Can I Appeal an NDIS Decision About Supported Independent Living (SIL)?

Yes. If you disagree with an NDIS decision about Supported Independent Living (SIL), you may be able to ask for the decision to be reviewed.

The NDIS makes decisions about supports based on the information available at the time, including evidence about a participant's support needs, goals and circumstances. If you believe a decision does not accurately reflect your situation, there are processes available to seek a review.

What Types of SIL Decisions Can Be Reviewed?

Participants may disagree with decisions relating to:

• SIL funding requests
• Changes to SIL supports
• The level of SIL funding approved
• Home and Living support decisions
• Requests for additional supports
• Decisions that affect existing SIL arrangements

Whether a decision can be reviewed will depend on the circumstances and the type of decision made.

Why Might Someone Disagree With a SIL Decision?

Every participant's circumstances are different.

Examples may include:

• SIL funding was not approved
• The approved supports do not reflect current needs
• Important evidence was not available when the decision was made
• Support needs have changed
• The participant believes the decision does not accurately reflect their situation

Disagreeing with a decision does not automatically mean the decision was incorrect, but participants can seek further review if they believe additional consideration is needed.

What Should I Do if I Disagree With a SIL Decision?

The first step is usually to make sure you understand the decision and the reasons for it.

You may wish to:

• Read the decision carefully
• Discuss the decision with the NDIA
• Speak with your support coordinator
• Speak with relevant allied health professionals
• Review the evidence that was provided

Understanding how the decision was reached can help identify whether further information may be required.

Can New Evidence Be Important?

Yes.

In some situations, additional or updated evidence may help provide a clearer picture of a participant's support needs.

Examples may include:

• Functional Capacity Assessments
• Occupational therapy reports
• Allied health assessments
• Behaviour support reports
• Information about changes in circumstances
• Evidence about current support needs

The relevance of any evidence depends on the participant's individual circumstances.

What Happens During a Review?

A review provides an opportunity for the decision to be reconsidered based on the available information.

The review process may involve consideration of:

• Existing evidence
• Updated evidence
• Participant circumstances
• Support needs
• Home and Living goals

The outcome will depend on the information available and the participant's circumstances.

Does Requesting a Review Guarantee a Different Outcome?

No.

Requesting a review does not automatically mean a decision will change.

The review process is designed to ensure decisions are considered fairly and based on the available information.

In some cases, the original decision may remain unchanged.

In other cases, the outcome may be different if additional information is available or circumstances have changed.

What If My Support Needs Have Changed Since the Decision?

Changes in support needs may be relevant.

For example:

• Increased support needs
• Changes in health
• Changes in living arrangements
• Changes in informal supports
• New risks or challenges

Updated information can help ensure decisions are based on current circumstances.

Can Someone Help Me Through the Process?

Yes.

Many participants seek support from:

• Support coordinators
• Recovery coaches (where relevant)
• Allied health professionals
• Family members or nominees
• Disability advocates

Support can help participants understand their options and gather relevant information.

Should I Get Professional Advice?

If you are unsure about your situation, it may be helpful to seek independent advice from a professional familiar with the NDIS.

The most appropriate source of advice will depend on your circumstances and the nature of the decision.

What Happens While a Review Is Being Considered?

This depends on the participant's circumstances and the supports involved.

If you have concerns about your current support arrangements, it is important to discuss them with the NDIA, your provider, support coordinator or other relevant professionals as early as possible.

Frequently Asked Questions

Can I appeal a SIL decision?

If you disagree with an NDIS decision about SIL, you may be able to seek a review of the decision.

What if SIL funding is not approved?

You may wish to understand the reasons for the decision, review the evidence available and discuss your options with the NDIA or relevant professionals.

Can I provide new evidence?

Yes. Updated evidence may be relevant if it helps explain your support needs or circumstances.

Will a review automatically change the decision?

No. A review does not guarantee a different outcome.

Who can help me understand a SIL decision?

Support coordinators, allied health professionals, disability advocates and the NDIA may be able to assist.

What if my support needs have changed?

Changes in support needs may be relevant and should be reflected in the information provided to the NDIA.

Read: http://ndis.gov.au/participants/changing-your-plan/decision-reviews

Read: What Is Supported Independent Living (SIL)?

Read: Supported Independent Living (SIL) Registration Changes Explained

Read: What Happens During a Supported Independent Living (SIL) Review?

Read: How Do I Apply for Supported Independent Living (SIL)?