Map a Queensland compensation payment against an NDIS recoverable amount
MaintainedLast reviewed
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the judgment or settlement, the plan and the compensation papers, list each Queensland payer, whether the person is a NIISQ participant, and whether a notice required a claim under a Queensland scheme. Do not calculate a recoverable amount or a compensation reduction amount.
- What the lawyer must review
- You decide which Queensland payments are compensation for supports the NDIS might fund.
- Keep NIISQ treatment, care and support separate from an NDIS plan reduction.
- You decide if a missed state-scheme claim suspends the plan, or if the agency may take over a claim.
- Do not calculate a recoverable or reduction amount. Use a firm tool. Check ASCR r 9, APP 11 and any notifiable breach.
- Written for / version
- Queensland versionQLDNSW
Rules that apply
The document starts from the task name. Change it if this piece of work is different.
The work product
Forum. NDIS compensation and Queensland scheme payments
Produce. A payment map for the lawyer, with no dollar reduction.
Have ready. The settlement or judgment; The plan; Any NDIA notice; Whether the person is a NIISQ participant.
Example of the limit. Illustrative example: The settlement includes care and an ISV figure, and NIISQ is funding treatment. The map lists the settlement and the NIISQ funding on separate rows. It does not state a reduction.
Stop and hand it back when
- A dollar reduction is requested.
- NIISQ status is unknown and the supports have not been separated.
Sources for this task were checked on 2026-10-23.
Who does what
| Role | What they do |
|---|---|
| Assistance | From the judgment or settlement, the plan and the compensation papers, list each Queensland payer, whether the person is a NIISQ participant, and whether a notice required a claim under a Queensland scheme. Do not calculate a recoverable amount or a compensation reduction amount. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- List WorkCover, CTP, common-law and NIISQ amounts in separate rows.
- Record whether compensation has been fixed by judgment or settlement.
- Flag a section 105(2) notice and a section 105(4) notice as different consequences.
Sources
- National Disability Insurance Scheme Act 2013 (Cth) s 105 · 2026-10-23
- NDIS Compensation Operational Guideline, 28 August 2026 · 2026-10-23
- NIISQ: NIISQ and the NDIS · 2026-10-23
Health, wage and scheme records stay in a firm-controlled tool. Check ASCR r 9, APP 11, and whether a disclosure is notifiable under the Privacy Act 1988 (Cth).
The NDIS Compensation Operational Guideline, dated 28 August 2026, quotes section 11. Compensation is a payment for personal injury, or under a Commonwealth, State or Territory scheme, that is wholly or partly for the cost of supports that may be provided to a participant. A global sum that included medical expenses or domestic care is treated as compensation. A breakdown of past NDIS amounts is not the recoverable amount. The recoverable amount is calculated only after compensation is fixed and access has been granted. Section 108 is cited for the debt.
Section 105(2): if the required action is a claim under a State scheme and it is not taken in time, a plan in effect is suspended. Section 105(4): if the action is not under such a scheme, the CEO may claim in the person's name or take over the claim, and section 105(6) requires 28 days' written notice first. The NIISQ page says the NDIS cannot fund a support that is the responsibility of another system such as NIISQ, and that NIISQ funds necessary and reasonable treatment, care and support for the motor accident while the person is a participant.