Hi Fiona,
Thank you for your post.
I have reached out to my NDS colleagues, who are experts in the field and here is their feedback:
This is an issue that we are hearing a bit more about these days. There is a responsibility of the Plan Manager to ensure that funds are expended in line with the person's plan and the plan is being implemented as intended.
It could be reasonable to consider that where a participant has indicated their acceptance of the 10 sessions as part of their supports in the current plan then the plan manager should be expected to ensure that sufficient funds are available for this to be completed.
Although the participant is able to change how they spend their funds, by exercising choice and control, the Plan Manager should be considering the spending of the participant to ensure that the participants funds are sufficient to cover any future commitments. It would be prudent for the Plan Manager to communicate with the participant to highlight that they are at risk of having insufficient funds and to determine if they no longer need the service that has been previously agreed to in the service agreement. Simply sending out an alert to a participant may not be sufficient to demonstrate how they are exercising their obligation to ensure funds are spent in line with the plan as intended.
The attachment may be of assistance.
https://www.ndis.gov.au/media/2693/download?attachment
particularly p16, 4.4.2
I'd also recommend that, given that pre-payment is not possible, it is important that providers invoice clients promptly after a service is delivered to minimise any risk of insufficient funds to pay invoices.
It does mean that the provider may need to adjust how they set up their service agreements if a plan manager is not prepared to manage the participant's funds in line with a service agreement that specifies 10 sessions for example. It would also be interesting to have a chat with the plan manager or check their processes for ensuring that participants have the fund available in line with service requests/agreements that they are making with providers.
Does anyone have anything to add? Please join this conversation.
Best regards,
Mary
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Mary Kubalova
Community Manager
NDS Communities
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