National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020
25Application to enrol dwelling
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25 Application to enrol dwelling
(1) An SDA provider may apply to the CEO to enrol a dwelling as a dwelling at which specialist disability accommodation can be provided. (2) The application must: (a) be in writing; and (b) include the information specified in subsection (3); and (c) be accompanied by a written statement that: (i) is signed by the applicant; and (ii) certifies the matters set out in subsection (4); and (iii) is to the effect that the applicant has agreed to comply with the conditions of enrolment. (3) The application must include the following information: (a) the SDA building type and location of the dwelling; (b) whether the dwelling is a new build, existing stock or legacy stock; (c) the SDA design category that applies to the dwelling; (d) the number of bedrooms at the dwelling; (e) the maximum number of residents for which the dwelling is to be enrolled; (f) the maximum number of eligible participants for which the dwelling is to be enrolled; (g) if the SDA provider does not own the dwelling—the name of the owner of the dwelling; (h) if the applicant is an eligible participant—whether the applicant will reside at the dwelling; (i) whether a density restriction applies to the parcel of land on which the dwelling is located and whether the density restriction would be exceeded if the dwelling is enrolled; (j) whether the National Disability Insurance Scheme has funded or provided complex home modifications for the dwelling at any time: (i) after 1 December 2016; and (ii) within the period of 10 years beginning on the day the application is made; (k) whether the National Disability Insurance Scheme has funded or provided home modifications, other than complex home modifications, for the dwelling at any time: (i) after 1 December 2016; and (ii) within the period of 5 years beginning on the day the application is made. (4) For the purposes of subparagraph (2)(c)(ii), the applicant must certify that: (a) the dwelling is a permanent dwelling; and (b) the dwelling is suitable to be used for specialist disability accommodation; and (c) the dwelling is to provide long‑term accommodation for at least one eligible participant; and (d) the dwelling meets all relevant building codes, standards and laws that are applicable to the dwelling; and (e) the National Disability Insurance Scheme has not funded or provided complex home modifications for the dwelling at any time during the period mentioned in paragraph (3)(j); and (f) the National Disability Insurance Scheme has not funded or provided home modifications, other than complex home modifications, for the dwelling at any time during the period mentioned in paragraph (3)(k); and (g) the Commonwealth, or a State or Territory, does not provide funding in respect of the dwelling under a scheme unrelated to disability accommodation; and (h) the dwelling is suitable to house: (i) the maximum number of residents specified in the application; and (ii) the maximum number of eligible participants specified in the application; and (i) the applicant has suitable capacity and experience to provide specialist disability accommodation at the dwelling; and (j) if the dwelling is owned by a person other than the applicant—the owner of the dwelling has agreed in writing that: (i) the applicant can enrol the dwelling; and (ii) the owner will not separately enrol the dwelling; and (k) a density restriction that applies in relation to the parcel of land on which the dwelling is located would not be exceeded if the dwelling is enrolled. (5) The CEO may, by written notice, require an applicant to give the CEO such further information or documents in relation to the application as the CEO reasonably requires.