Common use of Proof of Funding Clause in Contracts

Proof of Funding. Prior to admission, and as a condition of residency, the Resident or their Representative must be able to demonstrate that they have the capability to fund at least 2 years’ Fees at the current rate from liquid funds i.e. without the need to dispose of property or other assets. This could be evidenced by bank statements, investment statements or confirmation from an accountant or lawyer. The Home will only accept state funded Residents to the Home if the Local Authority funding is, in the Home’s view, at an acceptable level. Interest on Late Payments Any amount not paid to the Home on its due date will bear interest from the due date to the date of actual payment at a rate equal to 4% above the base rate set by the Bank of England. Rights of Residency Whilst we will always endeavour not to move a Resident to a different room than agreed at admission, it may be necessary if, for example, their needs change and another room is more suitable to meet this change in need or some maintenance or decorating works need to be carried out. Residency in the Home does not constitute an assured tenancy under the Housing Act 1988 and does not create or infer any right to security of tenure. The Resident will only ever occupy a room as a licensee. The Home may also relocate a Resident at any time in order to allow it to deliver effective and efficient care services in line with the assessed needs of the Resident. Any such room transfer would only take place after discussion with the Resident, their family or their Representative, where such discussion is practical. If such a move is unacceptable to the Resident, the Resident has the right to terminate this Agreement in line with the normal contractual notice period. The Resident recognises by entering into this agreement that the Home shall have, and needs, full, free and unrestricted access to the room in order to provide the services referred to in this agreement. Insurance / Personal Items The Resident agrees to be responsible for insuring the full replacement value of their personal belongings. This includes (but is not limited to) jewelry, hearing aids, electrical equipment and glasses and the details of any items with a value in excess of £1,000 must be notified to the Home Manager in writing on the resident’s admission to the Home. Whilst the Home seeks to provide a secure environment it shall not in any way be responsible for cash, credit cards, cheques, certificates, bonds, deeds, documents or personal effects of the Resident unless the Home has been negligent, fraudulent or breached this agreement in respect of the Resident’s belongings. Such items as furniture and other items, as notified and agreed by the Home Manager, may be brought into the Home for the use of the Resident on the condition that such items must not constitute a fire hazard, health and safety risk, nor disturb the peaceful enjoyment of the Home by other Residents and staff. All electrical items will be XXX tested by the Home’s authorised service personnel on an annual basis, at the cost of the Home. If such items fail the test they must not be used. Use of such items may be delayed upon admission until PAT testing can be carried out. Should you require insurance for specific items please ensure suitable arrangements are made. Delivery and removal of such items shall be at the cost of the Resident or their Representative. Laundry All items of clothing brought into the Home should be machine washable, and suitable for tumble drying where possible. Dry cleaning of any items will be at the cost of the Resident or their Representative, and the Resident or their Representative will make the arrangements. The Home agrees to provide a laundry service for Resident clothing, providing it is machine washable. The Home shall not be held responsible for items of clothing damaged in the normal process of laundering, unless it has been negligent. Resident’s (except for Respite Residents) clothes will be labelled by the staff at the Home in order to minimise the risk of clothes becoming lost property. Respite Residents attending the Home will need to bring labelled clothing into the Home. When family or friends bring in clothing gifts for the Resident, or the Resident purchases new clothing themselves, the team at the Home must be made aware so that the new items can be labelled straight away. Gifts and the signing of Legal Documents Staff are not permitted to accept gifts individually from Residents or to sign as a witness any legal documentation which relates to a Resident. Where gifts are given by the Resident to the Home or the Home’s employees or staff on a group basis, this should be handed to the Home Manager and the item will be logged in the Gifts Register. Staff and volunteers are not permitted to act as witness, executor, trustee or attorney to a Resident’s will (or any other document which might be construed as a will), or to witness any legal documents concerning a Resident’s personal or financial arrangement, for example, Lasting Power of Attorney or Advanced Directives. Staff and volunteers are also not permitted to offer any advice or assistance to a Resident or their representative in connection with their Will or other legal matters. The Home may, if requested, use reasonable endeavours to identify professional advisors such as financial or legal advisors or medical practitioners to assist the Resident in their personal affairs. The Home will have no liability and will not be responsible for any advice or action taken by any such professional advisor unless due to any act of neglect or default on the part of the Home or its agents, or any employee of the Home. Use of Recording Devices The lawful use of cameras or other recording devices in Resident bedrooms is only permitted in exceptional circumstances and only, provided such use is authorised in writing by the Home Manager in order to notify the data controller to ensure all legal requirements are followed. Cameras sited for the purpose of covert monitoring cannot be used in areas which are reasonably expected to be private, for example toilets. Cameras or other recording devices must not record areas other than the relevant Resident’s bedroom, or be active whilst personal care is being provided. Permission will not be unreasonably withheld, although Oakland Care views this as a potential lack of trust in our ability to deliver safe and dignified care for our residents and would actively encourage people to talk to us about any concerns they have in order that we can work to resolve these. In the event that secret cameras are identified to be in use in a Residents room without the necessary permissions they will be deactivated until the correct permissions and protocols are in place. Policy on Smoking Smoking in the Home is only allowed in the designated areas, which are outside of the Home. This policy is to ensure the comfort and safety of all our Residents. Parking The Home offers limited onsite parking for visitors and Residents. Parking is at the owner’s risk and the Home can accept no responsibility for damage to vehicles parked at the Home.

Proof of Funding. Prior to admission, and as a condition of residency, the Resident or their Representative must be able to demonstrate that they have the capability to fund at least 2 years’ Fees at the current rate from liquid funds i.e. without the need to dispose of property or other assets. This could be evidenced by bank statements, investment statements or confirmation from an accountant or lawyer. The Home will only accept state funded Residents to the Home if the Local Authority funding is, in the Home’s view, at an acceptable level. Interest on Late Payments Any amount not paid to the Home on its due date will bear interest from the due date to the date of actual payment at a rate equal to 4% above the base rate set by the Bank of England. Rights of Residency Whilst we will always endeavour not to move a Resident to a different room than agreed at admission, it may be necessary if, for example, their needs change and another room is more suitable to meet this change in need or some maintenance or decorating works need to be carried out. Residency in the Home does not constitute an assured tenancy under the Housing Act 1988 and does not create or infer any right to security of tenure. The Resident will only ever occupy a room as a licensee. The Home may also relocate a Resident at any time in order to allow it to deliver effective and efficient care services in line with the assessed needs of the Resident. Any such room transfer would only take place after discussion with the Resident, their family or their Representative, where such discussion is practical. If such a move is unacceptable to the Resident, the Resident has the right to terminate this Agreement in line with the normal contractual notice period. The Resident recognises by entering into this agreement that the Home shall have, and needs, full, free and unrestricted access to the room in order to provide the services referred to in this agreement. Insurance / Personal Items The Resident agrees to be responsible for insuring the full replacement value of their personal belongings. This includes (but is not limited to) jewelryjewellery, hearing aids, electrical equipment and glasses and the details of any items with a value in excess of £1,000 must be notified to the Home Manager in writing on the resident’s admission to the Home. Whilst the Home seeks to provide a secure environment it shall not in any way be responsible for cash, credit cards, cheques, certificates, bonds, deeds, documents or personal effects of the Resident unless the Home has been negligent, fraudulent or breached this agreement in respect of the Resident’s belongings. Such items as furniture and other items, as notified and agreed by the Home Manager, may be brought into the Home for the use of the Resident on the condition that such items must not constitute a fire hazard, health and safety risk, nor disturb the peaceful enjoyment of the Home by other Residents and staff. All electrical items will be XXX tested by the Home’s authorised service personnel on an annual basis, at the cost of the Home. If such items fail the test they must not be used. Use of such items may be delayed upon admission until PAT testing can be carried out. Should you require insurance for specific items please ensure suitable arrangements are made. Delivery and removal of such items shall be at the cost of the Resident or their Representative. Laundry All items of clothing brought into the Home should be machine washable, and suitable for tumble drying where possible. Dry cleaning of any items will be at the cost of the Resident or their Representative, and the Resident or their Representative will make the arrangements. The Home agrees to provide a laundry service for Resident clothing, providing it is machine washable. The Home shall not be held responsible for items of clothing damaged in the normal process of laundering, unless it has been negligent. Resident’s (except for Respite Residents) clothes will be labelled by the staff at the Home in order to minimise the risk of clothes becoming lost property. Respite Residents attending the Home will need to bring labelled clothing into the Home. When family or friends bring in clothing gifts for the Resident, or the Resident purchases new clothing themselves, the team at the Home must be made aware so that the new items can be labelled straight away. Gifts and the signing of Legal Documents Staff are not permitted to accept gifts individually from Residents or to sign as a witness any legal documentation which relates to a Resident. Where gifts are given by the Resident to the Home or the Home’s employees or staff on a group basis, this should be handed to the Home Manager and the item will be logged in the Gifts Register. Staff and volunteers are not permitted to act as witness, executor, trustee or attorney to a Resident’s will (or any other document which might be construed as a will), or to witness any legal documents concerning a Resident’s personal or financial arrangement, for example, Lasting Power of Attorney or Advanced Directives. Staff and volunteers are also not permitted to offer any advice or assistance to a Resident or their representative in connection with their Will or other legal matters. The Home may, if requested, use reasonable endeavours to identify professional advisors such as financial or legal advisors or medical practitioners to assist the Resident in their personal affairs. The Home will have no liability and will not be responsible for any advice or action taken by any such professional advisor unless due to any act of neglect or default on the part of the Home or its agents, or any employee of the Home. Use of Recording Devices The lawful use of cameras or other recording devices in Resident bedrooms is only permitted in exceptional circumstances and only, provided such use is authorised in writing by the Home Manager in order to notify the data controller to ensure all legal requirements are followed. Cameras sited for the purpose of covert monitoring cannot be used in areas which are reasonably expected to be private, for example toilets. Cameras or other recording devices must not record areas other than the relevant Resident’s bedroom, or be active whilst personal care is being provided. Permission will not be unreasonably withheld, although Oakland Care views this as a potential lack of trust in our ability to deliver safe and dignified care for our residents and would actively encourage people to talk to us about any concerns they have in order that we can work to resolve these. In the event that secret cameras are identified to be in use in a Residents room without the necessary permissions they will be deactivated until the correct permissions and protocols are in place. Policy on Smoking Smoking in the Home is only allowed in the designated areas, which are outside of the Home. This policy is to ensure the comfort and safety of all our Residents. Parking The Home offers limited onsite parking for visitors and Residents. Parking is at the owner’s risk and the Home can accept no responsibility for damage to vehicles parked at the Home.