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Determinations/Other as made
This determination specifies which kinds of supplies to a participant of the National Disability Insurance Scheme (the NDIS) are GST free where the supply meets the other conditions in section 38-38 of the A New Tax System (Goods and Services Tax) Act 1999.
Administered by: Treasury
Registered 22 Jun 2017
Tabling HistoryDate
Tabled HR08-Aug-2017
Tabled Senate08-Aug-2017

EXPLANATORY STATEMENT

Issued by the Authority of the Minister for Social Services

 

A New Tax System (Goods and Services Tax) Act 1999

GST-free Supply (National Disability Insurance Scheme Supports) Determination 2017

Subsection 177-10(5) of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act) provides that the Disability Services Minister may, by legislative instrument, make a determination of which kinds of supplies may be GST-free for the purposes of paragraph 38-38(d) of the GST Act.

The purpose of this Determination is to specify which kinds of supplies to a participant of the National Disability Insurance Scheme (the NDIS) are GST‑free if the supply meets the other conditions in section 38‑38 of the GST Act.

Background

Supplies of various disability supports are GST-free under provisions in Subdivision 38-B of the GST Act where the supplier receives government funding for the supplies.  However, under the NDIS, government funding for some of these disability support types is not provided to the suppliers. Instead, funding is provided to the participant (that is, the person with a disability who receives NDIS supports) or another person managing the funding for the participant.

This Determination ensures that certain supplies to an NDIS participant are GST-free where the supply is of a kind determined by the Disability Services Minister and the supply meets the other requirements of section 38-38 of the GST Act. Broadly, section 38-38 also requires that the supply is of one or more reasonable and necessary supports specified in the participant’s plan and that the supply meets certain substantiation requirements. The operation of section 38-38 of the GST Act is outlined in the explanatory memorandum to the Tax Laws Amendment (2013 Measures No. 2) Bill 2013.

This Determination replaces the GST-free Supply (National Disability Insurance Scheme Supports) Determination 2013. A review of the previous determination was undertaken and recommendations have been implemented.

Application

This Determination specifies the kinds of supplies of supports which are GST‑free where the supply meets the other conditions set out in section 38-38 of the GST Act. There are 14 kinds of supplies, listed in Schedules 1 and 2 to the Determination, which are intended to reflect the kinds of supplies of disability supports that are GST-free where the supplier receives government funding for the supplies.

Five kinds of supplies listed in Schedule 2 to the Determination are restricted to those listed in the three following Determinations:

                Schedule 1 to the GST-free Supply (Care) Determination 2017;

                Clause 6 of the A New Tax System (Goods and Services Tax) (GST free Supply—Residential Care—Government Funded Supplier) Determination 2015;

                Clause 4 of the GST-free Supply (Health Services) Determination 2017; and

                such later replacement determination from time to time that has been made under sections 38-15, 38-25 and 38-30 of the GST Act.

Schedule 2 to this Determination ensures that the kinds of supplies that have been GST-free under one of the three Determinations will continue to be GST-free if the supplies are specified in an NDIS participant's plan as reasonable and necessary supports and the other requirements of section 38-38 of the GST Act are met. 

The Determination also specifically excludes some supplies, such as taxi fares and supplies associated with assistance with rental costs. Therefore, these kinds of supplies will not be GST-free under section 38-38 of the GST Act, even if they are specified as reasonable and necessary supports in an NDIS participant’s plan and the other requirements of section 38-38 of the GST Act are met.

Examples of the supplies covered by this Determination are included in Attachment A.

If a supply of disability support made to a participant is not GST-free under section 38-38 of the GST Act, it may still be GST-free under another section of the GST Act, for example, under those GST-free health related sections in Subdivision 38-B. 

Conditions

The GST Act does not specify any conditions that must be satisfied before this instrument is made.

Commencement

The Determination commences on 1 July 2017. 

The Determination applies to supplies made on or after 1 July 2017 which are made on or before 30 June 2021.

Consultation

A Working Group comprising of Commonwealth and Western Australian Treasury officials was formed in 2015 to undertake a review of the Determination. The purpose of the review was to ensure that the GST-free treatment of disability supports under the NDIS arrangements are consistent with those that applied prior to its commencement.

The Working Group consulted Treasury, the National Disability Insurance Scheme and the Australian Taxation Office as part of the review process. The Working Group recommended that the Determination be restructured to make it easier to determine the types of eligible GST-free disability supports and to separate those that apply to all NDIS participants from those that apply to only a subset of NDIS participants. As the GST-free treatment of disability supports are not changing, wider consultation was not considered to be necessary.

This Determination is a legislative instrument for the purposes of the Legislation Act 2003


ATTACHMENT A

Types of supplies listed in the Determination

There are 14 kinds of supplies of supports listed in the Schedules to this Determination. These supplies are GST-free where the supply meets the other requirements of section 38-38 of the GST Act and they are listed below.

This Determination does not list all the supplies of supports that can be GST-free when made to NDIS participants. There are other sections in the GST Act, including those under Subdivision 38-B (Health), that provide GST-free treatment to other types of disability supports.

Schedule 1

Classes of Supports

Example

Description

1.   Specialist Disability Accommodation and accommodation/ tenancy assistance

Specialist Disability Accommodation

Accommodation for NDIS participants who require specialist housing solutions to assist with the delivery of supports that cater for their significant functional impairment and/or very high support needs.

Assistance with accommodation and tenancy obligations

 

 

Support provided to guide, support, prompt, or undertake on a participant's behalf, activities to ensure they obtain or retain appropriate accommodation. This can include assisting them to apply for a rental tenancy and undertaking tasks required of a tenant.

2.   Assistance in coordinating or managing life stages, transitions and supports, including daily tasks in a group or shared living arrangement

Coordination of complex supports

Support that focuses on strengthening the participant’s ability to coordinate their supports and assists them to live and participate in their community. This can include resolving points of crisis, developing capacity and resilience in the participant’s network as well as coordinating supports where they are provided by a complex range of mainstream informal networks and formal services.

Life/transition planning

A time limited support that works to assist the participant, together with family and carers, to develop a vision for a meaningful life and plan for their needs as needs and circumstances change over time. 

Mentoring and peer support

Assistance either within the home or community to attend appointments, shopping, bill paying, social activities, maintaining social contact with others.

Assistance in a host family or alternative family situation

Daily living support provided in the host family's own home for a defined period of time.

Assistance in a shared living arrangement (hourly rate per person)

Daily living support provided in a shared living arrangement.

Assistance in a shared living arrangement for 2 to 7 or more persons - standard

Assisting with and/or supervising tasks of daily life to develop the skills of individuals with standard (or mixed) support needs to live as autonomously as possible.  

Assistance in a shared living arrangement for 2 to 7 or more persons - complex needs

Assisting with and/or supervising tasks of daily life to develop the skills of individuals with complex support needs to live as autonomously as possible.  

Assistance in a shared living arrangement for 3 to 7 or more persons - lower needs

Assisting with and/or supervising tasks of daily life to develop the skills of individuals with lower support needs to live as autonomously as possible.  

Assistance with self‑care and other activities provided in residential aged care facility

Assistance with self-care and other activities provided in residential aged care facility.

Outside of School Hours Care for Teenagers with Disability

Outside of School Hours Care for Teenagers with Disability required due to the additional needs related to their disability.

Overnight assistance in a centre or group residence

Assistance with self-care and other activities provided in centre or group residence.

Vacation care

Vacation care required due to additional needs related to disability.

3.   Household tasks

Assistance with specialised equipment for household tasks

Assistive technology to enable the participant to undertake household tasks.

Delivered meals

Delivery of prepared meals to a participant who is unable to prepare meals for themselves, including with other forms of assistance.

House and/or yard maintenance

Performing essential house and or yard activities that the participant is not able to undertake.

House cleaning

Performing essential house cleaning activities that the participant is not able to undertake.

Linen service

Provision of clean linen to a participant who is unable to do their own laundry for themselves, including with other forms of assistance.

4.   Assistance with and training in travel / transport arrangements, excluding taxi fares

Specialised transport to school/ educational facility/ employment/ community

Transport required to get a person with disability to school/educational facility/employment/community when they are unable to travel by other means due to their disability.

Transport fares, excluding taxi fares

Fares for specialised accessible transport provided when a person with disability is unable to travel by public transport or other means due to their disability (excluding taxi fares).

Public transport training and support

Training in the use of public transport.

Specialised driving training and testing

Training in driving using adapted equipment or vehicle modification by a Driver Trained Occupational Therapist.

5.   Interpreting and translation

Auslan or Signed English Interpreting

Formal interpreting for Auslan or signed English.

Live captioning

Captioning completed in person.

Remote captioning

Captioning done remotely.

Interpreting

Interpreting.

Translating

Translating.

6.   Assistance to access and maintain education and employment

Assistance to participate in educational activities

Assistance to participate in educational activities due to the impact of the person’s disability.

Personal assistance to support educational activities

Personal assistance with self-care in an educational setting.

Transition from school to further education

Provision of skills training, advice, assistance with arrangements, orientation to assist a person with disability moving from school to further education.

Transition to school - program design, planning and implementation

Specialised assistance in planning and transitioning to school.

Assistance to transition from school to work

Provision of skills training, advice, assistance with arrangements, orientation to assist a person with disability moving from school to work.

On the job training and support in the open labour market

Training and support in the workplace required due to the person’s disability and where the support is not provided by the employer or employment programs.

Specialised assistance to gain employment in the open labour market

Additional assistance required by a person with disability because of their disability in order to obtain a job.

Specific disability related employment readiness training

Training required due to the person’s disability that assists the participant to be ready for employment.

Assistance in specialised (supported) employment  (hourly rate)

Specialised assistance in a supported employment environment.

Participation in a supported employment program

Work in place of employment with tasks specifically set up for people with disabilities.

7.   Assistive equipment for recreation

Assistive products for audio visual pursuits

Interfaces that allow a person with disability to access recreational gaming equipment when unable to do so through conventional routes.

Assistive products for other recreational activities

Products such as card holders, camera holders and adaptations to enable a person with disability to participate in recreational activity.

Assistive products for play

Toys and books adapted with switches or other adaptations to enable a child or young person with disability to use them.

Assistive products for sport

Specialist wheelchairs, prostheses etc. which enable a person with disability to participate in sport.

Environmental control for electronic leisure access

Interfaces which enable a person with disability to activate standard household audio visual equipment by switch scanning voice or eye gaze.

Spare parts for assistive equipment for recreation

Spare parts required for the repair and maintenance of specialised recreation equipment.

8.   Early intervention supports for early childhood

Specialised group early childhood interventions

Group multidisciplinary early childhood interventions and family focussed information and training.

 

Transdisciplinary early childhood interventions

Transdisciplinary early childhood interventions and individual/ family focussed information and training.

 

Specialised individual therapy for early childhood

Specialised individual therapy for children with Autism.

9.   Management of funding for supports in a participant’s plan

Financial intermediary - set up costs

The setting up of the financial management arrangements for managing of funding of supports.

Financial intermediary monthly processing

The ongoing maintenance of the financial management arrangements for managing of funding of supports.

Financial and service intermediary set up costs

The setting up of the financial management and service intermediary arrangements for managing of funding of supports.

Financial and service intermediary activities

Undertaking regular liaison with providers, setting up and monitoring support provision.

 

Schedule 2

The classes of supports listed in Schedule 2 to this Determination are restricted to those listed in the following Determinations:

                Schedule 1 to the GST-free Supply (Care) Determination 2017;

                Clause 6 of the A New Tax System (Goods and Services Tax) (GST free Supply—Residential Care—Government Funded Supplier) Determination 2015; and

                Clause 4 of the GST-free Supply (Health Services) Determination 2017; and

                such later replacement determination from time to time that has been made under sections 38-15, 38-25 and 38-30 of the GST Act.

 

1.         Assistance with daily personal activities*

Active overnight assistance with self‑care

Assisting with, and/or supervising, personal tasks of daily life to develop skills of the participant to live as autonomously as possible.

Assistance from live‑in carer

A person lives in the house of, or travels with the participant and provides assistance with, and/or supervision of, personal tasks of daily life to develop skills of the participant to live as autonomously as possible. 

Assistance with self‑care activities (daytime on weekdays, weekday evenings, on Saturday, Sunday or Public Holidays, or sleepover inactive)

Assisting with, and/or supervising, personal tasks of daily life to develop skills of the participant to live as autonomously as possible.

Specialised child care at home

Specialist childcare in the home required due to the additional requirements of the child’s disability.

Assistance with household tasks

Assisting the participant to live as autonomously as possible by assisting them to actively participate in, and/or develop skills to maintain their home environment.  This includes assisting the participant to manage their budget, with personal communication and basic household and yard maintenance activities.

2.         Specialised assessment and development of daily living and life skills, including community participation

Assistance to access community, social and recreational activities - individual –weekdays or weekends (if provided in a day care centre or to a resident of a residential care facility)

Provision of support to enable a participant to independently engage in community, social and recreational activities during the week or on weekends.  The service must be provided in a day care centre or to a resident of a residential care facility.

Assistance with selection/ adaptation of specialised recreation equipment

Provision of specialised equipment to enable a participant to engage in community, social and recreational activities.

Development of skills for community, social and recreational participation

Training or skills development to enable a participant to independently engage in community, social and recreational activities.

Group based activities - core (if provided in a day care centre or to a resident of a residential care facility)

Social and recreational activities in a centre based program.  The service must be provided in a day care centre or to a resident of a residential care facility.

Group based activities - higher intensity (if provided in a day care centre or to a resident of a residential care facility)

Social and recreational activities in a centre based program for participants with complex support needs. The service must be provided in a day care centre or to a resident of a residential care facility.

Group based community, social and recreational activities (if provided in a day care centre or to a resident of a residential care facility)

Provision of support to enable a participant to engage in community, social and recreational activities in a group. The service must be provided in a day care centre or to a resident of a residential care facility.

Community, social and recreational activity costs (if provided in a day care centre or to a resident of a residential care facility)

Provision of support to enable a participant to independently engage in community, social and recreational activities when the cost of participation exceeds an affordable level and without which the participant would be at risk of social isolation.  The service must be provided in a day care centre or to a resident of a residential care facility.

Specialist assessment of skills, abilities and needs

Specialised assessment by a professional.

Assessment and recommendation of continence aids

Assessment, selection, training on equipment for people with incontinence.

Assessment for personal hearing devices

Assessment, selection, training on equipment for people with a hearing impairment.

Hearing assessment by Audiologist

Hearing test undertaken by an audiologist.

Workplace assessment

Assessment of workplace to evaluate/ recommend adjustments required to enable successful access by persons with disability.

Group based training/ skills development in daily personal activities

Training for the participant to increase their independence in personal care.

Group social skills development

Social skills development in a group.

Individual social skills development

Social skills development with an individual.

Individual life and personal skills development

Individual training/ skills in general life skills to increase independence.

Training in Auslan and other communication techniques

Training in the use of Auslan and other communication techniques.

Assistance in the form of training for carers

Training for carers in matters related to caring for a person with disability.

Training in planning and plan management

Training in planning and plan management for participants unable to do this independently but who could do all or part of the task with training.

Assistance in the form of parenting training relating to disability

Provision of parenting training specifically targeted to parents of children with disabilities with a focus to assist them in their parenting role; assistance to children with disability in the form of parenting training.

3.         Assistive equipment for general tasks and leisure, including assistive technology specialist assessment, set up and training

Assessment and training using assistive products for orientation

Selection and training on mobility equipment for people with vision impairment.

Assessment, set up,  training using transfer equipment

Use of hoists etc. by people with disability and their carers.

Selection and configuration of orthotics

Provision of orthotics for the arms, hands, legs, feet or body for people with a physical impairment.

Selection and configuration of prosthetics

Provision of prosthetic arms, hands, legs and feet for people with amputation or limb loss.

Selection,  configuration or training for ambulant mobility equipment

Provision and training in the use of walking aids for people with disability.

Selection,  configuration or training for wheeled mobility equipment

Provision and training in the use of wheelchairs, specialised strollers and mobility scooters for people with disability.

Fitting of hearing aids – binaural or monaural

Fitting of hearing aids to one or both ears.

Setting up of communication equipment (including items related to seeing, hearing, speaking and written word)

Assessment, selection, training on equipment for people with vision, hearing or communication impairments.

Electronic personal organisers and alarms

Electronic personal organisers and alarms set up to enable a person with disability to organise, plan and maintain a schedule when unable to do so by standard means due to their disability.

Specialised seating and chairs

Chairs which have been specially adapted to enable people with disability to sit.

4.         Behavioural support and therapeutic supports

Physiotherapy in a group (if provided to a resident of a residential care facility)

Delivery of physiotherapy support in a group setting to develop or relearn postural and movement skills and functional movement patterns, seating and mobility support, positioning and movement in daily activities; and/or exercise and advice on physical activity. The service must be provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Physiotherapy with an individual (if provided to a resident of a residential care facility)

Development of plan and/or delivery of physiotherapy to support the development or relearning of postural and movement skills and functional movement patterns; seating and mobility support; positioning and movement in daily activities; and/or exercise and advice on physical activity. The service must be provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Audiology communication training (if provided to a resident of a residential care facility)

Training for persons with hearing impairments conducted by an audiologist, if provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Counselling as part of a group

Facilitating self-knowledge, emotional acceptance and growth and the optimal development of personal resources through a group session. Assisting participants to gain their personal goals and gain greater insight into their lives.

Counselling for an individual

Facilitating self-knowledge, emotional acceptance and growth and the optimal development of personal resources on a one to one basis. Assist participants to gain their personal goals and gain greater insight into their lives.

Group multidisciplinary approaches (if provided to a resident of a residential care facility)

Provision of interventions by more than one professional in a group session towards the participants agreed goals, if provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Individual multidisciplinary approaches (if provided to a resident of a residential care facility)

Provision of interventions by more than one professional in a session towards the participant’s agreed goals, if provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Occupational Therapy in a group (if provided to a resident of a residential care facility)

Provision of occupational therapy in a group setting to assist the person with  the activities of daily living focussing on meaningful activities or occupations of everyday life to support positive changes in the person's  functioning, development and well-being.  This can also involve identifying and addressing factors influencing daily living such as environmental barriers, sensory differences, safety and functioning positioning. The service must be provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Occupational Therapy with an individual (if provided to a resident of a residential care facility)

Development of a plan or provision of individual occupational therapy to assist the person with  the activities of daily living focussing on meaningful activities or occupations of everyday life to support positive changes in the person's  functioning, development and well-being.  This can also involve identifying and addressing factors influencing daily living such as environmental barriers, sensory differences, safety and functioning positioning. The service must be provided to a resident of a residential care facility. Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Orthoptic standard consultation and treatment (if provided to a resident of a residential care facility)

Evaluation and treatment of disorders of the eye musculature, if provided to a resident of a residential care facility.

Podiatry  (if  provided to a resident of a residential care facility)

Assessment, selection, of adapted footwear or therapy related to foot, ankle and leg impairments, if provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Psychology in a group

Contributing to the understanding of a person's behaviour and to the design of person specific strategies to assist a person to achieve their personal goals through a group program.

Psychology with an individual

Contributing to the understanding of a person's behaviour and to the design of person specific strategies to assist a person to achieve their personal goals. Therapeutic support for psychological, emotional or behavioural disorders including cognitive therapy, life skills development, social skills development.

Remedial Massage (if provided in a residential care facility)

Remedial massage, if provided to a resident of a residential care facility.

Social Work in a group or with an individual

Provision of social work to empower participants and improve interactions between participants and their social networks and assist them to engage effectively in the broader community through a group approach.  These can include assisting participants to achieve their personal goals, gain greater insight into their lives and making choices and informed decisions across their life domains.

Speech and Language Pathology in a group or with an individual (if provided to a resident of a residential care facility)

Provision of speech and language pathology support to optimise the participant's ability to understand information, express thoughts and needs and communicate with others; enhancing the environment to support to ensure safe and effective mealtime support for participants who have difficulty with feeding and swallowing; developing skills of communication partners to support participant with complex communication support needs to communicate effectively.  The service must be provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Therapeutic program delivered by therapy assistant (if provided to a resident of a residential care facility)

Implementation of a therapeutic intervention that was planned by a professional therapist and is delivered by a therapy assistant under the direction of the therapist, if provided to a resident of a residential care facility.

Some services may be GST-free, including for individuals who do not reside in a residential care facility, under section 38-10 of the GST Act (about other health services).

Behaviour support/ management plan

Development of a planned approach to facilitating and promoting strategies to create better lives for people to limit the likelihood of behaviours of concern developing or increasing.  Assisting the participants and others who support them to identify why the participant is engaging in behaviour of concern or harmful to them or others and designing person specific positive behaviour support strategies for implementation by carers and support workers.

Group therapy, family group therapy

Interventions in relation to psychosocial or relational issues required due the person’s disability.

Intensive behavioural intervention support

Development of highly specialised intensive behavioural support interventions to address significant harmful or persistent behaviours of concern. Development of behavioural support plans that include restrictive practices with the intention to minimise or reduce the use of these practices.

Assistance in the form of training for carers and others in behaviour management strategies

Training for carers and others in behaviour management strategies required due to the person’s disability.

5.         Home modifications

Environmental control unit and structural changes

Installation of software, equipment and automated locks, door openers etc. to enable a person with disability to access the home via voice or adapted switch.

Kitchen modifications

Modifications to a kitchen to enable a person with disability to access and use it.

Minor modifications (i.e. small step ramps,  grab rails and kitchen adaptations)

Smaller modifications to aspects of a home to allow or improve access by a person with disability.

Modifications to other areas of the home (i.e. bathroom, laundry, bedroom etc)

Modifications to a bathroom, laundry, bedroom etc. to enable a person with disability to access and use it.

Ramps for access

Provision of ramps for people with walking impairments or for people who use wheeled mobility aids.

Home modifications project manager or building certifier

Project manager or building certifier employed to ensure compliance with modifications plans to allow home access by persons with disability.

Builder for home modifications

Builder employed to implement modifications to allow home access by person with disability.


Statement of Compatibility

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

This Determination is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

Supplies of various disability supports are GST-free under provisions in Subdivision 38-B of the A New Tax System (Goods and Services Tax) Act 1999 (the GST Act) if the supplier receives government funding for the supplies. 

However, under the National Disability Insurance Scheme (the scheme), government funding for some of these disability support types is not provided to the suppliers. Instead, the scheme funding is provided to the participant (that is, the person with a disability) or another person managing the funding for the participant.

The GST Act ensures that certain supplies to a participant are GST-free if the supply is of a kind determined by the Disability Services Minister and the supply meets the other conditions in section 38-38 of the GST Act. Broadly, section 38-38 also requires that the supply is of one or more reasonable and necessary supports specified in the participant’s plan and that it meets certain substantiation requirements.

This Determination specifies 14 kinds of supplies of supports that are GST‑free if the supply meets the other conditions in section 38-38 of the GST Act.

Human rights implications

This Determination engages the right to social security.

Article 9 of the International Covenant on Economic, Social and Cultural Rights recognises the right to social security for all persons while Article 28 of the Convention on the Rights of Persons with Disabilities requires countries to recognise the right of people with disabilities to social protection and to take appropriate steps to ensure access by people with disabilities to social protection and poverty reduction programs and to retirement benefits and programs.

The Determination gives effect to the framework established in the GST Act, ensuring that the supply to a participant of a reasonable and necessary support of a kind listed in the Determination, as specified in the participant’s plan, can be GST‑free.

The Determination promotes the right to social security by ensuring that supplies of these kinds of supports are not taxed.

Conclusion

The Determination is compatible with human rights as it promotes the right to social security.