Common use of NDIS Plan Clause in Contracts

NDIS Plan. (a) This clause 4.11 applies in any case where We determine or become aware, including through discussions with You, that Services being provided under (or with Funding provided under) a Funding Schedule are (or any part of them is) within the scope of a Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan. (b) Where this clause 4.11 applies: (i) You must ensure that You are, and continue to be at all times during the currency of the relevant Funding Schedule, a registered provider under the NDIS; (ii) You must ensure that, to the extent that the Services are (or any part of them is) within the scope of a particular Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan, the costs of delivering those Services are invoiced under the NDIS and not under this Service Agreement; and (iii) We may, without limiting any other right We may have, reduce the amount of one or more future instalments of the Funding under the relevant Funding Schedule in relation to the particular Service User(s) to reflect: A. the amount of Funding previously paid in relation to the Services that We determine to be, or to have been, within the scope of subclause 4.11(b)(ii); or B. future amounts that We determine will be available for the costs of those Services under any particular Service User’s NDIS Plan. (c) We will give You notice about the reduction of Funding under subclause 4.11(b)(iii) and, if We consider it appropriate, We may, by notice to You, issue to You a replacement Funding Schedule reflecting any ongoing adjustment of the Funding and, following receipt of that notice, the Service Agreement will be deemed automatically varied to include that replacement Funding Schedule in substitution for the previous Funding Schedule concerned.

Appears in 3 contracts

Samples: Service Agreement, Service Agreement, Service Agreement

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NDIS Plan. (a) This clause 4.11 4.13 applies in any case where We determine or become aware, including through discussions with You, that Services being provided under (or with Funding provided under) a Funding Schedule are (or any part of them is) within the scope of a Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan. (b) Where this clause 4.11 4.13 applies: (i) You must ensure that You are, and continue to be at all times during the currency of the relevant Funding Schedule, a registered provider under the NDIS; (ii) You must ensure that, to the extent that the Services are (or any part of them is) within the scope of a particular Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan, the costs of delivering those Services are invoiced under the NDIS and not under this Service Agreement; and (iii) We may, without limiting any other right We may have, reduce the amount of one or more future instalments of the Funding under the relevant Funding Schedule in relation to the particular Service User(s) to reflect: A. the amount of Funding previously paid in relation to the Services that We determine to be, or to have been, within the scope of subclause 4.11(b)(ii); or B. future amounts that We determine will be available for the costs of those Services under any particular Service User’s NDIS Plan. (c) We will give You notice about the reduction of Funding under subclause 4.11(b)(iii) and, if We consider it appropriate, We may, by notice to You, issue to You a replacement Funding Schedule reflecting any ongoing adjustment of the Funding and, following receipt of that notice, the Service Agreement will be deemed automatically varied to include that replacement Funding Schedule in substitution for the previous Funding Schedule concerned.

Appears in 1 contract

Samples: Service Agreement

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NDIS Plan. (a) This clause 4.11 4.13 applies in any case where We determine or become aware, including through discussions with You, that Services being provided under (or with Funding provided under) a Funding Schedule are (or any part of them is) within the scope of a Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan. (b) . Where this clause 4.11 4.13 applies: (i) : You must ensure that You are, and continue to be at all times during the currency of the relevant Funding Schedule, a registered provider under the NDIS; (ii) ; You must ensure that, to the extent that the Services are (or any part of them is) within the scope of a particular Service User’s NDIS Plan and eligible to be provided or funded under that Service User’s NDIS Plan, the costs of delivering those Services are invoiced under the NDIS and not under this Service Agreement; and (iii) and We may, without limiting any other right We may have, reduce the amount of one or more future instalments of the Funding under the relevant Funding Schedule in relation to the particular Service User(s) to reflect: A. : the amount of Funding previously paid in relation to the Services that We determine to be, or to have been, within the scope of subclause 4.11(b)(ii); or B. or future amounts that We determine will be available for the costs of those Services under any particular Service User’s NDIS Plan. (c) . We will give You notice about the reduction of Funding under subclause 4.11(b)(iii) and, if We consider it appropriate, We may, by notice to You, issue to You a replacement Funding Schedule reflecting any ongoing adjustment of the Funding and, following receipt of that notice, the Service Agreement will be deemed automatically varied to include that replacement Funding Schedule in substitution for the previous Funding Schedule concerned.

Appears in 1 contract

Samples: Service Agreement

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