Overspends. The Chief Officer will deliver the outcomes within the total delegated resources and where there is a forecast overspend against an element of the operational budget, the Chief Officer, the Chief Finance and Resources Officer of the Integration Joint Board and the appropriate finance officers of the Council and Health Board must agree a recovery plan to balance the overspending budget, which recovery plan shall be subject to the approval of the Integration Joint Board. If the recovery is not successful, the Parties will consider making additional funds available on a basis to be agreed by the Parties and the Integration Joint Board, taking into account the nature and circumstances of the overspend. If the revised plan cannot be agreed by the Council and Health Board, or is not approved by the Integration Joint Board, mediation will require to take place in line with the dispute resolution arrangements set out in this Scheme.
Overspends. Whenever an overspend is projected in the Pooled and/or Non-Pooled Funds the Authorities shall agree how to manage the overspend and shall keep the position under review. The Authorities shall act in good faith and in a reasonable manner in agreeing the management of the overspend.
Overspends. 2.1 The Partners in their capacity as Lead Commissioners for the Service Contracts at the Commencement Date will be responsible for managing any overspends in those Service Contracts that may occur during the Term.
2.2 Liability for any overspends during the period of the Agreement for the Service described in Schedule 1B (Community Equipment Service) will be on the following basis:
2.2.1 Where an overspend is incurred because of budget maladministration, the liability for this will rest with the Council. Maladministration is defined as expenditure outside the terms of this Agreement and without proper authorisation.
2.2.2 Where over expenditure occurs as a result of failure of one or more of the Partners to abide by the terms of the Agreement, for example, through inappropriate prescribing practice, the relevant Partner shall bear full responsibility for that overspend.
2.2.3 Where overspends occur due to unforeseen circumstances that are not due to maladministration, or as a result of failure of one or more of the Partners to abide by the terms of this Agreement, or an action by one or more of the Partners which is prohibited or against the terms of this Agreement, liability will be with the Partner whose Prescribing Team incurred the overspend. For avoidance of doubt, for Social Care Teams this will be the Council and NHS Teams this will be the ICB.
2.3 In respect of Schedule 1E (Integrated Therapies for Children and Young People), where it is agreed by Partners through the BCF Core Officer Group that demand cannot be met within the contract value the following arrangements will apply:
2.3.1 Increased demand attributed to therapy needs identified as part of the EHCP: The Council would manage this risk in accordance with its duties under the Children and Families Act, 2014.
2.3.2 Increased demand not attributed to therapy needs identified as part of the EHCP: ICP would manage this risk in accordance with its processes for approving non- budgeted financial pressures.
Overspends. The Commissioning Contract will be a block contract with the Provider with Activity adjustment as necessary to ensure that there is no overspend on the Commissioned Services delivered by the Provider
Overspends. Where a public sector prison has entered into an SLA with a PCT to provide prisoner healthcare service, the prison will need to keep within the agreed allocation. It will not be able to enter into an overspend without agreement with the PCT, unless it is prepared to bear the projected cost itself. HMPS has directed that there is no facility for healthcare costs to be offset from the core prison operating budget. Thus actual expenditure must not exceed the yearly payment [from the PCT] unless, exceptionally, this had been authorised by the local Partnership Board. The Partnership Board must also be clear about the source and availability of additional funding before authorising any expenditure above the committed level.
Overspends. The Chief Officer will deliver the outcomes within the total delegated resources and where there is a forecast overspend against an element of the operational budget, the Chief Officer, the Chief Finance Officer of the Integration Joint Board and the appropriate finance officers of the Local Authority and Health Board must agree a recovery plan to balance the overspending budget, which recovery plan shall be subject to the approval of the Integration Joint Board. In the event that the recovery plan does not succeed, the Chief Officer, Chief Financial Officer of the Integration Joint Board will consider utilising Integration Joint Board reserves where available. The Parties may consider as a last resort making additional funds available, on a basis to be agreed taking into account the nature and circumstances of the overspend, with repayment in future years on the basis of the revised recovery plan agreed by the Local Authority and Health Board and Integration Joint Board. If the revised plan cannot be agreed by the Local Authority and Health Board, or is not approved by the Integration Joint Board, mediation will require to take place in line with the dispute resolution arrangements set out in this Scheme.
Overspends. 14.1 The Commissioners shall use a block contract with the preferred provider with activity adjustment as necessary to ensure that there is no overspend on the contracted Service delivered by the provider. Commissioners shall use all reasonable endeavours to ensure that the costs associated with the Collaborative Forum functions and contract management pursuant to the terms of this Agreement can be met from the Financial Contributions made to the budget for those purposes in each Financial Year and do not result in an overspend.
14.2 The Lead Commissioner on behalf of the Collaborative Forum will continually monitor expenditure from the budget and If it appears that an overspend is emerging, will notify the Collaborative Forum as part of the monthly financial reporting procedure and identify the reasons for this.
14.3 Upon receipt of notification from the Lead Commissioner pursuant to Paragraph 2.2, the Collaborative Forum shall, taking full and proper account of the potential liabilities of each Commissioner for such overspend will agree how to manage the emerging overspend, including arrangements for ameliorating and preventing this and keeping the position under review. These arrangements will be implemented by the Lead Commissioner. The Commissioners and the Provider shall act in good faith and in a reasonable manner in agreeing the management of the budget so as to prevent any overspend.
14.4 Without prejudice to the obligations of the Lead Commissioner and the Partners pursuant to this Agreement, where at the end of any Financial Year or upon termination of the Agreement there has been an overspend in respect of the budget, the Lead Commissioner having taken into account the reasons will secure the agreement of the Commissioners to make such payments to the joint resource fund as shall be required to meet the gap at a level that reflects the allocation levels in Schedule 4 and any local non risk share responsibility.
14.5 In the event that agreement cannot be reached in respect of any matters referred to in this Section, the Partners shall follow the dispute procedure.
Overspends. 21 The management of the financial overspends on each element of the Better Care Fund scheme are the responsibility of the organisation who is fixed with that responsibility in accordance with the Individual Scheme Agreement and will not be funded through the Better Care Fund, unless agreed by all the Partners following a recommendation from the Partnership Board. 22 The contingency fund (including transfers of underspends under paragraph 19) shall form part of the Corporate Section 75 Agreement and will be managed in accordance with paragraphs 23 to 26 below. 23 Not later than 30 May 2017, the Partnership Board shall meet to consider how to use any amount left in the contingency fund at 31 March 2017. The options available to the Partnership Board separately or in any combination shall be as set out in paragraphs 23.1 and 23.2 below and considered in that order of priority:-
Overspends. No service is expected to overspend its budget but in the event that an over 758 spend is predicted to arise the responsible partner should take whatever 759 mitigating action is practicable to minimise the impact on the budget.
