No jurisdiction of Tribunal to hear claims by service providers for fees in excess of the Plan - Complete Nursing and Home Care Pty Ltd and NDIA [2020] AATA 360
Key Points In Complete Nursing and Home Care Pty Ltd and NDIA [2020] AATA 360 [opens in new window] the Tribunal determined that it does not have jurisdiction to review the NDIA's decision to refuse to pay invoices from an NDIS service provider that exceeded the amount of funding in a participant's plan. The decision shows the problem inherent to the NDIS of service providers either having to cease services abruptly when the funding runs out, or otherwise absorb the loss. Neither of these situations is ideal. Facts CNHC is a registered NDIS provider who provided services to children referred to as XY and BC. CNHC apparently received assurances from XY's father that it would be paid, and between August and October 2017 it incurred $4,363.44 of services that it was not paid for. In relation to BC, CNHC was asked by BC's mother to continue providing services after the funding in BC's plan ran out. CNHC's experience was that it would be reimbur