Common use of Personal Allowance Clause in Contracts

Personal Allowance. The Service User shall not be required to pay from any source, including the personal allowance, for any part of the service which the Provider will be deemed to have included fully in the Price TERMINATION BY THE COUNCIL The Council may terminate this Agreement in accordance with Clause 38 (termination) of the Council Contract. The Council will in normal circumstances give the Provider, the Service User or their Attorney/Deputy and the Third Party (if applicable) 28 days’ notice of termination of this Agreement except where: The Residency ends within the first six weeks of the Introductory Period in which case no notice period shall be given; The Residency ends between weeks six to eight of the Introductory Period in which case 7 days’ notice shall be given; The Service User has sold their Property under a Deferred Payment Agreement and the Service User subject to Financial Assessment is assessed to be a Private Service User in which case the date of termination of the Agreement shall be the date of completion of the sale of the Property; The Service User has sold their Property and the Financial Assessment of the Service User determines the Service User to be a Private Service User, in which case the date of termination of the Agreement shall be the date of completion of the sale of the Property; The Home following a review by a Care Manager is unable to meet the assessed needs of the Service User in which case the Agreement will terminate on the date when the Service User leaves the Home into an alternative Home or other appropriate care provision; There are arrears of the Third Party Contribution of 8 weeks or more; The Residency ends by way of Court Order or the application of any other relevant legislation; The Residency ends by death of a Service User, in which case the Agreement will end 3 nights after and including the date of death. The Council terminates the Council Contract with the Provider. In such circumstances the Price will be payable up to the date of termination.

Personal Allowance. The Service User shall not be required to pay from any source, including the personal allowance, for any part of the service which the Provider will be deemed to have included fully in the Price TERMINATION BY THE COUNCIL The Council may terminate this Agreement in accordance with Clause 38 (termination) of the Council Contract. The Council will in normal circumstances give the Provider, the Service User or their Attorney/Deputy and the Third Party (if applicable) 28 days’ notice of termination of this Agreement except where: The Residency ends within the first six eight weeks of the Introductory Period in which case no notice period shall be given; The Residency ends between weeks six eight to eight ten of the Introductory Period in which case 7 days’ notice shall be given; The Service User has sold their Property under a Deferred Payment Agreement and the Service User subject to Financial Assessment is assessed to be a Private Service User in which case the date of termination of the Agreement shall be the date of completion of the sale of the Property; The Service User has sold their Property and the Financial Assessment of the Service User determines the Service User to be a Private Service User, in which case the date of termination of the Agreement shall be the date of completion of the sale of the Property; The Home following Following a review by a Care Manager The Home is unable to meet the assessed needs of the Service User in which case the Agreement will terminate on the date when the Service User leaves the Home into an alternative Home or other appropriate care provision; There are arrears of the Third Party Contribution of 8 weeks or more; The Residency ends by way of Court Order or the application of any other relevant legislation; The Residency ends by death of a Service User, in which case the Agreement will end 3 nights after and including the date of death. The Where the Residency is for a pre-planned period of respite and the discharge date is known in advance in which case the Agreement will terminate on the date of discharge. Where the Residency is for the purposes of assessing the Service User’s needs and a planned discharge date has been identified in which case the date of termination of the Agreement shall be the date of discharge. Where the Residency is pending a permanent move to the Service User’s home of choice in which case the date of termination of the Agreement shall be the date on which the Service User leaves the Home into an alternative home or other appropriate care provision. Where the Council terminates the Council Contract with the Provider. In such circumstances the Price will be payable up to the date of termination.