Participant plans are developed to meet the participant's individual circumstances and must align with the reasonable and necessary criteria outlined in section 34 of the National Disability Insurance Scheme Act 2013 (NDIS Act). Retrospective approval of reasonable and necessary supports is not permissible under the NDIS Act, therefore additional funds are not able to be approved to cover any services provided outside of the plan.
Participants have the right to exercise choice and control with regards to the supports they receive and it is the responsibility of participants to ensure that there are funds available for services prior to their delivery. It is also the responsibility of participants to ensure that services are accessed in a manner that ensures the availability of services across the full plan period.
The NDIA has statutory obligations relating to the payment and acquittal of NDIS amounts (being public monies). Specifically, the NDIA must comply with the statement of participant supports, and ensure that funds are spent in accordance with participant plans (see sections 39 and 46 of the NDIS Act).