Key Terms and Condition

AGREEMENT GUIDE AND KEY TERMS

We recognise that moving into a care home is a significant decision.  Our aim is to assist you in making the right choice by making the terms upon which we provide care and accommodation clear and transparent.   We will be entering into an agreement in which both parties will have rights and obligations.  In our Terms and Conditions, we have attempted to set out in plain English those rights and obligations.

You will have been provided with our ‘Key Information’ and ‘Further Information’ fact sheets which set out information that we consider is important to share with you to assist you making an informed decision about whether you want to move into our care home.  These Terms and Conditions include and expand upon the information set out in those fact sheets.

The Terms and Conditions form part of the Agreement.  By signing the Agreement, you are entering a legal agreement.  We therefore advise that you review both the Agreement and Terms and Conditions carefully and seek independent legal advice should any issue be unclear.

KEY TERMS

We draw your specific attention to the following Key Clauses and advise that you consider these carefully.  Please note the following points are a summary only and you are referred to the full Terms and Conditions.

TRIAL PERIOD: (Clause 5) You are entitled to a trial period of 28 days or longer if agreed with the manager in writing.  During this period, you may terminate your placement on 7 days’ notice in writing.

FEES and FEE REVIEWS: (Clauses 6 – 8) The fee payable is set out in the Agreement for the Provision of Care Services (‘the Agreement’) and the Statement of Fees set out in Appendix 1 to the Agreement.

Our range of fees is set out in the Key Information Fact Sheet.   Fees are payable monthly in advance.  The services covered by the fees include standard care, accommodation, food, laundry, utilities and a range of activities.  We are able to provide additional services at additional cost.  Staff escorts to appointments are additional services and charged at additional cost.

Payments towards your fees made by any other funding body (Local Authority/NHS) will be deducted from the amount you are required to pay.  However, you remain liable for the total fee.  If your needs change and you require a higher level of care the fees charged may increase.  Fees are reviewed annually or if there is a change in your needs or if there is a legislative change that impacts upon our costs. We may undertake an assessment of your ability to pay our fees and may require that you have sufficient funds to pay our fees for a period of between 1 and 2 years. We will provide you with 28 days’ written notice of an annual fee increase.

CHANGES IN FUNDING ARRANGEMENTS: (Clause 9) If you become eligible to receive state funded assistance towards the cost of your fees or indeed in full payment of your fees, the amount/contribution you receive may not meet the whole amount of our fee and you or a family member may be required to meet the shortfall.  If you are unwilling or unable to meet the shortfall, we may decide to terminate the placement.

GUARANTOR: (Clause 9) We may request that someone acts as a guarantor.  The guarantor will be required to enter into a formal agreement in which they guarantee to pay our fees should you fail to do so.  If the guarantor is unable to pay, we may have to commence court proceedings to recover the sums due and further we may have to terminate this agreement.

THIRD PARTY TOP UP AGREEMENT: (Clause 9) If you become eligible for local authority funded assistance the amount that the local authority pays to us may not meet our total fees.  We may require that a third person (usually a family member) pays a top up fee.  A formal agreement will be entered into between the third party and the local authority.  The third party should be aware that they will liable to pay this fee throughout the period of your residency whilst your fees continue to be paid by the local authority. Default by the third party may result in the termination of your placement.

ADDITIONAL FEE FOR SUPERIOR STANDARDS/SERVICES AGREEMENT: (Clause 9) If you become eligible for NHS Continuing Healthcare Funding, all of your healthcare and social care needs will be met by the NHS.  The CHC fees meet the costs of the care and accommodation required to meet your assessed care needs.  If you choose or we provide a higher standard of accommodation than required to meet your assessed needs’, you may be required to pay an additional fee for the higher quality accommodation and/or additional services provided.

FIRST PARTY TOP UP AGREEMENT (12 WEEK PROPERTY DISREGARD): (Clause 9) When entering a care home for the first time a local authority may undertake a financial assessment to determine if you are eligible for state funding.  During the first 12 weeks of your placement the local authority will disregard the value of your property in determining whether you are eligible to receive state funding.  If the local authority assesses that you are eligible to receive state funded care or a contribution to your care costs, the amount that the Local Authority may agree to pay may not cover our full fees.  In this situation you may be required to pay a Top Up to meet the full cost of our fees.  This is known as a ‘First Party Top Up’.

FIRST PARTY TOP UP – DEFERRED PAYMENT AGREEMENT: (Clause 9) If you have a property to sell a local authority may enter into a Deferred Payment Agreement with you whereby it  agrees to meet the costs of care until such time as your property is sold and you will repay to the local authority fees paid on your behalf. The Local Authority may not agree to pay our full fees.  In this case you may be required to pay the difference.  This is known as a ‘First Party Top Up’.

TERMINATION: (Clause 10) Other than in the Trial Period, either party may terminate this agreement on 28 day’s notice.  Shorter notice of termination can be given by us if; sums due under the Agreement are not paid, we are unable to meet your needs or if your behaviour or the behaviour of a relative or visitor places you, other residents or our staff at risk of harm.

DEPOSIT: (Clause 11) On admission to the Home you may be required to pay a security deposit equal to 1 months’ fees.  The deposit will be retained in a ring-fenced account.  Any sums owing to the Company on termination of the Agreement will be deducted from the deposit and the balance repaid to you.

INSURANCE: (Clause 12) The Company’s insurance policy covers personal effects to the value of £500 per resident (except cash and high-risk items including jewellery, hearing aids and dentures).  Each claim is subject to a £50 excess which will be paid by you.

TEMPORARY ABSENCE:(Clause 19) If you are temporarily absent from the Home, we will keep your room for you.  We will continue to charge our full fee.  If your absence becomes prolonged (over 8 weeks) and you wish us to keep your room, we will review our fees to see if we are able to offer a discounted fee.  However, many of our costs; for example; staff, mortgage, utilities are fixed costs which will not reduce if you are absent from the Home. If the NHS stops paying FNC contributions during a period of absence the fees that you are required to pay may increase.

COMPLAINTS: (Clause 21) If you are unhappy with any aspect of the service you have the right to complain.  We have a robust complaints’ process, the details of which are set out in our complaints policy.  If you have cause to complain this will not affect your care and treatment and rights under the Agreement.

VARIATION: (Clause 23.5) We reserve the right to vary the Terms and the Condition of the Agreement in order to be able to deliver an effective and efficient service.  If we vary the terms we will always act reasonably.  Variations will be made in writing and 4 weeks’ notice will be given.

LASTING POWER OF ATTORNEY: (Clause 22) If in the future a Resident no longer has the mental capacity to manage their affairs, they may need a representative appointed.  Not having a Power of Attorney appointed can impact upon your ability to pay your fees and meet your obligations under this Agreement.  We therefore recommend that you arrange for the appointment of a Power of Attorney to manage your financial affairs in the event that you are no longer able to.