you fail to comply with the review and monitoring process as detailed in • clause 3; or criminal activity or a deliberate misuse of the is suspected. • 4.10 Stop the payments to you and notify you in writing if: Following a review or reassessment of the child or young person’s needs, • they no longer meet the criteria for Element 3 (Top Up) Special Educational Needs Funding, SEN transport funding or Social Care Services; The direct payment has been used for or services other than those • specified within clause 2.3 and it has been proved there has been a misuse of funds, theft of funds, fraudulent activity or a persistent breach of the terms and conditions of this agreement. The child or young person begins a 52 week residential placement. • The agreed provision can no longer by secured by means of Direct • Payments The Council becomes that the making of Direct Payments is having an adverse impact on the other services which the Local Authority provides or arranges for children and young people with an EHC plan which the authority maintains or is no longer compatible with the Council’s efficient use of its resources. 4.11 If you have supplied information that is later found to have been given fraudulently and has resulted in the receipt of direct payments to which you were not entitled, the Council will require the full amount of the direct payment to be paid back on demand and with interest from the date of the fraudulently received payment to date of repayment in full. The rate of interest for these purposes shall be as specified in clause 4.8 above. 4.12 In the event of the death of the child or young person, this agreement will end with immediate effect. The local authority and its partners will consider what contractual responsibilities exist at the time of death when determining what money should be repaid. 4.13 The Council will not have any contractual responsibility for the delivery of the services or support defined within this Agreement. 5. Review and monitoring 5.1 You can request a review of the arrangements defined within this agreement at any time should your needs change. 5.2 The Council will review with you your education, health and social care assessments and the personal budget arrangements at annually on an agreed date.
• you fail to comply with the review and monitoring process as detailed in clause 3; or • criminal activity or a deliberate misuse of the is suspected. 4.10 Stop the payments to you and notify you in writing if: • Following a review or reassessment of the child or young person’s needs, they no longer meet the criteria for Element 3 (Top Up) Special Educational Needs Funding, SEN transport funding or Social Care Services; • The direct payment has been used for or services other than those specified within clause 2.3 and it has been proved there has been a misuse of funds, theft of funds, fraudulent activity or a persistent breach of the terms and conditions of this agreement. • The child or young person begins a 52 week residential placement. • The agreed provision can no longer by secured by means of Direct Payments The Council becomes that the making of Direct Payments is having an adverse impact on the other services which the Local Authority provides or arranges for children and young people with an EHC plan which the authority maintains or is no longer compatible with the Council’s efficient use of its resources. 4.11 If you have supplied information that is later found to have been given fraudulently and has resulted in the receipt of direct payments to which you were not entitled, the Council will require the full amount of the direct payment to be paid back on demand and with interest from the date of the fraudulently received payment to date of repayment in full. The rate of interest for these purposes shall be as specified in clause 4.8 above. 4.12 In the event of the death of the child or young person, this agreement will end with immediate effect. The local authority and its partners will consider what contractual responsibilities exist at the time of death when determining what money should be repaid. 4.13 The Council will not have any contractual responsibility for the delivery of the services or support defined within this Agreement. 5. Review and monitoring 5.1 You can request a review of the arrangements defined within this agreement at any time should your needs change. 5.2 The Council will review with you your education, health and social care assessments and the personal budget arrangements at annually on an agreed date.
Personal%20Budget%20Direct%20Payment%20Agreement%20Sept%2015.docx