Common use of Continuity of Support Clause in Contracts

Continuity of Support. Definition and principles People with disability, their families and carers will be provided with continuity of support that will ensure that the support they receive once the NDIS is introduced will enable them to achieve similar outcomes to the outcomes they were aiming to achieve prior to the introduction of the NDIS. The Parties agree that continuity of support will apply for people resident in an area or part of a cohort that is transitioning to the NDIS if: they receive support but do not meet the NDIS access requirements set out in the State legislation, or are receiving supports that do not meet the definition of reasonable and necessary support in the State legislation; and the funding for this support is attributed to a program/service, that will cease when the NDIS in WA is introduced. The assistance provided to people through continuity of support will aim to support people to live as independently as possible by working with them to reduce their need for supports or to access supports from other systems, where appropriate. Where a person’s support needs are reduced through capacity building work, or are met by other service systems, the assistance through continuity of support will be phased out. The Parties agree that people with significant ongoing needs will be provided with assistance to prevent hardship where this would significantly undermine the person’s wellbeing, or social and economic participation. The types of assistance provided through continuity of support should be flexible because the assistance that best builds the person’s capacity to live independently may be different from the supports the person was previously accessing. The flexibility could, for example, include up-front investments that assist people to live more independently. If a person receiving continuity of support is under 65 years and has had a change in their circumstances and they may meet NDIS access/eligibility requirements, the person can make an access/eligibility1 request to the WA NDIS authority to become a participant at any time. Continuity of Support: People Aged 65 and Over and Indigenous People Aged 50 and Over The Parties agree that: administrative responsibility for people aged 65 and over currently receiving specialist disability services will transfer to the Commonwealth by the end of the Western Australian NDIS transition to full scheme period; and administrative responsibility for Indigenous people aged 50 and over currently receiving specialist disability services, and ineligible to participate in the NDIS will also transfer to the Commonwealth by the end of the NDIS transition to full scheme period in WA. The Parties agree that the Commonwealth will, in consultation with WA, determine the administrative arrangements for providing continuity of support for people aged 65 and over (Indigenous people aged 50-64) by 30 June 2018. In developing these arrangements, the Commonwealth and WA will confirm service delivery data. In WA, it is estimated that a total of 723 older people currently receiving specialist disability services will transfer to Commonwealth administration. It is acknowledged by the parties that the actual number may vary from this estimate by the time of transfer. However the Commonwealth agrees to transfer all eligible people on 1 July 2019. The Parties agree that detailed planning of this transfer will be developed following finalisation of this Agreement, as part of the administrative arrangements agreed between WA and the Commonwealth for the transition of older people not eligible for the NDIS. The participant estimate is the estimated number of existing participants in Western Australian-funded services that will require continuity of support arrangements and who are aged 65 and over (Indigenous people aged 50-64). If the actual number of people who require continuity of support arrangements and who are aged 65 and over (Indigenous people aged 50-64) exceeds the estimate, the Commonwealth may provide access to existing programmes on the same basis as other people with a need for support who are aged 65 and over (Indigenous people aged 50-64). The estimated cost to the Commonwealth of providing continuity of support for Older People currently in Western Australian specialist disability systems is outlined at Table 1. Table 1: Estimated Cost – Continuity of Support for Older People 2018-19 ($m) 2019-20 ($m) If the actual cost to the Commonwealth of providing continuity of support for eligible clients exceeds the estimates at Table 1 above, the Commonwealth may provide access to existing programmes on the same basis as other people with a need for support who are aged 65 and over (Indigenous people aged 50-64). Continuity of support: People aged under 65 and Indigenous people aged under 50 The parties agree that: the Commonwealth will be responsible for administration arrangements for providing continuity of support to people under the age of 65, and under the age of 50 for Indigenous people, in receipt of Commonwealth administered disability programs/services; and WA will be responsible for administration arrangements for providing continuity of support to people under the age of 65, and under the age of 50 for Indigenous people, in receipt of Western Australian administered disability programs/services.

Continuity of Support. Definition and principles Principles People with disability, their families and carers will be provided with continuity of support that will ensure that the support they receive once the NDIS is introduced will enable them to achieve similar outcomes to the outcomes they were aiming to achieve prior to the introduction of the NDIS. The Parties agree that continuity Continuity of support will apply for people resident in an area or part of a cohort that is transitioning to the NDIS if: they They currently receive support but do not meet the NDIS access requirements set out outlined in the State legislationNational Disability Insurance Scheme Xxx 0000 (the NDIS Act 2013), or are receiving supports that do not meet the definition of reasonable and necessary support supports in the State legislationXXXX Xxx 0000; and the funding for this support is attributed to a programprogramme/service, service that will cease when the NDIS in WA is introduced. The assistance provided to people through continuity of support will aim to support people to live as independently as possible by working with them to reduce their need for supports or to access supports from other systems, where appropriate. Where a person’s support needs are reduced through capacity building work, or are met by other service systems, the assistance through continuity of support will be phased out. The Parties agree that people with significant ongoing needs will be provided with assistance to prevent hardship where this would significantly undermine the person’s wellbeing, or social and economic participation. The types of assistance provided through continuity of support should be flexible because the assistance that best builds the person’s capacity to live independently may be different from the supports the person was previously accessingaccessing previously. The flexibility could, for example, include up-front investments that assist people to live more independently. If a person receiving continuity of support is under 65 years of age and has had a change in their circumstances and which means they may meet NDIS access/eligibility access requirements, the person can make an access/eligibility1 access request to the WA NDIS authority NDIA to become a participant at any time. Continuity of Support: People Aged 65 and Over and Indigenous People Aged 50 and Over The Parties agree that: administrative responsibility for people aged 65 and over currently receiving specialist disability services will transfer to the Commonwealth by Commonwealth, consistent with the end timeframes for transition of the Western Australian NDIS transition to full scheme periodNDIS-eligible participants in South Australia; and administrative responsibility for Indigenous people aged 50 and over currently receiving specialist disability services, and ineligible to participate in the NDIS NDIS, will also transfer to the Commonwealth by Commonwealth, consistent with the end timeframes for transition of the NDIS transition to full scheme period NDIS-eligible participants in WASouth Australia. The Parties agree that the Commonwealth will, in consultation with WASouth Australia, determine the administrative arrangements for providing continuity of support for people aged 65 and over (Indigenous people aged 50-6450 and over) referred to in clause 8 above by 30 June 2018March 2016. In developing these arrangements, the Commonwealth and WA South Australia will confirm current service delivery datadata including the number of in scope clients. The schedule to transfer administrative responsibility to the Commonwealth has been designed with consideration of an orderly approach in line with the transition of eligible participants from South Australian specialist disability services to the NDIS. In WASouth Australia, it is estimated that a total of 723 older 2,732 people currently receiving in receipt of specialist disability services will transfer to Commonwealth administrationthe Commonwealth. It is acknowledged by the parties The Parties agree that the actual number may vary transfer of this cohort in South Australia will be implemented will be implemented on a staged geographical basis in the following sequence: Barossa, Light and Lower North and the Local Government Areas (LGA) of Playford, Salisbury and Port Adelaide Enfield (East) will commence transition from this estimate by the time of transfer. However the Commonwealth agrees to transfer all eligible people on 1 July 20192017; The LGA of Tea Tree Gully, Limestone Coast and Xxxxxx and Mallee will commence transition from 1 October 2017; Fleurieu and Kangaroo Island, Southern Adelaide, Eyre and Western, Far North and Yorke and Mid North will commence transition from 1 January 2018; and Adelaide Hills, Eastern Adelaide and Western Adelaide will transition from 1 April 2018. The Parties agree that detailed planning of this transfer transfers will be developed following finalisation of this Agreement, as part of the administrative arrangements agreed between WA Operational Plan developed by South Australia, the Commonwealth and the Commonwealth NDIA for the transition of older people not NDIS-eligible for the NDISparticipants. The participant estimated quarterly transfer, based on transition arrangements in paragraph 12, above is outlined at Tables 1 below: Table 1: Estimated Transfer of Administrative Responsibility in 2017-18 2017-18 Q1 2017-18 Q2 2017-18 Q3 2017-18 Q4 Estimated number of participants to transition to Commonwealth Administration 473 327 1,023 909 Total cumulative transfer 473 800 1,823 2,732 The parties agree that the timetable for transferring low intensity/episodic clients to the Commonwealth will be reviewed by March 2016, with any changes to be reflected in revisions to this schedule. The estimate in Table 1 above is the estimated number of existing participants clients in Western South Australian-funded services that who will require continuity of support arrangements and who are aged 65 and over (Indigenous people aged 50-64)over. If the actual number of people who require continuity of support arrangements and who are aged 65 and over (Indigenous people aged 50-64) exceeds the estimateestimate outlined at Tables 1 above, the Commonwealth may will provide access to existing programmes on the same basis as other people with a need for support who are aged 65 and over (Indigenous people aged 50-64)over. The estimated cost to the Commonwealth of providing continuity of support for Older People people aged 65 and over, and Indigenous people aged 50 to 64, currently in Western South Australian specialist disability systems systems, is outlined at Table 12 below. Table 12: Estimated Cost – Continuity of Support for Older People 20182016-19 17 ($m) 20192017-20 18 ($m) Estimated cost of Continuity of Support for older people in South Australian specialist disability services $0.0 $27.7 Table 2 reflects the estimated cost of continuity of support for the people identified in paragraph 14 above. If the actual cost to the Commonwealth of providing continuity of support for eligible existing clients in state-funded services exceeds the estimates estimate outlined at Table 1 above, the Commonwealth may will provide access to existing programmes on the same basis as other people with a need for support who are aged 65 and over (Indigenous people aged 50-64)over. Continuity of supportSupport: People aged under 65 and Indigenous people aged under 50 years The parties agree that: the Commonwealth will be responsible for administration arrangements for providing continuity of support to people under the age of 65, and under the age of 50 for Indigenous people, in receipt of Commonwealth administered disability programs/services; and WA South Australia will be responsible for administration arrangements for providing continuity of support to people under the age of 65, and under the age of 50 for Indigenous people, in receipt of Western South Australian administered disability programs/services. Intergovernmental Payments Both parties agree that the intergovernmental payments currently provided by the Commonwealth to South Australia will be repaid to the Commonwealth based on the actual number of existing state specialist disability services clients who transferred to Commonwealth administrative arrangements in that year, consistent with funding arrangements outlined in Schedule B: Financial Contributions for Transition in South Australia. Intergovernmental payments include: the National Disability Specific Purpose Payment (NDSPP); the relevant portion of the National Partnership Agreement on Pay Equity for the Social and Community Services Sector (SACS NP); and Cross-billing arrangements for older people in specialist disability services aged over 65 and Indigenous People aged 50-64 who are ineligible for the NDIS, as set out in Schedule C: Cross Billing and Budget Neutrality Arrangements (Cross‑Billing).