%201%20%5BVectorized%5D.svg)
.png)
There is a sentence I hear a lot in this community.
"But our OT recommended it."
I get it. I really do. You've spent months, maybe years, building a relationship with a therapist who actually understands your child. They've done the assessment. They've written the report. They've recommended a specific product, and in their clinical opinion, it will reduce the functional impact of your child's disability.
And then someone, somewhere in the NDIS machinery, says no.
And you can't understand why, because: the OT recommended it. The evidence is there. The functional need is clear.
Here's the thing I need to tell you, and I want to say it as clearly and kindly as I can.
An OT recommendation does not make something an NDIS support.
That's not a criticism of OTs. OTs are incredible and the good ones will move mountains for your child. But the NDIS has its own rules about what it will and won't fund, and those rules exist completely separately from clinical opinion. An OT can recommend something that is absolutely the right choice for your child, and it can still be a non-NDIS support. Both things can be true at the same time.
This is one of the most misunderstood parts of the Transitional Rules, and it catches families out constantly. So let's unpack it.
What makes something a non-NDIS support?
Since October 2024, the rules about what the NDIS will and won't fund have been written into legislation. Specifically, the National Disability Insurance Scheme (Getting the NDIS Back on Track No. 1) (NDIS Supports) Transitional Rules 2024 , which I'll just call the Transitional Rules from here.
Schedule 2 of the Transitional Rules sets out a list of supports that are generally not NDIS supports. Not "probably not." Not "might not be." Generally not, by law.
The list includes things you'd expect: rent, groceries, petrol, gambling. But it also includes some categories that trip families up regularly. Categories like:
- Standard household items and appliances
- Standard clothing and footwear
- Standard recreational equipment
The operative word in all of those is "standard."
What does "standard item" actually mean?
This is where it gets technical, confusing and muddy so Im going to enter NDIS nerd territory here because it matters.
The Transitional Rules define a "standard item" like this:
"An item that is not modified or adapted to address the functional impairments of the participant or prospective participant."
That's it. That is the whole definition.
Notice what is not in that definition. There's no mention of:
- Whether a health professional recommended it
- Whether it reduces the impact of disability
- Whether your child genuinely needs it
- Whether a neurotypical child would use the same product
The definition looks only at the item itself. Is it modified or adapted to address functional impairment? Yes? Then it could potentially be an NDIS support. No? Then it is a standard item and therefore not an NDIS support.
In plain English: it's the item that gets assessed, not the person using it.
This creates a situation that can feel deeply unfair. A product can be genuinely helpful for your child's disability, recommended by a qualified professional, and still be classified as a standard item because it wasn't specifically modified or adapted for disability purposes.
You can read the full Transitional Rules here.
Let's use a real example: seam-free socks
Families of children who have sensory processing differences often find that standard socks can cause cause real distress. The seam across the toe is genuinely unbearable for some kids. An OT assesses the child, identifies the sensory sensitivity as a functional impairment, and recommends seam-free socks to reduce that impact. Seems reasonable. The recommendation is clinically sound.
So can you use NDIS funding to buy them?
Almost certainly not. And here's why.
Seam-free socks are commercially available. You can buy them at Bonds, Target, or any major retailer. They are not modified or adapted to address a specific participant's functional impairment, they are a product produced in bulk for commercial retail sale, available to anyone. That makes them a standard item under the Transitional Rules, and standard clothing and footwear sits squarely in Schedule 2, Item 5(c). Non-NDIS support.
The fact that your child wears them because of their disability doesn't change the category.
The fact that they reduce sensory distress doesn't change the category.
The fact that your OT recommended them doesn't change the category.
Now, could you argue that a sock specifically designed and modified for disability — with features that directly address a participant's functional impairment in a way that goes beyond commercial retail — is not a standard item? Technically, yes. But here's the catch:
There is no risk-free ability to make that interpretation.
The Rules don't differentiate across cohorts, ages, environments, or individual situations. The definition is written as a blanket rule. And the NDIA's general stance when applying their own interpretation is conservative. They will tend to classify something as standard unless the modifications are clear, specific, and directly tied to disability-related functional impairment.
If the product is produced in bulk for commercial retail sale, the NDIA is very likely to treat it as a standard item. Full stop.
The Explanatory Statement for the Transitional Rules puts it plainly:
"Clothing and beauty: this includes jewellery and watches, make up, standard clothing and footwear, hair styling and body art. It does not include adaptive clothing that a participant may require as a result of their disability."
So some clothing can be funded, if it is genuinely adaptive. But there is nothing in the legislation that precisely defines where that line sits. That ambiguity is the problem. And in practice, the ambiguity tends to resolve in the NDIA's favour, not yours.
.png)
The replacement support pathway — and who can actually approve it
There is a mechanism in the Transitional Rules that allows a very small number of non-NDIS supports to be paid for using NDIS funding. It's called a replacement support determination. But there is a specific process you need to follow, and it only applies to a very limited category of items.
Under the Transitional Rules, a replacement support can only be considered for:
- Standard commercially available household items
- Smart watches, tablets, smartphones, or an app used for accessibility or communication purposes
That's it. Clothing, including our seam-free socks example, is not even on that list. For most clothing items, there is no replacement support pathway available at all.
For the items that do qualify, the conditions are strict. The support must:
- Be necessary to address needs arising from the participant's disability
- Increase whole-task independence
- Reduce or eliminate the need for a support worker or disability-specific assistive technology
This is a narrow pathway. It is not designed for products that are helpful or clinically recommended. It is designed for situations where the item genuinely replaces something else the NDIS would otherwise be funding.
And here is something families often misunderstand: a replacement support does not increase your child's funding. It is not extra money. It means that existing funding already in the plan will be redirected, meaning used for the replacement item instead of the support it was originally intended for. You are essentially telling the NDIA that you want to spend a portion of your existing budget on this item instead of, say, support worker hours or a specific piece of assistive technology. The total funding stays the same.
You can learn more about replacement supports here.
Now here is the part that matters most practically.
A replacement support determination can only be approved by a planner or planning delegate. They are the only people with the legal authority to say yes to using NDIS funding for a non-NDIS support. Full stop.
Not your LAC. Not your NDIS contact. Not the call centre.
This matters because families are sometimes told by someone helpful on the phone that a purchase is fine. Unless that person is a delegate or planner, that person cannot authorise it. It doesn't matter how confident they sound or how reasonable their explanation seems. If they are not a planner or planning delegate, their opinion has no legal standing.
If you spend NDIS funding on a non-NDIS support based on a verbal okay from someone without that authority, you could be in breach of section 46 of the NDIS Act. ALWAYS get these assurances in writing because the consequences can be very real, and I'll cover them in the next section.
Section 46: what it means for your family
Section 46 of the NDIS Act is the rule that says NDIS funding can only be spent on NDIS supports. That's it. If you spend it on something that isn't an NDIS support, you've broken the rule.
If funding is spent on something that is not an NDIS support, the possible consequences are:
- The NDIA can ask for the money back
- Plan management being changed, away from self-management or plan management, toward Agency management
- Funding periods being shortened or reduced
This is not a scare campaign. This is the actual law.
Kindship's position is straightforward: we will not process claims for items that are clearly non-NDIS supports. Not because we want to make your life harder, but because the consequences of non-compliance land on your family, not on us.
If you have been told by an LAC, an NDIS contact, or a call centre staff member that a non-NDIS support item is fine to purchase, that is not enough. You need written approval from a planning delegate. If you're not sure who that is or how to request it, come and talk to us.
What to do if your OT recommends something that might be a non-NDIS support
Here is what I'd suggest.
1. Ask your OT to be specific about what makes the item non-standard.
If they're recommending a product because it has adaptive or modified features that directly address your child's functional impairment, get that in writing. Not a general recommendation, but a specific statement about the modifications and how they address the identified functional impairment.
2. Check whether it falls under Schedule 2 (aka, the no list).
Standard clothing, standard household items, standard recreational equipment — if the item sits in one of those categories and isn't clearly modified for disability, it's likely a non-NDIS support.
3. If you want to pursue it, check if it’s eligible for a replacement support application.
This is not a verbal okay. Not an email from your LAC. Not reassurance from the call centre. A written determination from a planning delegate, before you spend.
4. If you're plan managed, talk to your plan manager first.
A good plan manager will work with you to review the item to help work out if it is or is not an NDIS support. At Kindship Plan Management we'd rather have an honest conversation upfront, rather than have us seen as the bad guys when we cannot process an invoice for something that has already been purchased, leaving you out of pocket.
Why this feels so wrong
I want to acknowledge something before I finish.
None of this is the OT's fault. None of this is your Plan Manager’s fault. OTs assess functional need and recommend what's clinically appropriate. That is their job, and they do it well.
None of this is your fault. You are trying to get your child what they need.
The problem is a set of rules that assess items in isolation, without reference to the individual, the environment, the age of the child, or the specific circumstances of the family. The same product can be a non-NDIS support for one child and an NDIS support for another, not because their needs are different, but because of whether the specific item is modified.
That is genuinely a design flaw in the rules. It creates unfair outcomes. It generates enormous confusion. And it puts families in the position of having to navigate legal technicalities when they're already exhausted.
However until these rules change, this is the landscape you're operating in. And the best thing I can do is make sure you understand it, so you don't end up with a debt, a compliance flag on your plan, or a change in your plan management that makes everything harder.
.png)
FAQs
My OT has recommended a product and written a report. Is that enough to use NDIS funding?
Not on its own. An OT recommendation is important clinical evidence, but it doesn't determine whether something is an NDIS support. The Transitional Rules determine that. If the product falls under Schedule 2 (aka, the no list), like standard clothing or standard household items, you'll need a replacement support appliction from an NDIA delegate before you can pay for it with NDIS funding.
What's the difference between an LAC/NDIS contact/Early Childhood Partner and a NDIS planner/delegate?
Your LAC (Local Area Coordinator), NDIS contact or Early Childhood Partner help you prepare for planning and connect with the NDIA. They do not have the authority to make funding decisions or make replacement support determinations. A planning delegate is an NDIA staff member who has been delegated the legal authority to make those decisions.
If I use NDIS funding on a non-NDIS support by mistake, what happens?
Mistakes happen and the NDIA know this. Speak with your plan manager, NDIS contact, LAC or Early Childhood Partner about how to manage this.
Can a plan manager process an invoice for a non-standard item claim?
No. A plan manager processes invoices however cannot approve items that are non-NDIS supports. If a plan manager is good at their job, they'll help you to understand why. With the tightening down in the plan management world, the days of being able to jump ship and go to a different plan manager who may process an NDIS support that your existing plan manager has said no to are ending.
Is there more information out there on this?
Yes, there are plenty of resources out there including on the NDIS website. We also did a whole free webinar on this topic if you want to go deeper. You can watch it here.
At Kindship Plan Management, we spend a lot of time sitting in this exact grey zone with families. It's not our favourite part of the job, because no one wants to tell a parent that a clinically sound recommendation can't be funded. But getting this right matters, and we'd rather be honest with you than let you walk into a compliance problem.
If you're unsure about a specific item, reach out. We're here to help you figure it out.
If you found this useful and want to stay across NDIS funding rules, free webinars and practical resources — we'd love to stay in touch.
No jargon, no overwhelm. Just the stuff that actually matters for your family.
