The NDIS is a federal based scheme that provides funding for supports and services for Australians aged under 65 who have a permanent and significant disability. The National Disability Insurance Scheme Act 2013 (NDIS Act) and the National Disability Insurance Scheme Rules 2013 (Compensation Rules) outline how the NDIS can account for compensation that you may be entitled to or have received.
Requirement to Refund
If you have received support under the NDIS and have received compensation or a settlement amount in relation to a personal injury claim, then a repayment must be made back to the agency. The NDIS must be paid back an amount equal to the total of all NDIS amounts paid and any costs incidental to the claim paid by the agency (s105, 106 & 107 of the NDIS Act).
If this amount is not paid, it becomes a debt and it is an offence if the potential compensation payer or insurer does not comply with the notice and payment required under s109-s115 of the NDIS Act.
Continued Support
If you have received compensation you can continue to receive support under the NDIS after a claim for personal injuries has been settled and the compensation refund has been made. However, the NDIS can deduct money from future payment based on the terms of the settlement.
If you have any questions concerning how your compensation payment will affect your NDIS entitlements, please contact our friendly team on 02 4050 0330 or make an appointment online.