Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

NATIONAL DISABILITY INSURANCE SCHEME ACT 2013 - SECT 43

Choice for the participant in relation to plan management

             (1)  A participant for whom a plan is in effect or is being prepared may make a request (a plan management request ):

                     (a)  that he or she manage the funding for supports under the plan wholly or to the extent specified in the request; or

                     (b)  that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by a registered plan management provider he or she nominates; or

                     (c)  that the funding for supports under the plan be managed wholly, or to the extent specified in the request, by the Agency.

             (2)  If a participant makes a plan management request, the statement of participant supports in the plan must give effect to the request, except to the extent set out in subsections (3) to (6).

             (3)  If:

                     (a)  a participant makes a plan management request covered by paragraph (1)(a); and

                     (b)  subsection 44(1) applies in relation to the participant;

the statement of participant supports in the plan must provide for the funding for supports under the plan:

                     (c)  if paragraph 44(1)(a) applies--to be wholly managed by the Agency; and

                     (d)  if paragraph 44(1)(b) applies--to be managed by the Agency to the extent covered by that paragraph.

             (4)  If:

                     (a)  a participant makes a plan management request covered by paragraph (1)(b); and

                     (b)  subsection 44(2) applies in relation to the registered plan management provider;

the statement of participant supports in the plan must provide for the funding for supports under the plan to be managed by the Agency to the extent covered by that subsection.

             (5)  If:

                     (a)  the participant has a plan nominee; and

                     (b)  subsection 44(2A) does not apply in relation to the nominee; and

                     (c)  the terms of the plan nominee's appointment deal with the management of certain funding for supports under the plan;

the statement of participant supports in the plan must provide for that funding to be managed in accordance with those terms.

             (6)  If:

                     (a)  the participant has a plan nominee; and

                     (b)  subsection 44(2A) applies in relation to the nominee; and

                     (c)  the terms of the plan nominee's appointment deal with the management of certain funding for supports under the plan;

the statement of participant supports in the plan must provide for that funding:

                     (d)  if paragraph 44(2A)(a) applies--to be wholly managed by the Agency; and

                     (e)  if paragraph 44(2A)(b) applies--to be managed by the Agency to the extent covered by that paragraph.

             (7)  Subsection (3) or (4) does not apply to funding to the extent that subsection (5) or (6) applies to the funding.

No plan management request

             (8)  If a participant does not make a plan management request, the statement of participant supports in the plan must provide that the funding for supports under the plan is to be wholly managed by the Agency.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback