Common use of Overspends Clause in Contracts

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. 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 ActXxxxxxxx Xxx, 20140000. 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. 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 ICBCCG. 2.3 With regards to Schedule 1D (Hospital Discharge Arrangements), the Partners agree to manage their own risks and benefits associated with the Scheme. Where costs arise as a result of delays in CHC or Care Act assessments being undertaken then the provisions of Clause 3.13 of Schedule 1D will apply. 2.4 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 2.4.1 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 2.4.2 Increased demand not attributed to therapy needs identified as part of the EHCP: ICP HCCG would manage this risk in accordance with its processes for approving non- budgeted financial pressures. 2.5 The Partners will inform the Partnership Board in accordance with Clause 8 of the Agreement where the remedial actions to address any overspend may impact on one or more of the Individual Schemes set out in Schedule 1. 2.6 The Partnership Board will use its best endeavours to preserve the integrity of Individual Schemes. 2.7 Where remedial action is proposed to address over performance that may jeopardise the integrity of an Individual Scheme, a report shall be provided to the Health and Wellbeing Board before any such action is implemented.

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 The Partners through will inform 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 Partnership Board in accordance with its duties under Clause 8 of the Children and Families Act, 2014Agreement where the remedial actions to address any overspend may impact on one or more of the Individual Schemes set out in Schedule 1. 2.3.2 Increased demand not attributed 2.4 The Partnership Board will use its best endeavours to therapy needs identified as part preserve the integrity of Individual Schemes. 2.5 Where remedial action is proposed to address over performance that may jeopardise the EHCP: ICP would manage this risk in accordance with its processes for approving non- budgeted financial pressuresintegrity of an Individual Scheme, a report shall be provided to the Health and Wellbeing Board before any such action is implemented.