to take the risk of providing high intensity care without being paid while waiting for a COC.
Knowing your rights and submitting strong, targeted evidence by NDIS approved specialists is crucial to move the process along.
Tip: Participants or the person managing their plan need to ensure they have enough funding before acquiring supports. Providers also need to understand how the person seeking supports are going to pay for it.
The hierarchy of NDIS decisions:
Tip: Staff at the NDIS aren’t always up to date with legislation, if you’ve been denied & it goes against NDIS legislations, gather your information and apply at the AAT. Over 70% of cases taken to the AAT are overturned.
What is a Change in Circumstances (COC)?
A Change in Circumstances is a request to update your plan when something significant in your life has changed, especially if it affects your disability-related support needs. Under recently amended Section 45 of the NDIS Act, valid reasons for a COC include:
- A crisis or emergency (e.g. informal supports have died or gone into aged care, meaning you can’t access the things you need to live)
- A lack of decision-making support (e.g. you now need a Support Coordinator)
- Preventing a imminent threat to your life, health, or safety (e.g. Informal supports can’t help you like they used to, so you’re at risk in your own home if there is a fire)
- The participant has experienced fraud or exploitation (This could be a provider or relative taking advantage of them.)
For example, if your accessibility needs have increased and your current housing no longer meets those needs, a COC is a critical first step toward accessing SDA. As mentioned earlier, using your funding up before a plan finishes is not a reason to increase funds, even if you needed those supports. You’ll need to base your need of more funds around the reasons above.
Tip: Depending on where your NDIS plan resides myPlace (PRODA) or myNDIS (PACE) will affect how your plan is changed. In myPlace, even if you submit a change of details (S47), rather than a change in situation (S48) your plan may be fully re-built & may include a plan reassessment.
Some examples of why you might need to complete a change in circumstances:
- Your contact details have changed and need to be updated
- Your family and friends aren’t able to support you like they used to
- Changes to the functional impact of your disability, resulting in less or more support being needed
- You’re starting a new job and need a different type of support for work
- You’re going overseas for more than 6 weeks or moving to a new country. The NDIS will give you a grace period for certain situations.
- You’re moving out of aged or residential care and need different supports in your new home
- You’ve received compensation relating to your disability. The NDIA has previously gone after victims of abuse to recoup costs after they have received a payout.
- You need to change from self-managed to plan or agency managed.
If you’ve found this Change of Circumstances and SDA blog helpful, we will be back next week diving into change of situation (s47), SDA and what it means. If you’re interested in one of our amazing homes, you can contact us on 1300 869 203 or by emailing enquiries@sdaaustraliagroup.com.au