The NDIS 90-day claiming rule: what changes on 1 December 2026

Of all the changes in the new NDIS laws, this is the one every participant, family and support coordinator should know about. It's practical, it's close, and a few simple habits make it easy to manage.

What is the NDIS 90-day claiming rule?

The National Disability Insurance Scheme Amendment (Securing the NDIS for Future Generations) Act 2026 became law on 20 August 2026. One of its changes shortens the time to make a claim for supports in your plan.

From 1 December 2026, the time to make a claim is reduced from 2 years to 90 days after the support is delivered. The two-year limit itself only started on 3 October 2024, so this is a big tightening in a short time.

The clock starts on the day the support is provided, not the day an invoice is written or emailed.

Who has to make the claim, and does it apply to me?

It applies to everyone, however your plan is managed. The NDIS Act says the claim is made by whoever manages the funding for that support:

• Plan-managed: your plan manager makes the claim after your provider sends the invoice.
• Self-managed: you (or your nominee) make the claim.
• NDIA-managed: your registered provider claims directly from the NDIA.

For plan-managed participants, the most common delay isn't the claim itself. It's the time before the invoice reaches your plan manager. A provider who invoices quarterly, or an invoice that sits in an inbox, can eat up a lot of those 90 days.

What has already changed since 15 October 2026?

The NDIA announced on 5 October 2026 that, from 15 October 2026, it does extra checks on claims submitted more than 90 days after a support is delivered. Those claims:

• may be held for up to 28 days while the checks are done
• may need more information or evidence before they're paid
• will come with a reason if they're rejected.

Claims made within 90 days go through the usual process. So the 90-day mark matters already, even before the legal limit starts in December.

What happens if a claim is late?

Under the NDIS Act, the NDIA can accept a claim made after the time limit if it's satisfied that exceptional circumstances justify the delay and the claim was made within a reasonable time given those circumstances. The law doesn't list what counts as exceptional, so it's best not to rely on it.

One point that isn't yet clear in the official information: exactly how the 90-day limit treats supports delivered before 1 December 2026. Until the NDIA publishes more detail, the safest approach is simple: get any older invoices in now, rather than waiting.

What about keeping records?

Section 45B of the NDIS Act sets how long claim records are kept, for claims made on or after 27 August 2026. The period starts on the day the claim is made. It covers records of a kind the NDIS rules prescribe, and those rules can set a shorter period.

• 7 years for an NDIS provider. A registered plan manager is an NDIS provider, so this is the period for claims the plan manager makes.
• 3 years for a participant who makes the claim.
• 5 years for another person who makes the claim, such as a nominee.

The 3-year period is the participant's own period. It is not the period for a plan manager. You may need to repay funding if you can't show it was used correctly.

If you're self-managing, keep invoices and receipts somewhere safe and easy to find. If you're plan-managed, your plan manager keeps the records for the claims they make. It's still worth keeping your own copies of service agreements and anything you've signed.

What this means for you

A few small habits will cover most situations:

1. Ask your providers to invoice promptly. Weekly or fortnightly is ideal. Make it part of your service agreement if you can.
2. Check invoices have the essentials. Your name and NDIS number, the date(s) of support, the support item number, the quantity, price and total. Missing details cause back-and-forth, and back-and-forth costs days.
3. Chase stragglers now. If you know a provider hasn't billed for supports from a few months ago, ask them to send those invoices before 1 December.
4. Self-managing? Pay and claim as you go, and keep your receipts. The NDIA notes timely claiming means you're paid back faster.
5. Support coordinators: a quick reminder to providers at plan implementation, especially newer or smaller providers, can save participants a lot of stress later.
6. Keep your own records. A simple folder (paper or digital) for agreements, invoices and statements goes a long way.

If you're plan-managed, the most helpful thing you can do is encourage your providers to send their invoices to your plan manager quickly, so there's plenty of time to process and claim them.