1.1 This part applies in relation to services under section 27(5) of the Act.
1.2 Self-directed support (also known as self-managed funding or individualised funding) enables participants to have choice and control about the necessary and reasonable treatment, care and support they receive.
1.3 A participant may choose to enter into an agreement with the LSA to arrange their services and to receive an amount to cover expenses which the LSA has agreed are necessary and reasonable. A person-centred approach will be taken to determine the agreement with the participant.
1.4 The agreement is to be in a form determined by the LSA.
1.5 The fixed period for the agreement will be determined by the LSA, taking into account the participant’s wishes.
1.6 The amount paid by the LSA to the participant will satisfy any liability that would otherwise arise in relation to the matters to which the agreement relates.
1.7 The LSA is not liable for any taxation, social security or other financial issues arising from the participant opting to self-direct their treatment, care and support.
1.8 The participant will spend the funds on necessary and reasonable treatment, care and support services, in line with their agreement with the LSA. The funds cannot be loaned or invested.
1.9 The LSA reserves the right to cancel, suspend or change the agreement in cases of:
1.9.1 fraud by the participant;
1.9.2 undue influence over the participant;
1.9.3 the emergence of unreasonable risks as outlined in rule 4 below; or
1.9.4 the participant no longer has decision making capacity or their carer/guardian no longer has authority to act on their behalf and a new guardian has not been appointed.
2.1 Participants may choose:
2.1.1 a direct payment arrangement, (i.e. the self-directed support allocation is paid directly into a bank account managed by the participant or their carer/guardian who then administers payments to service providers);
2.1.2 to use a host organisation (i.e. an approved agency that arranges services and manages the funding allocation); or
2.1.3 a mixture of the above
2.2 Participants can request assistance from the LSA in engaging service providers.
2.3 The rules in relation to approved attendant care providers will apply.
2.4 Participants may choose to self-direct part or all of their arrangements or funding for treatment, care and support services. The LSA will provide participants with assistance to decide on and implement the arrangement that suits them.
3.1 Self-directed support is available to lifetime participants who have completed a MyPlan.
3.2 Self-directed support is not available to lifetime participants if they are an insolvent under administration, or if, in the opinion of the LSA, it would create an unreasonable risk.
4.1 When evaluating whether or not to allow a participant to self-direct poses an unreasonable risk, the LSA will consider:
4.1.1 whether material harm, including material financial harm, to the participant could result if the participant were to manage the funding for supports, taking into account the nature of the supports identified in the MyPlan; and
4.1.2 the vulnerability of the participant to:
220.127.116.11 physical, mental or financial harm;
18.104.22.168 undue influence.
4.2 The LSA will also consider:
4.2.1 the ability of the participant to make decisions and decision supports available to the participant;
4.2.2 the capacity of the participant to manage finances;
4.2.3 whether a court or a tribunal has made an order under Commonwealth, State, Territory or international law under which the participant’s property (including finances) or affairs are to be managed, wholly or partly, by another person; and
4.2.4 whether, and the extent to which, any risks could be mitigated by:
22.214.171.124 the participant’s informal support network;
126.96.36.199 any safeguards or strategies the LSA could put in place through the participant’s MyPlan.
4.3 The safeguards referred to above may include, but are not limited to:
4.3.1 setting a shorter period before the participant’s MyPlan is reviewed; or
4.3.2 providing funding for supports that would assist the participant to manage their own MyPlan.
For example, budgeting training.
5.1 Participants will be required to provide agreed information, reconciliations and accounts sufficient for the LSA to effectively support the participant with their agreement, meet its fiduciary responsibilities and ensure the LSS Rules are being met.