the CEO decides under subparagraph 48(7)(b)(ii) or 49(1)(b)(ii) to prepare a new plan with the participant; or

the CEO gives the participant notice under subsection 32B(2) that the participant is to have new framework plans.

unless paragraph (b) applies—as soon as practicable after the event mentioned in paragraph (3)(a) or (b) occurs; or

if the National Disability Insurance Scheme rules specify a number of days for the purposes of this paragraph—within that number of days after the day the event mentioned in paragraph (3)(a) or (b) occurs.

classes of participants that are to have new framework plans; and

for each class so specified—the period within which the CEO must give notice under subsection (2) to participants in the class.

as soon as practicable after the participant becomes a participant; or

if a circumstance specified in the National Disability Insurance Scheme rules for the purposes of this paragraph applies in relation to the participant.

if the participant meets the disability requirements—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and

if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(i) or (ii)—the categories of impairments under subsection (3) that cover the impairments in relation to which the participant meets those requirements; and

if the participant meets the early intervention requirements because of subparagraph 25(1)(a)(iii)—that the participant has developmental delay.

intellectual impairments;

cognitive impairments;

neurological impairments;

sensory impairments;

physical impairments;

impairments to which a psychosocial disability is attributable.

either:

the participant applies for the variation in accordance with subsection (6); or

circumstances specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph exist; and

the CEO is satisfied that a statement in the notice is not, or is no longer, correct; and

any other conditions specified in the National Disability Insurance Scheme rules for the purposes of this paragraph are met.

be in the form (if any) approved by the CEO; and

include any information, and be accompanied by any documents, required by the CEO; and

be made in accordance with any other requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph, which may include requirements as to the circumstances in which an application may, or may not, be made.

Subdivision B—Content of new framework plans

the goals, objectives and aspirations of the participant; and

the environmental and personal context of the participant’s living, including the participant’s:

living arrangements; and

informal community supports and other community supports; and

social and economic participation.

Statement of participant supports

the participant’s reasonable and necessary budget in accordance with sections 32E to 32K; and

the general supports (if any) that will be provided to, or in relation to, the participant; and

having regard to the needs assessment report for the plan, whichever of the following applies:

that the participant meets the disability requirements;

that the participant meets the early intervention requirements;

that the participant meets both the disability requirements and the early intervention requirements; and

the plan’s maximum period of effect, starting on the day the plan is approved; and

any circumstances in which the Agency must reassess the plan under Division 4; and

the management of the funding for supports under the plan (see also Division 3); and

the management of other aspects of the plan.

How general supports may be specified in plan

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L)); or

if there are no such rules—as soon as reasonably practicable, including what is reasonably practicable having regard to section 36 (information and reports) and subsection 32L(7) (replacement assessments under section 32L).

have regard to the participant’s statement of goals and aspirations; and

for any general supports specified under paragraph (2)(b)—be satisfied:

that the supports will be, or are likely to be, effective and beneficial for the participant, having regard to current good practice; and

of any other matters specified in the National Disability Insurance Scheme rules for the purposes of this subparagraph; and

have regard to the principle that a participant should manage the participant’s plan to the extent that the participant wishes to do so; and

have regard to the operation and effectiveness of any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to any previous plan for the participant; and

be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

Agency-managed funding—supports to be provided only by a registered NDIS provider

(a) that certain funding (flexible funding), up to a specified amount (the total funding amount), will be provided under the plan to or in relation to the participant for those supports; and

that the flexible funding may be spent on any NDIS supports for the participant and only on such supports, subject to any restrictions under subsection 32F(6) that require the funding to be spent on particular supports.

Stated supports

the needs assessment report for the plan indicates that the participant needs a particular support or class of supports; and

the support, or each support in the class, is both an NDIS support and a stated support for the participant;

the reasonable and necessary budget must provide, for each such support or class of supports:

that certain funding will be provided under the plan to or in relation to the participant for that support or class of supports; and

that the funding provided for that support or class of supports may be spent:

only on the support, or supports in the class, for which the particular funding is provided; and

only on supports that are NDIS supports for the participant.

for participants generally; or

for a class of participants that includes the participant.

(a) that the flexible funding will be provided under the plan during specified periods (each of which is a funding period); and

when each funding period for that funding starts and ends; and

the proportion of the total funding amount for flexible funding that will be provided under the plan during each of those funding periods.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

the first funding period for flexible funding must start on the day the plan comes into effect; and

each other funding period for flexible funding must start immediately after the end of the immediately preceding funding period for that funding.

the amount of flexible funding that could have been provided under the plan during the immediately preceding funding period; exceeds

the amount of flexible funding that was actually provided.

Restriction on how flexible funding is spent

the participant would be likely to suffer physical, mental or financial harm if the flexible funding were not subject to the restriction;

section 46 (acquittal of NDIS amounts) has not been complied with in relation to any of the participant’s plans;

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

(a) provide that funding will only be provided under the plan for the support or class of supports up to an amount (the total funding amount) specified for the purposes of this paragraph for the support or class of supports;

specify requirements under subsection 32H(1) in relation to the acquisition or provision of the support or class of supports.

Funding periods for stated supports

(a) that funding will be provided under the plan for the support or class of supports during periods (each of which is a funding period) specified for the support or class of supports; and

when each funding period for the support or class of supports starts and ends; and

the proportion of the total funding amount for the support or class of supports that will be provided under the plan during each funding period for the support or class of supports.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

the first funding period for a stated support or class of stated supports must start on the day the plan comes into effect; and

each other funding period for a stated support or class of stated supports must start immediately after the end of the immediately preceding funding period for that support or class of supports.

Rolling over unspent funding

the amount of funding that could have been provided for that stated support or class of stated supports under the plan during the immediately preceding funding period; exceeds

the amount of funding that was actually provided for that stated support or class of stated supports.

a requirement that the supports be provided by a specified person or persons in a specified class;

a requirement that a specified process be undertaken before the supports are acquired or provided;

a requirement that specified conditions be satisfied in relation to the participant before the supports are acquired or provided;

a requirement to comply with any requirements specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

the total funding amount for flexible funding (see paragraph 32E(2)(a));

the total funding amount for a stated support or class of stated supports (see paragraph 32G(2)(a)).

lump sum compensation payments that specifically include an amount for the cost of supports; and

lump sum compensation payments that do not specifically include an amount for the cost of supports; and

periodic compensation payments that the CEO is satisfied include an amount for the cost of supports; and

amounts that a participant or prospective participant did not receive by way of a compensation payment because he or she entered into an agreement to give up his or her right to compensation; and

supports in respect of personal injury that may be funded or provided under a scheme of insurance, or under a Commonwealth, State or Territory law.

different classes of participants; and

for the purposes of paragraph (1)(b) of this section—different classes of stated supports.

have regard to any information and reports requested under subsection 36(2) for the purposes of the assessment; and

may have regard to any other information held in the records of the Agency that relates to the person.

Needs assessment reports

identify the participant’s disability support needs arising from impairments in relation to which the participant meets the disability requirements or the early intervention requirements; and

include any information, and meet any requirements, specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

(a) an assessment (the existing assessment) has been undertaken under subsection (1) or paragraph (c) of this subsection in connection with a plan; and

(b) in deciding whether or not to approve a statement of participant supports for the plan, the CEO is satisfied that another assessment (the replacement assessment) of the participant’s need for supports should be undertaken;

then:

the CEO must arrange for the replacement assessment to be undertaken; and

subsections (2) to (6) apply in relation to the replacement assessment in the same way as they applied in relation to the existing assessment; and

the replacement assessment is taken to replace the existing assessment; and

the needs assessment report prepared for the replacement assessment is taken to replace the needs assessment report prepared for the existing assessment.

circumstances in which the CEO must or must not decide under that paragraph that another assessment should be undertaken; or

requirements with which the CEO must comply, methods or criteria that the CEO is to apply, or matters that the CEO may, must or must not take into account, in making a decision under that paragraph whether another assessment should be undertaken.

National Disability Insurance Scheme rules

the goals, objectives and aspirations of the participant; and

the environmental and personal context of the participant’s living, including the participant’s:

living arrangements; and

informal community supports and other community supports; and

social and economic participation.

Statement of participant supports

the general supports (if any) that will be provided to, or in relation to, the participant; and

the reasonable and necessary supports (if any) that will be funded under the National Disability Insurance Scheme; and

the date by which, or the circumstances in which, the Agency must reassess the plan under Division 4; and

the management of the funding for supports under the plan (see also Division 3); and

the management of other aspects of the plan.

Total funding amounts, funding component amounts and funding periods

(a) specify that funding will be provided under the plan to or in relation to the participant, for all reasonable and necessary supports funded under the plan taken as a whole, up to a specified amount (the total funding amount) worked out under subsection (2B); and

in accordance with any requirements determined under subsection (2E) for the purposes of this paragraph, categorise the reasonable and necessary supports specified under paragraph (2)(b) into one or more groups of supports identified in the statement; and

(c) specify that funding will be provided under the plan to or in relation to the participant, for supports in each group identified under paragraph (b) of this subsection, up to an amount (a funding component amount) specified in the statement for the group that is worked out in accordance with any requirements determined under subsection (2E) for the purposes of this paragraph; and

(d) specify that funding will be provided under the plan to or in relation to the participant for reasonable and necessary supports during specified periods (each of which is a funding period).

if the statement specifies more than one funding component amount—the sum of those amounts; or

if the statement specifies a single funding component amount—that amount.

specify funding periods for funding for either:

all reasonable and necessary supports funded under the plan, taken as a whole; or

each group of supports identified under paragraph (2A)(b); and

specify when each funding period starts and ends; and

specify, for each funding period:

if funding periods are specified as mentioned in subparagraph (a)(i) of this subsection—the proportion of the total funding amount that will be provided as funding under the plan, during the funding period, for reasonable and necessary supports; or

if funding periods are specified as mentioned in subparagraph (a)(ii) of this subsection—the proportion of the funding component amount for the group of supports to which the funding period relates that will be provided as funding under the plan, during the funding period, for supports in the group; and

if funding periods are specified as mentioned in subparagraph (a)(i) of this subsection—specify that the amount of funding for reasonable and necessary supports that will be provided during a funding period will be increased above the proportion specified for the funding period under subparagraph (c)(i) of this subsection by an amount equal to the amount by which:

the amount of funding that could have been provided under the plan for reasonable and necessary supports during the immediately preceding funding period; exceeds

the amount of funding that was actually provided for such supports; and

if funding periods are specified as mentioned in subparagraph (a)(ii) of this subsection—specify that the amount of funding, for supports in a group to which a funding component amount relates, that will be provided during a funding period for that group will be increased above the proportion specified for the funding period under subparagraph (c)(ii) of this subsection by an amount equal to the amount by which:

the amount of funding that could have been provided under the plan for supports in that group during the immediately preceding funding period for that group; exceeds

the amount of funding that was actually provided for supports in that group.

a funding period must be no more than 12 months; and

the duration of a particular funding period may be different from the duration of any other funding period; and

without limiting paragraph (b) of this subsection, if the funding periods are specified as mentioned in subparagraph (2C)(a)(ii), then the duration of the funding periods for one group of supports identified in the plan under paragraph (2A)(b) may be different from the duration of funding periods for any other group of supports identified in the plan under paragraph (2A)(b); and

if funding periods are specified as mentioned in subparagraph (2C)(a)(i):

the first funding period must start on a day worked out in accordance with any requirements determined under subsection (2E) for the purposes of this subparagraph; and

each other funding period must start immediately after the end of the immediately preceding funding period; and

if funding periods are specified as mentioned in subparagraph (2C)(a)(ii):

the first funding period for a group of supports must start on a day worked out in accordance with any requirements determined under subsection (2E) for the purposes of this subparagraph; and

each other funding period for the group of supports must start immediately after the end of the immediately preceding funding period for that group.

requirements for categorising reasonable and necessary supports into groups for the purposes of paragraph (2A)(b); and

how to work out a funding component amount for a group of supports; and

how to work out when a first funding period is to start for the purposes of subparagraph (2D)(d)(i) or (e)(i); and

requirements with which the CEO must comply, methods or criteria that the CEO is to apply, and matters that the CEO may, must or must not take into account, in doing any of the following:

working out a funding component amount;

specifying funding periods for the purposes of paragraph (2C)(a);

deciding any other matter for the purposes of subsection (2A), (2C) or (2D).

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 36 (information and reports)); or

if there are no such rules—as soon as reasonably practicable, including what is reasonably practicable having regard to section 36 (information and reports).

Requirements for CEO in approving statement of participant supports

have regard to the participant’s statement of goals and aspirations; and

have regard to relevant assessments conducted in relation to the participant; and

be satisfied as mentioned in section 34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided; and

apply the National Disability Insurance Scheme rules (if any) made for the purposes of section 35; and

have regard to the principle that a participant should manage his or her plan to the extent that he or she wishes to do so; and

have regard to the operation and effectiveness of any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to any previous plan for the participant.

Agency-managed funding—supports to be provided only by a registered NDIS provider

the support is necessary to address needs of the participant arising from an impairment in relation to which the participant meets the disability requirements (see section 24) or the early intervention requirements (see section 25);

the support will assist the participant to pursue the goals, objectives and aspirations included in the participant’s statement of goals and aspirations;

the support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation;

the support represents value for money in that the costs of the support are reasonable, relative to both the benefits achieved and the cost of alternative support;

the support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice;

the funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide;

the support is an NDIS support for the participant.

the time at which the disability requirements or the early intervention requirements need to be met is the time the CEO decides to approve the statement of participant supports; and

a participant’s disability support needs arising from an impairment in relation to which the participant meets the disability requirements or the early intervention requirements may be affected by a variety of factors, including environmental factors or the impact of another impairment in relation to which the participant does not meet either of those requirements.

methods or criteria to be applied, or matters to which the CEO is to have regard, in deciding, the reasonable and necessary supports or general supports that will be funded or provided under the National Disability Insurance Scheme; and

reasonable and necessary supports or general supports that will not be funded or provided under the National Disability Insurance Scheme; and

reasonable and necessary supports or general supports that will or will not be funded or provided under the National Disability Insurance Scheme for prescribed participants.

lump sum compensation payments that specifically include an amount for the cost of supports; and

lump sum compensation payments that do not specifically include an amount for the cost of supports; and

periodic compensation payments that the CEO is satisfied include an amount for the cost of supports; and

supports in respect of personal injury that may be funded or provided under a scheme of insurance, or under a Commonwealth, State or Territory law.

the undertaking of an assessment under section 32L for a participant;

preparing a statement of participant supports for a participant;

deciding whether to approve a statement of participant supports for a participant.

that the participant, or another person, provide information that is reasonably necessary for a purpose mentioned in paragraph (1)(a), (b) or (c);

that the participant do either or both of the following:

undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;

undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

the request must specify a period of at least 28 days for the information or reports to be received by the CEO; and

if the CEO does not receive the information or reports within the period specified in the request—the CEO must:

unless subparagraph (ii) applies—suspend the preparation of the new framework plan; or

if the CEO is satisfied that it was reasonable for the participant or the other person mentioned in paragraph (2)(a) not to have complied with the request within that period—make a further request under subsection (2).

the length of that period;

any previous failures by the participant to comply with a request for information made under this Act;

any previous failures by the other person to comply with a request for information made under this Act in relation to the participant;

the length of time since the CEO was last provided with information relevant to the purpose mentioned in paragraph (1)(a), (b) or (c) for which the request was made;

whether the failure to comply with the request was beyond the control of the participant or other person because of a delay in the provision of information to the participant or other person;

any matters prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph;

any other matters the CEO considers relevant.

the CEO must give the participant written notice of the decision; and

the statement of participant supports in any other plan that is in effect for the participant (whether an old framework plan or a new framework plan) is suspended from the day specified in the notice for the purposes of this paragraph until the day the CEO receives the information or reports requested; and

the CEO must recommence the preparation of the new framework plan if the CEO subsequently receives the information or reports.

may prepare the statement of participant supports, or decide whether to approve a statement of participant supports, before all the information and reports requested are received by the CEO; but

must give the participant or the other person mentioned in paragraph (2)(a) a reasonable opportunity to provide the information and reports.

Subdivision E—When a plan is in effect etc.

received the participant’s statement of goals and aspirations from the participant; and

approved the statement of participant supports.

when the plan is replaced by another plan (see subsection (4));

if the plan is a new framework plan—immediately after the end of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

in any case—when the participant ceases to be a participant.

6 weeks beginning when the participant leaves Australia; or

if the CEO is satisfied that it is appropriate for the grace period to be longer than 6 weeks—such longer period as the CEO decides, having regard to any matters and applying any criteria prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

as mentioned in paragraph 36(4)(b) (which deals with failure to provide information or reports for an assessment under section 32L); and

as mentioned in subsection 40(3) (which deals with temporary absence from Australia); and

as mentioned in subsection 105(2) (which deals with obtaining compensation).

a person is not entitled to be paid NDIS amounts so far as the amounts relate to supports that are acquired or provided during that period; and

the Agency is not required to provide or fund other supports under the plan, but is not prevented from doing so if the CEO considers it appropriate; and

the participant is not entitled to make a request under subsection 47A(2) for a variation of the plan or make a request under subsection 48(2) for a reassessment of the plan.

purchasing the supports funded under the plan (including paying any applicable indirect costs, such as taxes, associated with the supports);

receiving any funding provided by the Agency;

managing any funding provided by the Agency;

acquitting any funding provided by the Agency.

the participant; or

a registered plan management provider; or

the Agency; or

the plan nominee.

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

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

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

the CEO may, if satisfied that a circumstance mentioned in subsection (2C) exists, decide that:

a person mentioned in subsection (2B) is to manage a particular proportion of flexible funding provided under the plan; or

a person mentioned in subsection (2B) is to manage funding provided under the plan for a particular stated support or class of stated supports; and

the statement of participant supports in the plan must give effect to the decision.

(2AA) The statement of participant supports for a new framework plan must provide for the funding for supports under the plan to be wholly managed by the Agency if:

in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee—the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

in the case the participant has made a plan management request covered by paragraph (1)(a) and the participant has a plan nominee—the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty.

the Agency;

the participant, if the participant has made a plan management request covered by paragraph (1)(a) and the participant does not have a plan nominee;

if:

the participant has a plan nominee; and

the participant has made a plan management request covered by paragraph (1)(a); and

the decision would be consistent with the terms of the plan nominee’s appointment;

the plan nominee;

a registered plan management provider, if the participant has made a plan management request covered by paragraph (1)(b) that nominates the provider.

the participant would be likely to suffer physical, mental or financial harm were the CEO to not make the decision;

section 46 (acquittal of NDIS amounts) has not been complied with in relation to the plan or any of the participant’s previous plans;

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

requirements with which the CEO must comply; and

methods or criteria that the CEO is to apply; and

matters that the CEO may, must or must not take into account;

in making any decision under paragraph (2A)(a).

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

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:

if paragraph 44(1)(a) or (aa) applies—to be wholly managed by the Agency; and

if paragraph 44(1)(b) or (c) applies—to be managed by the Agency to the extent covered by that paragraph.

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

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.

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

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

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

the participant has a plan nominee; and

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

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.

the participant has a plan nominee; and

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

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:

if paragraph 44(2A)(a) or (aa) applies—to be wholly managed by the Agency; and

if paragraph 44(2A)(b) or (c) applies—to be managed by the Agency to the extent covered by that paragraph.

paragraph (2A)(b) does not apply to funding to the extent that subsection (2AA), (3), (4) or (6) applies to the funding;

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

subsection (5) does not apply to funding to the extent that paragraph (2A)(b) applies to the funding.

No plan management request

the participant is an insolvent under administration; or

the participant has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

the CEO is satisfied that the participant’s management of the funding for supports under the plan to a particular extent would:

present an unreasonable risk to the participant; or

permit the participant to manage matters that are prescribed by the National Disability Insurance Scheme rules as being matters that must not be managed by a participant; or

the CEO is satisfied that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the participant were to manage the funding for supports under the plan to a particular extent.

Registered plan management provider

the plan nominee is an insolvent under administration; or

the plan nominee has been convicted of an offence against a law of the Commonwealth, a State or a Territory that:

is punishable by imprisonment for 2 years or more; or

involves fraud or dishonesty; or

the CEO is satisfied that the plan nominee’s management of the funding for supports under the plan to a particular extent would present an unreasonable risk to the participant; or

the CEO is satisfied that section 46 (acquittal of NDIS amounts) would be unlikely to be complied with if the plan nominee were to manage the funding for supports under the plan to a particular extent.

National Disability Insurance Scheme rules relating to unreasonable risk

a participant managing the funding for supports under the plan;

a registered plan management provider managing the funding for supports under the plan;

a plan nominee managing the funding for supports under the plan.

the participant;

a registered plan management provider;

a plan nominee.

to the person determined by the CEO; and

either:

in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this subparagraph; or

if there are no such rules—in the manner determined by the CEO.

whether amounts are to be paid in instalments or as lump sums; and

if amounts are to be paid in instalments—the amounts of those instalments; and

the timing of payments of amounts.

the plan is a new framework plan that provides that flexible funding will be provided under the plan and the payment would result in any of the following events occurring:

the total amount of flexible funding provided under the plan exceeding the total funding amount specified in the plan under paragraph 32E(2)(a);

the total amount of flexible funding provided under the plan during a funding period exceeding the amount of funding that is to be provided under the plan during the funding period; or

the plan is a new framework plan that provides that funding will be provided under the plan for a stated support, or class of stated supports, and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for the stated support or class of stated supports exceeding any total funding amount specified in the plan under paragraph 32G(2)(a);

the total amount of funding provided under the plan for the stated support or class of stated supports during a funding period for the support or class of supports exceeding the amount of funding that is to be provided under the plan during the funding period for the support or class of supports; or

the plan is an old framework plan and the payment would result in any of the following events occurring:

the total amount of funding provided under the plan for reasonable and necessary supports exceeding the total funding amount specified in the plan;

the total amount of funding provided under the plan for reasonable and necessary supports in a group of supports to which a funding component amount relates exceeding that funding component amount;

if the plan specifies funding periods for all reasonable and necessary supports funded under the plan, taken as a whole—the total amount of funding provided under the plan for such supports during a funding period exceeding the amount of funding for such supports that is to be provided under the plan during the funding period;

if the plan specifies funding periods for one or more groups of reasonable and necessary supports—the total amount of funding provided under the plan for supports in such a group during a funding period for that group exceeding the amount of funding for supports in that group that is to be provided under the plan during the funding period.

the relevant event would occur because the participant has experienced fraud or financial exploitation; or

making the payment is necessary to prevent or lessen an imminent threat to an individual’s life, health or safety; or

the participant has been unable to request a variation or reassessment of the participant’s plan because of one or more of the participant’s impairments or a lack of decision-making support; or

the participant has requested a variation of the participant’s plan covered by subparagraph 47A(1)(d)(i) or (1AB)(j)(i) (crisis or emergency funding as a result of a significant change to the participant’s support needs), and neither of the following apply:

the CEO has made a decision on the request to vary the plan and the variation has taken effect;

the CEO has made a decision on the request not to vary the plan (including because of the operation of subsection 47A(5)); or

a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph exists.

the person who, under the statement of supports in the plan, is to manage the funding for the support, unless paragraph (b) applies; or

if the person mentioned in paragraph (a) is the Agency—the person who provides the support to the participant.

be made in the approved form (if any); and

be made in the manner approved (if any), in writing, by the CEO; and

include any information, and be accompanied by any documents, required by the CEO.

unless paragraph (b) of this subsection applies—2 years;

if the National Disability Insurance Scheme rules prescribe a shorter period for that kind of claim—that period.

there are exceptional circumstances applying to the claim that justify the claim being made after the end of the applicable period; and

the claim was made within a reasonable period having regard to those circumstances.

may spend the money only on NDIS supports for the participant; and

must spend the money in accordance with the participant’s plan (subject to paragraph (a)).

to change the management of the funding for supports under the plan (see sections 43 and 74); or

for a new framework plan—to specify a proportion of flexible funding that may be spent only on specified NDIS supports for the participant (or to change such a proportion); or

for any plan—to reduce the duration of funding periods for particular funding under the plan and the amount of funding that will be provided during any particular funding period.

a participant acquires a support for themselves or a support is provided to a participant; and

either:

the support is not an NDIS support for the participant; or

the participant’s plan is not complied with in connection with the acquisition or provision of the support; and

a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the participant or another person;

then the participant is taken for the purposes of subsection (1):

to have received an NDIS amount equal to the payment; and

if subparagraph (b)(i) of this subsection applies—to have spent that money other than on NDIS supports for the participant; and

if subparagraph (b)(ii) of this subsection applies—to have not spent that money in accordance with the participant’s plan.

(a) a person (the first person) other than a participant acquires a support for a participant or provides a support to a participant; and

either:

the support is not an NDIS support for the participant; or

the participant’s plan is not complied with in connection with the acquisition or provision of the support; and

a payment is made under the National Disability Insurance Scheme in relation to the support, whether to the first person or any other person;

then the first person is taken for the purposes of subsection (1):

to have received an NDIS amount on behalf of the participant that is equal to the payment; and

if subparagraph (b)(i) of this subsection applies—to have spent that money other than on NDIS supports for the participant; and

if subparagraph (b)(ii) of this subsection applies—to have not spent that money in accordance with the participant’s plan.

Requirements relating to retention of records

one or more NDIS amounts for a particular participant have been paid to the credit of the account; and

the account has been kept solely for the purpose of managing the funding for supports under the participant’s plan.

Exception

the order is made in favour of a person in relation to a debt that arose because of the person providing goods or services in relation to the participant; and

the goods or services are supports (other than general supports) funded under the participant’s plan.

the variation:

is covered by subsection (1AA) (for a new framework plan) or (1A) (for an old framework plan); or

is a correction of a minor or technical error; and

any conditions prescribed by the National Disability Insurance Scheme rules are satisfied.

Each variation must be prepared with the participant.

Permitted variations—new framework plans

(1AA) For the purposes of subparagraph (1)(a)(i), the following variations of a new framework plan are covered:

a variation of the participant’s reasonable and necessary budget covered by subsection (1AB);

a variation relating to the general supports (if any) that will be provided to or in relation to the participant under the plan;

a variation of the statement of participant supports included in the plan in relation to the management of:

the funding for supports under the plan; or

other aspects of the plan;

a variation of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

a variation of the circumstances in which the Agency must reassess the plan under this Division.

(1AB) For the purposes of paragraph (1AA)(a), the following variations of a participant’s reasonable and necessary budget are covered:

a variation of:

the total funding amount for flexible funding; or

the total funding amount for a stated support or class of stated supports;

for the purposes of dealing with a variation of the maximum period of effect specified in the plan under paragraph 32D(2)(d);

a variation to provide for a total funding amount for a stated support or class of stated supports;

a variation of the number or duration of the funding periods for flexible funding, or for a stated support or class of stated supports;

a variation of the proportion of the total funding amount for flexible funding, or for a stated support or class of stated supports, that will be provided under the plan during one or more funding periods;

a variation to provide for:

funding periods for a stated support or class of stated supports (disregarding paragraph 32G(5)(c) for this purpose); and

the proportion of the total funding amount for the stated support or class of stated supports that will be provided under the plan during each funding period;

a variation of a restriction provided for under subsection 32F(6);

if the CEO is satisfied that a circumstance mentioned in subsection 32F(7) exists—a variation to provide for a restriction under subsection 32F(6);

if the CEO is satisfied that none of the circumstances mentioned in subsection 32F(7) exist—a variation to remove a restriction imposed under subsection 32F(6);

a variation to provide for, change, add or remove a requirement under subsection 32H(1) relating to the acquisition or provision of supports;

a variation of the participant’s reasonable and necessary budget if:

the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant’s support needs; or

the CEO is satisfied that the participant requires funding because the participant has experienced fraud or financial exploitation; or

the CEO is satisfied that the variation is necessary to prevent or lessen a threat to the participant’s life, health or safety (whether current or future); or

after the participant’s plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO’s own initiative), and the variation relates to that information; or

the CEO is satisfied that a circumstance prescribed by the National Disability Insurance Scheme rules for the purposes of this subparagraph exists in relation to the participant.

Permitted variations—old framework plans

a variation of the plan’s reassessment date or the circumstances in which the Agency must reassess the plan under this Division;

if the statement of participant supports included in the plan specifies one or more funding component amounts—a variation of the categorisation of the reasonable and necessary supports, specified under paragraph 33(2)(b), into one or more groups of supports;

for the purposes of dealing with a variation covered by paragraph (ab) of this subsection—a variation of one or more funding component amounts, or the number of those amounts, specified in the statement of participant supports, other than a variation that would result in an increase in the total funding amount for the plan;

if the statement of participant supports included in the plan specifies funding periods for all reasonable and necessary supports funded under the plan, taken as a whole—the following variations of the statement:

a variation of the number or duration of such funding periods;

a variation of the proportion of the total funding amount that will be provided as funding under the plan for reasonable and necessary supports during one or more funding periods;

if the statement of participant supports included in the plan specifies funding periods for one or more groups of reasonable and necessary supports—the following variations of the statement:

a variation of the number or duration of the funding periods for such a group;

a variation of the proportion of the funding component amount for such a group that will be provided as funding under the plan, during one or more funding periods that group, for reasonable and necessary supports in that group;

a variation relating to the general supports (if any) that will be provided to or in relation to the participant under the plan;

a variation of the statement of participant supports included in the plan in relation to the management of:

the funding for supports under the plan; or

other aspects of the plan;

a variation of the statement of participant supports included in the plan if:

the statement specifies that a support is to be provided by a specified provider, or in a specified manner; and

the variation is to specify that the support is to be provided by another provider, or in another manner, as the case may be;

a variation of the statement of participant supports included in the plan, or of the funding of supports under the plan, if:

the CEO is satisfied that the participant requires crisis or emergency funding as a result of a significant change to the participant’s support needs; or

after the participant’s plan comes into effect, the CEO receives information in response to a request that had been made under subsection 36(2) or 50(2) in relation to the plan (other than a request made under subsection 50(2) for the purposes of varying the plan on the CEO’s own initiative), and the variation relates to that information; or

the variation is made for the purposes of dealing with a change to the reassessment date of the participant’s plan; or

the variation is a minor variation that results in an increase to the funding of supports under the participant’s plan.

Provisions to avoid doubt

a variation of a total funding amount under subsection (1) may increase or decrease that total funding amount, unless either of the following expressly provides otherwise:

this Act;

the National Disability Insurance Scheme rules made for the purposes of another provision of this Act (including but not limited to paragraph (1)(b) of this section); and

a variation covered by any of paragraphs (1A)(ab) to (ae) must be made in accordance with subsections 33(2A) to (2D) and any determination in force for the purposes of subsection 33(2E); and

a total funding amount for an old framework plan cannot be varied except by a variation covered by paragraph (1A)(d) of this section.

Conditions not limited

have regard to the participant’s statement of goals and aspirations; and

be satisfied as mentioned in paragraph 32D(6)(b) in relation to any general supports to be provided; and

have regard to the principle that a participant should manage the participant’s plan to the extent that the participant wishes to do so; and

have regard to the operation and effectiveness of the plan and any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to the plan and any previous plans of the participant; and

be satisfied of any matters specified in the National Disability Insurance Scheme rules for the purposes of this paragraph.

Requirements of CEO—old framework plans

have regard to the participant’s statement of goals and aspirations; and

have regard to relevant assessments conducted in relation to the participant; and

be satisfied as mentioned in section 34 in relation to the reasonable and necessary supports that will be funded and the general supports that will be provided; and

apply the National Disability Insurance Scheme rules (if any) made for the purposes of section 35; and

have regard to the principle that a participant should manage the participant’s plan to the extent that the participant wishes to do so; and

have regard to the operation and effectiveness of any previous plans of the participant; and

have regard to whether section 46 (acquittal of NDIS amounts) was complied with in relation to the plan and any previous plans of the participant.

Decision on request

make a decision under subsection (1) varying the plan; or

make a decision not to vary the plan; or

inform the participant that the CEO requires further time to decide whether or not the plan needs to be varied.

in deciding whether to vary a participant’s plan on the CEO’s own initiative; or

in doing a thing under subsection (4).

Time for decision on request

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 50 (information and reports)); or

if there are no such rules—as soon as reasonably practicable, including what is reasonably practicable having regard to section 50 (information and reports).

Variation may be different from the one the participant requested

make a decision that the plan needs to be varied under subsection 47A(1); or

make a decision that the plan needs to be reassessed; or

make a decision not to conduct a reassessment of the plan.

in deciding whether to conduct a reassessment of a participant’s plan on the CEO’s own initiative; or

in making a decision under paragraph (3)(a), (b) or (c).

Notification of decision

a decision of the CEO to conduct a reassessment of the participant’s plan on the CEO’s own initiative;

a decision of the CEO under paragraph (3)(a) or (b).

Outcome of reassessment

complete the reassessment; and

either:

vary, under subsection 47A(1), the participant’s plan as a result of that reassessment; or

prepare a new plan with the participant in accordance with Division 2 and approve, under subsection 32D(2) or 33(2), the statement of participant supports in the new plan.

Time for completing reassessment

within the period worked out in accordance with the National Disability Insurance Scheme rules prescribed for the purposes of this paragraph (which may take account of section 50 (information and reports)); or

if there are no such rules—as soon as reasonably practicable, including what is reasonably practicable having regard to section 50 (information and reports).

complete a reassessment of the plan;

either:

vary, under subsection 47A(1), the participant’s plan as a result of that reassessment; or

prepare a new plan with the participant in accordance with Division 2 and approve, under subsection 32D(2) or 33(2), the statement of participant supports in the new plan.

that the participant, or another person, provide information that is reasonably necessary for the purposes of varying or reassessing the participant’s plan; or

that the participant do either or both of the following:

undergo an assessment and provide to the CEO the report, in the approved form, of the person who conducts the assessment;

undergo, whether or not at a particular place, a medical, psychiatric, psychological or other examination, conducted by an appropriately qualified person, and provide to the CEO the report, in the approved form, of the person who conducts the examination.

an event or change of circumstances happens that affects, or might affect, his or her access request, status as a participant or plan; or

the participant or prospective participant becomes aware that such an event or change of circumstances is likely to happen.

in the manner set out in a written notice given to him or her under section 52; and

as soon as reasonably practicable after he or she becomes aware that the event or change of circumstances has happened or is likely to happen.

the monitoring of supports funded for, or provided to, a participant;

whether NDIS amounts paid to the participant or to another person have been spent in accordance with the participant’s plan;

determining whether the participant was not entitled to be paid NDIS amounts because of the misleading statements or fraud of any person;

whether the participant or other person has complied with section 46;

whether the participant or prospective participant receives:

supports or funding through a statutory compensation scheme or a statutory care or support scheme; or

any other disability or early intervention supports.

the nature of the information or document that is required to be given or produced; and

how the person is to give the information or produce the document; and

the period within which the person is to give the information or produce the document to the Agency; and

the Agency officer to whom the information is to be given or the document is to be produced; and

that the notice is given under this section.

whether a prospective participant meets the access criteria;

whether a participant continues to meet the access criteria;

whether a person purporting to act on a person’s behalf for the purposes of this Act has the authority to do so;

the preparation, variation or reassessment of a participant’s plan;

the monitoring of supports funded for, or provided to, a participant;

whether NDIS amounts paid to the participant or to another person have been spent in accordance with the participant’s plan;

whether a participant or other person has complied with section 46;

whether a participant receives:

supports or funding through a statutory compensation scheme or a statutory care or support scheme; or

any other disability support;

the functions of the Agency.

whether an NDIS provider is contravening or has contravened subsection 73B(2) (requirement to be a registered NDIS provider);

whether a person applying for registration under subsection 73E(1) satisfies the requirements mentioned in that subsection;

whether a registered NDIS provider is meeting or has met the conditions of registration mentioned in subsection 73F(1);

whether an NDIS provider, a person who is or was employed or otherwise engaged by an NDIS provider or a person who is or was a member of the key personnel of an NDIS provider is complying or has complied with the requirements of the NDIS Code of Conduct;

if an NDIS provider, or other person, is or was subject to a banning order—whether the provider or person is providing or has provided supports or services, or engaged in activities, in contravention of the order;

the functions of the Commissioner.

the nature of the information or document that is required to be given or produced; and

how the person is to give the information or produce the document; and

the period within which the person is to give the information or produce the document to the Agency or Commissioner; and

if the notice is given by the CEO—the Agency officer to whom the information is to be given or the document is to be produced; and

if the notice is given by the Commissioner—the Commission officer to whom the information is to be given or the document is to be produced; and

that the notice is given under this section.

the notice may require the person to give the information by appearing before a specified Agency officer to answer questions; and

if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given.

the notice may require the person to give the information by appearing before a specified Commission officer to answer questions; and

if paragraph (a) applies—the notice must specify a time and place at which the person is to appear, which must be at least 14 days after the notice is given (subject to subsection (6)).

Notice given by Commissioner may specify shorter period or earlier time

a shorter period for the purposes of subsection (3); or

an earlier time for the purposes of paragraph (5)(b).

the notice is given by the Commissioner;

the Commissioner reasonably believes that not specifying the shorter period or earlier time would significantly increase the risk of serious harm to a participant;

the shorter period or earlier time is reasonable in the circumstances.

giving information; or

producing a document; or

giving evidence;

that the person is required to give or produce to the Agency, an Agency officer, the Commissioner or a Commission officer for the purposes of this Act.

the person would, apart from subsection (1), be prevented from doing so under a law of a State or Territory; and

the law of the State or Territory is prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph.

make a record of protected Agency information; or

disclose such information to any person; or

otherwise use such information;

if:

the making of the record, or the disclosure or use of the information, by the person is made:

for the purposes of this Act; or

for the purpose for which the information was disclosed to the person under section 66; or

with the express or implied consent of the person to whom the information relates; or

the person believes on reasonable grounds that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, preventing or lessening a threat (whether current or future) to an individual’s life, health or safety; or

the person believes on reasonable grounds that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety.

research into matters relevant to the National Disability Insurance Scheme;

actuarial analysis of matters relevant to the National Disability Insurance Scheme;

policy development.

the person offers to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Agency information.

the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Agency information.

if the CEO is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases—disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the CEO determines; or

disclose any such information:

to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or

to a person who has the express or implied consent of the person to whom the information relates to collect it; or

to the Chief Executive Centrelink for the purposes of a centrelink program; or

to the Chief Executive Medicare for the purposes of a medicare program; or

to the chief executive (however described) of a Department of State of a State or Territory, or to the head of an authority of a State or Territory, for the purposes of that Department or authority.

relates to the participant; and

is or was held in the records of the Agency.

(a) the CEO or an Agency officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and

in order to comply with the summons, notice or requirement, the CEO or Agency officer would be required to disclose information that is protected Agency information;

then, despite sections 62 and 67G of this Act, the CEO or Agency officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.

make a record of protected Commission information; or

disclose such information to any person; or

otherwise use such information;

if:

the making of the record, or the disclosure or use of the information, by the person is made:

for the purposes of this Act; or

for the purpose for which the information was disclosed to the person under section 67E; or

with the express or implied consent of the person to whom the information relates; or

the disclosure of the information by the person is to a State or Territory, or to an authority of a State or Territory, for one or more of the following purposes:

the carrying out of an NDIS worker screening check or aged care worker screening check;

any other purpose of an NDIS worker screening law or aged care worker screening law;

the screening of a worker employed or otherwise engaged by a registered NDIS provider, or of a member of the key personnel of a registered NDIS provider, as mentioned in paragraph 73T(3)(d); or

(daa) the disclosure or use of the information by the person is made for the purposes of complying with the worker screening requirements prescribed by rules made for the purposes of Aged Care Act 2024; orsection 152 of the

the disclosure of the information by the person is to a person or body, prescribed by the National Disability Insurance Scheme rules for the purposes of this paragraph, for the purpose prescribed by those rules; or

the person reasonably believes that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, preventing or lessening a threat (whether current or future) to an individual’s life, health or safety; or

the person reasonably believes that the making of the record, or the disclosure or use of the information, by the person is for the purpose of, or in relation to, reporting a past threat to an individual’s life, health or safety.

research into matters relevant to the National Disability Insurance Scheme;

policy development.

the person:

makes a record of information; or

discloses information to any other person; or

otherwise makes use of information; and

the person is not authorised or required by or under this Act to make the record, disclosure or use of the information that is made by the person; and

the information is protected Commission information.

Civil penalty

the person:

makes a record of information; or

discloses information to any other person; or

otherwise makes use of information; and

the person is not authorised or required by or under this Act to make the record, disclosure or use of the information that is made by the person; and

the information is protected Commission information.

the person solicits the disclosure of information from a Commission officer or another person, whether or not any protected Commission information is actually disclosed; and

the disclosure would be in contravention of this Part; and

the information is protected Commission information.

Civil penalty

the person solicits the disclosure of information from a Commission officer or another person, whether or not any protected Commission information is actually disclosed; and

the disclosure would be in contravention of this Part; and

the information is protected Commission information.

the person offers to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Commission information.

Offering to supply protected Commission information—civil penalty

the person offers to supply (whether to a particular person or otherwise) information about another person; and

the information is protected Commission information.

Persons holding themselves out as able to supply protected Commission information—offence

the person holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and

the person knows the information is protected Commission information.

Persons holding themselves out as able to supply protected Commission information—civil penalty

the person holds themselves out as being able to supply (whether to a particular person or otherwise) information about another person; and

the information is protected Commission information.

Exception—performing or exercising duties, functions or powers under this Act

if the Commissioner is satisfied on reasonable grounds that it is in the public interest to do so in a particular case or class of cases—disclose information acquired by a person in the performance of his or her functions or duties or in the exercise of his or her powers under this Act to such persons and for such purposes as the Commissioner determines; or

disclose any such information:

to the Secretary of a Department of State of the Commonwealth, or to the head of an authority of the Commonwealth, for the purposes of that Department or authority; or

to a person who has the express or implied consent of the person to whom the information relates to collect it; or

to a Department of State of a State or Territory, or to an authority of a State or Territory, that has responsibility for matters relating to people with disability, including the provision of supports or services to people with disability; or

to the chief executive (however described) of a Department of State of a State or Territory, or to the head of an authority of a State or Territory, for the purposes of that Department or authority.

relates to the participant; and

is or was held in the records of the Commission.

(a) the Commissioner or a Commission officer is served with a summons or notice, or is otherwise subject to a requirement, under the Royal Commissions Act 1902; and

in order to comply with the summons, notice or requirement, the Commissioner or Commission officer would be required to disclose information that is protected Commission information;

then, despite sections 67B and 67G of this Act, the Commissioner or Commission officer must, subject to the Royal Commissions Act 1902, disclose that information. The information is taken to have been disclosed for the purposes of the Royal Commissions Act 1902 and of the Royal Commission concerned.

the first person provides a support to another person; and

the support is provided under a participant’s plan; and

the National Disability Insurance Scheme rules require the first person to be registered to provide the support under the plan; and

the first person is not so registered.

Unregistered persons holding themselves out as being registered

the person holds themselves out as being able to provide a support under a participant’s plan; and

the National Disability Insurance Scheme rules require the person to be registered to provide the support under the plan; and

the person is not so registered.

Fault-based offence

for a serious contravention by an NDIS provider—10,000 penalty units; or

in any other case—250 penalty units.

the provision of supports or services under the arrangements set out in Chapter 2;

managing the funding for supports under participants’ plans;