Common use of OVERSPENDS AND UNDERSPENDS Clause in Contracts

OVERSPENDS AND UNDERSPENDS. 10.1 The NHS Body shall use its best endeavours to arrange for the discharge of the Authority Health and Social Care Related Functions and provision of the Services within the Authority’s Financial Contribution available in each Financial Year. 10.2 The NHS Body shall make the Authority aware of any potential overspend as soon as it becomes aware of this possibility. The NHS Body will highlight reasons for the overspend, both current and projected, and take immediate action to bring the Authority’s Financial Contributions back to balance. 10.3 If having taken action to address the cause of the overspend, the NHS Body deems that it is not possible to address it from with the Authority’s Financial Contribution without significant risk to service users/carers/outcomes, the Authority will work with the NHS Body to determine whether alternative action can be taken or whether resources can be from other parts of the Section 75 Agreement. If the Head of Service (MH Commissioning) finds that there is significant risk to service users/carers/outcomes/the discharge of the Authority’s statutory responsibilities which can only be addressed with additional funding, the Head of Service (MH Commissioning) will agree to additional investment. 10.4 The NHS Body shall make the Authority aware of any potential underspend in relation to the Authority’s Financial Contribution, prior to the end of the Financial Year. The NHS Body shall highlight reasons for the underspend and identify any part of that underspend which is already contractually committed. 10.5 The benefit of any underspend at the end of the Financial Year or on termination or expiry of this Agreement (whichever is appropriate) shall be returned to the Authority. 10.6 The Parties acknowledge and agree that Services provided pursuant to section 117 MHA 1983 are funded jointly by the “Clinical Commissioning Group” and the Authority, and the Parties further acknowledge and agree that, in the event that a Service User, who is eligible to receive Services pursuant to section 117 MHA 1983, has had to pay for those Services themselves, such costs will be refunded to that Service User jointly by the Authority and CPFT on a 50:50 basis

OVERSPENDS AND UNDERSPENDS. 10.1 The NHS Body 6.1 Dorset shall use its best all reasonable endeavours to arrange for the discharge of the Authority Health and Social Care Related Functions and provision of in the Services Areas within the Authority’s Financial Contribution Contributions available in each Financial Year. 10.2 The NHS Body 6.2 Dorset shall use a l l r e a s o n a b l e endeavours to manage any in-year overspends within its commissioning arrangements for the Functions. 6.3 Dorset by notice from its Section 151 Officer to the B C P Section 151 Officer shall make the Authority them aware of any potential overspend as soon as it becomes aware of this possibility. The NHS Body Dorset will highlight reasons for the overspend, both current and projected, and take immediate make recommendations for action to bring the Authority’s Financial Contributions Pooled Fund back to balance. 10.3 If having taken action to address 6.4 If, at the cause end of the overspendFinancial Year or on termination or expiry of the Arrangements, it becomes apparent that there has been an overspend of the Pooled Fund, the NHS Body deems that it is not possible Parties shall meet the overspend proportionately to address it from with the Authority’s their respective Financial Contribution without significant risk to service users/carers/outcomes, the Authority will work with the NHS Body to determine whether alternative action can be taken or whether resources can be from other parts of the Section 75 Agreement. If the Head of Service (MH Commissioning) finds that there is significant risk to service users/carers/outcomes/the discharge of the Authority’s statutory responsibilities which can only be addressed with additional funding, the Head of Service (MH Commissioning) will agree to additional investmentContributions and BCP shall indemnify Dorset accordingly. 10.4 The NHS Body 6.5 Dorset shall make the Authority BCP aware of any potential underspend in relation to the Authority’s Financial Contribution, Contributions prior to the end of the Financial Year. The NHS Body Dorset shall highlight reasons for the underspend and identify any part of that underspend which is already contractually committed. 10.5 The 6.6 To the extent that the Parties are not required to return any underspend to the Department of Health, and in recognition of national grant conditions that determine how public health grant is intended to be used and the Parties acknowledging and agreeing to act in good faith at all times with respect to this Agreement, the benefit of any net underspend at the end of the Financial Year or on termination or expiry of this Agreement the Arrangements shall: (whichever is appropriatea) if the Parties agree, be applied to the Functions, as the Joint Public Health Board shall determine; or (b) if the Parties agree, be deducted proportionately from the Parties' Financial Contributions for the following Financial Year; or (c) if the Parties cannot agree, be returned to the AuthorityParties in proportion to their Financial Contributions for the Financial Year. 10.6 The Parties acknowledge and agree that Services provided pursuant to section 117 MHA 1983 are funded jointly by the “Clinical Commissioning Group” and the Authority, and the Parties further acknowledge and agree that, in 6.7 In the event that there is a Service Userneed for Dorset to make redundancies from amongst the Public Health staff in order to remain within the P o o l e d F u n d budget then Dorset shall consult with B C P and use a l l r e a s o n a b l e endeavours to minimise the need for any redundancy or other cost falling upon the Parties. If there is a need for redundancies to be made then, who is eligible to receive Services pursuant to section 117 MHA 1983consistent with clause 6.4 and the treatment of overspends, has had to pay for those Services themselves, such costs will be refunded to that Service User jointly shared by the Authority Parties proportionately to their respective financial contributions and CPFT on a 50:50 basisBCP shall indemnify Dorset accordingly.

OVERSPENDS AND UNDERSPENDS. 10.1 The NHS Body Authority shall use its best all reasonable endeavours to arrange for the discharge of the Authority Health and Social Care Health-Related Functions and provision of the Services NHS Functions within the Authority’s Financial Contribution Contributions available in each Financial Year. 10.2 The NHS Body Authority shall endeavour to manage any in-year overspends within its commissioning arrangements for the Services. 10.3 The Authority shall make the Authority NHS bodies aware of any potential overspend as soon as it becomes aware of this possibility. The NHS Body Authority will highlight reasons for the overspend, both current and projected, and take immediate make recommendations for action to bring the Authority’s relevant Financial Contributions back to balance. 10.3 If having taken action to address 10.4 If, at the cause end of the overspendFinancial Year or on termination or expiry of this Agreement, it becomes apparent that there has been an overspend of either Partner's Financial Contribution for Pooled Funds, the NHS Body deems that it is not possible Partners shall meet the overspend proportionately to address it from with the Authority’s their respective Financial Contribution without significant risk to service users/carers/outcomes, the Authority will work with the NHS Body to determine whether alternative action can be taken or whether resources can be from other parts of the Section 75 Agreement. If the Head of Service (MH Commissioning) finds that there is significant risk to service users/carers/outcomes/the discharge of the Authority’s statutory responsibilities which can only be addressed with additional funding, the Head of Service (MH Commissioning) will agree to additional investmentContributions. 10.4 10.5 The NHS Body Authority shall make the Authority NHS bodies aware of any potential underspend in relation to the Authority’s Financial ContributionContributions, prior to the end of the Financial Year. The NHS Body Authority shall highlight reasons for the underspend theunderspend and identify any part of that underspend which is already contractually committed. 10.5 . The benefit application of any underspend of the Pooled Funds at the end of the Financial Year or on termination or expiry of this Agreement (whichever is appropriate) shall be decided by the Joint Commissioning Co-ordinating Group; if the Partners cannot agree, be returned to the AuthorityPartners in proportion to their Financial Contribution for the Financial Year. 10.6 The Parties acknowledge and agree that Services provided pursuant to section 117 MHA 1983 are funded jointly by the “Clinical Commissioning Group” and the Authority, and the Parties further acknowledge and agree that, in the event that a Service User, who is eligible to receive Services pursuant to section 117 MHA 1983, has had to pay for those Services themselves, such costs will be refunded to that Service User jointly by the Authority and CPFT on a 50:50 basis

OVERSPENDS AND UNDERSPENDS. 10.1 9.1 The NHS Body Authority shall use its best all reasonable endeavours to arrange for the discharge of the Authority Health and Social Care Related Functions and provision of the Services NHS Functions within the Authority’s Financial Contribution Contributions available in each Financial Year. 10.2 9.2 The NHS Body Authority shall endeavour to manage any in-year overspends within its commissioning arrangements for the Services. 9.3 The Authority shall make the Authority ICB aware of any potential overspend as soon as it becomes aware of this possibilitypossibility and inform the Authority on a monthly basis of the projected outturn effect. The NHS Body Pooled Fund manager will highlight reasons for the overspend, both current and projected, and take immediate make recommendations for action to bring the Authority’s relevant Financial Contributions back to balance. 10.3 If having taken action to address the cause of the overspend9.4 If, the NHS Body deems that it is not possible to address it from with the Authority’s Financial Contribution without significant risk to service users/carers/outcomes, the Authority will work with the NHS Body to determine whether alternative action can be taken or whether resources can be from other parts of the Section 75 Agreement. If the Head of Service (MH Commissioning) finds that there is significant risk to service users/carers/outcomes/the discharge of the Authority’s statutory responsibilities which can only be addressed with additional funding, the Head of Service (MH Commissioning) will agree to additional investment. 10.4 The NHS Body shall make the Authority aware of any potential underspend in relation to the Authority’s Financial Contribution, prior to at the end of the Financial Year or on termination or expiry of this Agreement, it becomes apparent that there has been an overspend of either or both Partners’ Financial Contribution for: (a) Pooled Funds, the Partners shall meet the overspend proportionately to their respective financial contribution to the pooled fund; AND (b) Non-Pooled Funds for Authority Related Functions, the Authority shall fund overspends (e.g. education); AND (c) Non-Pooled funds for NHS related functions (e.g. wheelchairs) the ICB will fund overspends. 9.5 The Authority shall make the ICB aware of any projected underspend in relation to Financial Contributions, on a monthly basis throughout the Financial Year. The NHS Body Authority shall highlight reasons for the underspend and identify any part of that underspend which is already contractually committed. 10.5 The benefit of any underspend 9.6 If, at the end of the Financial Year or on termination or expiry of this Agreement Agreement, it becomes apparent that there has been an underspend of either or both Partners’ Financial Contribution for: (whichever is appropriatea) Pooled Funds, the underspend shall be returned to the Authority.partners proportionately to their respective financial contribution to the pooled fund; AND 10.6 The Parties acknowledge and agree that Services provided pursuant to section 117 MHA 1983 are funded jointly by (b) Non-Pooled Funds for Authority Related Functions, the “Clinical Commissioning Group” and the Authority, and the Parties further acknowledge and agree that, in the event that a Service User, who is eligible to receive Services pursuant to section 117 MHA 1983, has had to pay for those Services themselves, such costs will underspends shall be refunded to that Service User jointly retained by the Authority (e.g. education); AND (c) Non-Pooled funds for NHS related functions (e.g. wheelchairs and CPFT on a 50:50 basisadmin costs) the underspends shall be retained by the NHS Body.