Are You Eligible Under the New NDIS Section 33?

September 29, 2025

As of 2024–2025, changes to the National Disability Insurance Scheme (NDIS) have introduced a revised “Section 33” in the NDIS Act. These changes affect how NDIS plans are written, how budgets are structured, and when you can access your funding. 

If you have (or are applying for) an NDIS plan, these changes could affect you.

This blog will help you understand:

• What Section 33 is and what has changed
  
• Who these changes apply to (i.e. “eligibility” under the new Section 33)
  
• What to watch out for: where potential issues or concerns might arise
  
• What you can do to make sure your plan continues to meet your needs
  

Let’s start with the basics.

What is Section 33 in the NDIS Act?

“Section 33” refers to a part of the National Disability Insurance Scheme Act 2013. It outlines what must be included in a participant’s plan. Essentially, it’s legal guidance about how your plan is structured.

Key duties under Section 33 include things like:

• Specifying the supports that are “reasonable and necessary” for you
  
• Making sure these supports align with your goals, circumstances, and needs
  
• Specifying funding amounts, types of support, how and when support is to be delivered

What changed recently

In 2024, the Australian Parliament passed amendments as part of the “Getting the NDIS Back on Track No. 1 Act 2024”. These changes came into effect on 3 October 2024. 

Under these changes, several new requirements were added to Section 33. Among them:

• A total funding amount for all supports in a plan must be specified. 
• Supports must be grouped into funding components (groups of supports) and each component must have its own budget (“funding component amount”).
• Plans must include funding periods. That is, periods of time over which parts of your budget are made available. Not all funds are accessible at once.

These changes are intended to improve transparency, budgeting, planning, and to ensure funds last across the plan period.  

Looking for NDIS support coordination in Blacktown or Castle Hill? At Interaction, our expert Support Coordinators work closely with you to understand your goals, simplify your plan, and connect you to the services that matter most. Let us help you feel supported and confident every step of the way.

Who is Affected / Who is Eligible Under the New Section 33 Rules?

When people ask, “Are you eligible under the new Section 33?”, what they generally mean is: Does the new way of structuring plans and funding apply to me? Or will I get a plan under these new rules?

Here’s how to tell.

Situation	Are you under the new Section 33 structure?
You are getting a brand new NDIS plan approved after 19 May 2025	Yes — your plan will follow the new Section 33 funding period rules.
Your current plan is reviewed / reassessed after 19 May 2025	Yes — the new rules will apply when your plan is reviewed.
Your plan was approved before 19 May 2025, and not yet reviewed under the new conditions	No — you stay under the “old framework” until your plan is next reviewed.

So, eligibility under the new Section 33 rules is not about your disability type or severity; it’s about when your plan is made or reviewed. 

If your plan is new (from 19 May 2025 on) or is up for reassessment, then yes—it will use the new structure.

What These Changes Mean in Practice: What’s Different for You

Now that you know whether your plan will come under the new rules, what changes should you expect? What might you need to do differently?

Here are some core practical changes, along with likely impacts:

1. Funding Amounts are clearer
   • Your plan will show a total funding amount, the full budget for all supports under that plan.
     
   • Supports will be grouped into components (for example: Core Supports, Capacity Building; Capital) with budgets for each.
     
2. Impact: Less guesswork. You (and your providers/plan manager) will better understand how much money is allocated for what kind of support.
   
   
3. Funding Periods
   • Instead of having the entire plan’s budget available from the start, funding will be released in periods, e.g. monthly, quarterly etc. 
   • You’ll only be able to use the funds that are “unlocked” in the current funding period.
   • Unused funds may be rolled over within the same plan to subsequent funding periods. You cannot bring forward funds from future periods.
     
4. Impact: You’ll need to plan the timing of supports carefully—for example, if you have an intensive therapy early in the plan, you may need to request that enough funding be made available early to cover it.
   
   
5. Plan Duration & Timing
   • Initially, many plans under the new rules will still run for 12 months. But in future, plans could be longer.
     
   • The funding periods will start from the first day of your plan, not from calendar dates. So if your plan starts mid-month, the first funding period is from that start date.
     
6. Transparency & Review Rights
   • You have more right to see how the total amount, funding component amounts, and funding periods were determined.
     
   • If you’re unhappy with how your plan is structured, you can request a plan review or variation. 

If you’re based in Windsor or Ryde, Interaction’s NDIS Support Coordination team offers tailored guidance to help you get the most out of your plan. Our local knowledge means we can connect you with the best providers and community activities—so your NDIS journey is easier and more rewarding.

What to Watch Out For (Common Concerns & Questions)

These changes are meant to help participants, but there are a few things to be aware of—so you can anticipate issues, avoid surprises, and get what you need.

• Pressure early in the plan Since funding is released in installments, if you need high-cost or intensive supports early (e.g. assessments, therapy blocks, home modifications), you’ll want to make sure those are budgeted in an early period. If not,you might have to wait.
  
• Risk of unmet needs Especially for children or people whose needs change rapidly, or for supports that tend to come in bursts (e.g. therapy intensives, camps, etc.), rigid funding periods could be challenging.
  
• Coordination between providers Providers will need to align their services with your funding periods. If a provider expects payment from a period that’s not yet unlocked, there could be delays or confusion.
  
• Unused funds While unused funds within a plan can roll over into the next funding period, they do not carry over to the next plan (when a new plan is approved). Planning for full use is still wise.
  
• Equity concerns Some families/providers are worried that people with less capacity to plan or advocate (for whatever reason) might be disadvantaged by these changes. It’s important to advocate, use supports (such as plan managers, support coordinators) if needed.

How to Prepare / What You Should Do

If your plan is new or coming up for review under the new Section 33 rules, being proactive will help. Here are steps you can take to make sure your plan works well for you:

1. Understand your current/next plan’s timeline
   • When does your current plan end (or when will it be reviewed)?
     
   • If you already know your next plan will fall under the new rules, start thinking ahead about what supports might need early funding.
     
2. List your supports & goals clearly
   • Be clear about what you need now, and what support you expect over the year (or plan period).
     
   • Identify supports that are time-sensitive or that come in blocks (therapies, assessments, home modifications).
     
3. Ask for front-loaded or early funding where needed
   • If you need a large expense or assessment early, ask that enough funding is made available early in the plan.
     
   • You may request that a larger portion of the budget in a certain component (or period) is accessible early.
     
4. Engage help, ask questions
   • Use support coordinators, advocates (or disability-advocacy organisations) if needed.
     
   • Ask your NDIA planner: How have you set the funding periods? Why?; What is the funding component amount and how was it worked out?; Can this be modified if needed?
     
5. Monitor your spending and plan usage
   • Keep track of what you’ve used vs. what’s allocated in the current funding period.
     
   • Make sure providers are aware of funding periods so invoicing etc. aligns (so you don’t end up with a surprise billing issue).

So, Are You “Eligible” Under the New Section 33?

Putting it all together:

• Yes, if you are getting a new plan after 19 May 2025, or your plan is being reviewed or reassessed after that date.
  
• No, if your plan was approved before that date, and you’re not yet under a review/new plan.

It’s not a question of whether you qualify for the NDIS or meet disability criteria; it’s about when your plan is created or reviewed.

Get Help with your NDIS with Interaction

The changes to Section 33 are intended to make NDIS plans more transparent, to help people better understand their funding, and to help budgets last through the plan period. But they also mean more planning, awareness, and sometimes advocacy will be needed to ensure your supports are delivered when you need them.

If this sounds like it could affect you or someone you care about, here’s what to do next:

• Check your plan’s date: see when your current plan was approved, when it ends, and when the next review is scheduled.
  
• Reach out to NDIA or your Local Area Coordinator to ask whether your next plan will follow the Section 33 changes.
  
• Plan ahead: list your supports, think about what you’ll need early in your plan, and consider asking for early/flexible funding where needed.
  
• Seek help if needed: Talk to support coordinators, plan managers, and advocacy groups. You don’t have to navigate this alone.

If you have questions about how Section 33 applies to your situation or want help interpreting your plan, or preparing for review – get in touch with us at Interaction. We’re here to help you understand your rights, your funding, and how to make your NDIS plan work for you.