Question 1:

Can a provider of SDA or SIL 'lock down' a property and prevent a person leaving the dwelling or prevent other services/supports or informal supports from entering as a precautionary measure because of COVID-19?

Answer 1:

No. Providers must balance resident rights with infection control processes. All policies and procedures must not go beyond the Chief Health Officers Directions, notably the Care Facilities Direction and the Stay at Home Direction (note these are Victorian and different directions apply in each state and territory).

In SDA and SIL it is important considerations include:

• Both SDA providers and SIL providers have a role in implementing directions
• Residents may leave their home when engaging in an activity that complies with the Stay at Home Directions, which are gradually being eased
• Residents may wish to have their other NDIS supports delivered within their home, this cannot be restricted other than as described in the excluded persons list in the Care Facilities Direction
• Providers delivering other NDIS supports can enter the property and this is not time limited
• The Care Facilities Direction does not define support in terms of essential service, NDIS funded supports which are delivered within a person's home may be considered under 'other support services' and access should be permitted when exclusions are met
• Residents may be visited by informal supports under care and support
• Providers cannot lock down a person(s) home as a precautionary measure

The NDIS Quality and Safeguards Commission have also released information about restrictive practice as a precautionary measure in their new fact sheet.

The key messages include:

• Isolating an NDIS participant based on medical advice that is consistent with the Commonwealth Chief Medical Officer, and/or preventing that person from public gatherings that are currently limited, is NOT considered an NDIS Commission regulated restrictive practice.
• Any practice that is inconsistent with the Australian Government Chief Medical Officer's advice or directions from state and territory governments regarding COVID-19 may be an environmental restraint or seclusion.
• If you are implementing a new restrictive practice, you must facilitate steps to engage an NDIS Behaviour Support practitioner to obtain an interim behaviour support plan.

The fact sheet highlights the importance of involving people in conversations about any changes to their support and maximising their choice and control regarding decisions that affect their lives. It also outlines practical guidance when supporting people with behaviour support needs.

Question 2:

Which line item/s should SIL providers be charging to provide interim support in the home while day programs are closed due to COVID?

Answer 2:

Attendance at therapy, day programs or similar events is the choice of participants. If a participant does not attend one of these events, they or their support coordinator should ensure they are not charged (within agreed service agreements). This may require amendment of service bookings.

If a SIL provider 'steps in' to provide support in this instance then:

• For intermittent occurrences (one to three days), these will be covered in the current SIL quote (under intermittent events), provided up to the total in the quote.
• If the SIL provider has used up intermittent days estimated in the SIL quote, they should create a service booking for Community Participation from the participant's Core Budget.
• For longer occurrences (more than three days), the SIL provider should create a service booking for the time their services have been provided to the participant. This may require the SIL provider to be registered for Community Participation. It will also require the service booking be created against the participant's Core Budget.

Refer to the Support Catalogue - Support name - Assistance with social and community participation, and employ the best-fit approach to determining the appropriate line items.

Question 3:

If an NDIS participant moves out of SDA, is there a requirement for their room to be remain available to them for any period of time, in case their new accommodation arrangements fail?

Answer 3:

No, it is not a requirement for the SDA provider to hold a room on the chance that the person's new accommodation falls through.

SDA providers and SDA participants must meet their obligations according to the tenancy agreement they have in place when giving notice to vacate and when vacating the dwelling.

Depending on which legislative instrument the dwelling is operating under, the resident will either have a residential statement under the Disability Act 2006 or either an SDA agreement (Part 12 A) or standard residential tenancy agreement (Part 2) under the Residential tenancies Act 1997 (RTA) - refer to these agreements for further information.

If the dwelling is operating under the RTA, Consumer Affairs Victoria is the regulator of SDA tenancy and further information can be found on their website. 

Question 4:

What is the difference between Activity Based Transport items and the newly announced ability to flexibility to swap funds between categories within core?

Answer 4:

Funding for general transport supports will be included in a person's plan when it is deemed a reasonable and necessary support. This will be funded under 'transport' in their core budget and can be used by the participant for any transport related activities, such as paying for a taxi when visiting friends and family, traveling to and from appointments or their place of work for example.

Participants who self-manage their budget and have chosen to receive their funding as a periodic payment, have chosen this budget to be a 'stated support' and cannot use core funds flexibly to top up their transport budget. This is because it is a stated support and stated supports must be used as stated in the plan. These funds cannot be used towards other core supports.

Participants who do not receive periodic transport payments will still be able to use their funding flexibly across all four support categories for transport funding.

If a participant has periodic transport funding in their plan, they will be able to use funding across three core support categories, not including transport.

Prior to COVID-19 the transport policy was amended to allow all participants to claim for transport when engaging in services which required transportation. This is called activity based transport - community participation supports. Participants would not use their general transport budget to pay for this but rather the budget allocated to the support type that involves transport.

In summary, a person may be funded for transport in the core budget for their everyday travel needs and also use their core and capacity building budgets to pay for transport which is required in order for that person to access the support, this is called activity based transport.

The activity based transport support line items are:

Core Supports:

04_590_0125_5_1, 04_591_0136_5_1 or 04_592_0104_5_1 - Assistance with social and community participation.

Capacity Building Supports:

08_590_0106_2_3 - Improved living arrangements

09_590_0106_6_3 and 09_591_0117_6_3 - Increased social and community participation

10_590_0102_5_3 - Finding and keeping a job

11_590_0117_7_3 - Improved relationships

13_590_0102_4_3 - Improved learning

When general transport is paid direct to bank (periodic payment) there is no flexibility but the person can still access activity based transport under the relevant budget. If general transport is plan managed and core social participation is plan managed, they can use funds flexibly across the budgets.

Question 5:

What happens if there is a gap between a participant’s plans?

Answer 5: 

The NDIA have implemented a system 'fix' whereby any plans that expire prior to the new plan being approved should be extended with the aim of eliminating plan gaps. This may mean that you are able to claim against the previous plan for the supports that were provided prior to the new plan being approved.