What Has Changed?
In September 2023, the NDIA introduced significant changes to eligibility reassessments, sparking widespread concern among people with disabilities and their families. The most contentious issue was the 28-day deadline for participants to provide further information when contacted by the NDIS for reassessment.
Following strong advocacy efforts and sector feedback, the NDIA reversed this decision and released a statement on 3 February 2025, announcing an extension to the timeframe.
“From today, participants will now have more time to get information to us. We have extended the timeframe for participants to provide additional information to support eligibility reassessments from 28 to 90 days.” – Statement from the NDIA (3 February 2025):
What Is an NDIS Eligibility Reassessment?
An eligibility reassessment is when the NDIA reviews whether an existing participant still meets the Scheme’s requirements. If the NDIA determines a reassessment is necessary, they notify the participant and request relevant information or assessments.
New Timeframes for Eligibility Reassessments
According to the NDIA’s Operational Guidelines, the new timeframes for reassessments are:
- Participants now have a minimum of 90 days to provide the requested information or complete an assessment.
- The NDIA can extend this timeframe beyond 90 days if the participant is actively working to obtain the necessary information.
Removal of the 28-Day Timeframe
Previously, participants had only 28 days to respond to a reassessment request, often making it difficult to gather supporting evidence in time. This deadline has now been revoked, ensuring that all participants have at least 90 days to provide the required information.
Additionally, the NDIA has committed to greater transparency in the reassessment process, with further details expected by March 2025.
Key Issues Identified in the Reassessment Process
- Procedural Fairness Concerns
A major issue with reassessment notices has been their lack of specificity. Many letters failed to explain why a participant was under review, instead listing all eligibility criteria without clarification. This lack of detail caused undue stress and required participants to re-establish their eligibility—even in cases where their condition was permanent and well-documented.
The Saturday Paper detailed cases where participants with severe disabilities wrongly lost access to the NDIS under the 28-day rule:
“In one case, a man with the neurodegenerative condition motor neurone disease was told he no longer met eligibility requirements. In another, a girl with a serious genetic disorder, who uses communication devices and is fed through a tube, had her NDIS eligibility rescinded at the end of September. Her support package expired in late October. More than a week after that, the NDIA decided it had made a mistake, but now the family must wait for a planning meeting before support funding restarts.”
— The Saturday Paper
Future reassessment notices must clearly explain why a review is occurring and specify the required documentation, rather than providing a broad list of criteria.
- Difficulty in Obtaining Supporting Documentation
Even with the 90-day extension, obtaining necessary reports can still be challenging. Occupational therapist and specialist assessments are expensive and often require months to schedule.
The NDIA has stated it will offer flexibility for participants making good-faith efforts to secure the required documentation. However, concerns remain about whether this flexibility will be consistently applied.
Key Takeaways
- Minimum 90-day timeframe for responding to reassessment requests.
- The 28-day timeframe has been revoked, giving participants more time to gather evidence.
- Participants can request extensions, though approval is not guaranteed.
- NDIA must decide within 14 days after receiving requested information.
- Participants can appeal eligibility revocations, but they cannot reapply while an appeal is ongoing.
These changes mark a positive shift in the NDIS eligibility reassessment process, but continued advocacy will be crucial to ensuring participants are treated fairly and equitably.
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