National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020
15Matters to be determined by CEO in respect of each eligible participant
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15 Matters to be determined by CEO in respect of each eligible participant
(1) The CEO must determine the following matters for an eligible participant: (a) the SDA building type that is appropriate to support the eligible participant (see section 16); (b) the SDA design category that is appropriate to support the eligible participant (see section 17); (c) the area in which the specialist disability accommodation is to be located (see section 18); (d) whether the specialist disability accommodation is to be provided as an in‑kind support.
Note: The CEO may determine more than one SDA building type, SDA design category or location in relation to an eligible participant. The SDA building type, SDA design category and location must be specified in the eligible participant’s plan: see section 19.
(2) If an eligible participant notifies the CEO, in writing, that the eligible participant wishes to reside at: (a) a dwelling that the eligible participant occupied immediately before a determination under subsection (1) is made; or (b) a dwelling that the eligible participant moved to in accordance with an earlier determination made under subsection (1); or (c) a dwelling that does not meet the matters determined by the CEO under subsection (1) in relation to the eligible participant while the eligible participant finds and transitions to accommodation that satisfies those matters; the CEO may determine, in addition to the matters mentioned in subsection (1), that the eligible participant is eligible to receive support for specialist disability accommodation in relation to the accommodation specified in the notice.
Note 1: An eligible participant may be eligible under subsection (2) to receive support for a dwelling that only satisfies the minimum design requirements specified for the SDA design category of basic.
Note 2: The matters determined by the CEO under this section affect the amount of support that can be paid to an eligible participant for specialist disability accommodation. The SDA Price Guide sets out the maximum amount of support that is available for specialist disability accommodation.