NDIS Transition. (a) If, at any time, We determine, at Our discretion, that any of the Services under a Funding Schedule are no longer required because of the implementation of NDIS Arrangements, We may, by giving You notice, do any one or more of the following: (i) immediately stop the Funding or relevant part of the Funding relating to those Services; (ii) require You to repay any unspent part of that Funding to Us within the period stated in the notice, which will be not less than 20 Business Days. That amount will be a debt due and owing to Us by You; and (iii) reduce the amount of one or more future instalments of the Funding, whether in relation to a particular Service User or otherwise, to reflect any Funding already paid in relation to Services that We consider to fall within the scope of, or to have (or ought to have) transitioned to, the NDIS Arrangements. (b) If, under clause 4.10(a): (i) some, but not all, of the Funding under a Funding Schedule is stopped, or the amount of any future instalment is to be reduced, Our notice to You will specify the reduced amount of the Funding and, if relevant, the reduced amount of any future instalment(s) and the changed scope of the Services (if any) and the Service Agreement will be deemed varied in accordance with the notice; or (ii) all of the Funding under the Funding Schedule is stopped, the Funding Schedule will automatically terminate and the provisions in clauses 13.3(a) and 13.3(c) of the Standard Terms will apply.
Appears in 4 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
NDIS Transition. (a) If, at any time, We determine, at Our discretion, that any of the Services under a Funding Schedule are no longer required because of the implementation of NDIS Arrangements, We may, by giving You notice, do any one or more of the following:
(i) immediately stop the Funding or relevant part of the Funding relating to those Services;
(ii) require You to repay any unspent part of that Funding to Us within the period stated in the notice, which will be not less than 20 Business Days. That amount will be a debt due and owing to Us by You; and
(iii) reduce the amount of one or more future instalments of the Funding, whether in relation to a particular Service User or otherwise, to reflect any Funding already paid in relation to Services that We consider to fall within the scope of, or to have (or ought to have) transitioned to, the NDIS Arrangements. We may do this without following the show cause process in the Standard Terms.
(b) If, under clause 4.10(a):
(i) some, but not all, of the Funding under a Funding Schedule is stopped, or the amount of any future instalment is to be reduced, Our notice to You will specify the reduced amount of the Funding and, if relevant, the reduced amount of any future instalment(s) and the changed scope of the Services (if any) and the Service Agreement will be deemed varied in accordance with the notice; or
(ii) all of the Funding under the Funding Schedule is stopped, the Funding Schedule will automatically terminate and the provisions in clauses 13.3(a) and 13.3(c) of the Standard Terms will apply.
Appears in 2 contracts
Sources: Service Agreement, Service Agreement