Service Agreement - SIL
Service Agreement - SIL
01
SIL Service Agreement Template
The following is a Service Agreement for Supported Independent Living under the
National Disability Insurance Scheme or Continuity of Support Program.1
Agreement Details
Parties: This is an agreement between the following parties
ACN / ABN
Address
Accommodation Provider
Date of Accommodation
Agreement
Your Supports and Board: See Attachment 1
Responsibilities:
I understand my responsibilities
Conflict of Interests:
The Service Provider has no relationship
1
Note: Parties to this agreement should seek legal advice as required in respect of the terms
contained in this Agreement. Parties should also refer to the NDIS Terms of Business (including
any updates) at the time of signing this Agreement and other operational rules from time to time.
Accommodation Provider and Service Provider are
the same
the following relationship Accommodation Provider and Service Provider have
with the Accommodation the same management
Provider who is managing
Accommodation Provider and Service Provider are
the property
part of a joint venture
House Rules
I understand how the House Rules will be created and agree to the process.
Payments
I understand how my Board Payments are calculated and I agree (if applicable).
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Contact Details: NDIS Participant
Please contact my representative. Their name is:
Phone: B/H Phone: A/H Mobile
Email
Address
Contact Details: Service Provider
Name
Phone: B/H Phone: A/H Mobile
Email
Address
Contact Details: Accommodation Provider
Name
Phone: B/H Phone: A/H Mobile
Email
Address
Contact Details: NDIS Commissioner (Complaints)
Phone: Phone: TTY Web: Complaint form
1800 035 544 133 677 www.ndiscommission.gov.au
Cost
Total weekly costs for services (or see Attachment 1)
Agreement Signatures
The Parties agree to the terms and conditions of this Service Agreement.
Participant (or representative) Name
Signature Date
Signature Date
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Parties
This Service Agreement is for you (named above), a participant in the National Disability
Insurance Scheme.
The Agreement is made between you and the Service Provider (named above).
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Your Supports and Board
The Service Provider agrees to provide you with Supported Independent Living services or
COS services while you are living at your address. These are the “supports”. The supports
are listed in Attachment 1, along with any arrangements needed to make sure the
supports can be provided to you.
A general guide on the supports your Service Provider may provide and how you might
pay for these are shown in Attachment 2.
The Service Provider can also provide you with Board. If you agree, the activities and
items included in Board, which are paid for out of your Board payment, are also listed in
Attachment 1.
The Service Provider may need to access your room at any time to provide the supports
to you. Your Accommodation Provider has given the Service Provider the right to use the
shared areas in your home and the office (if there is an office in your home). To receive
those supports, you must provide your consent (in the Agreement Details).
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will assist you, should you wish to move out of the home, to find alternative
accommodation;
have all necessary insurances to provide you with supports; and
take all necessary steps to fulfill its obligations to workers and other people in the
home under the Workplace Health and Safety legislation.
Your Responsibilities
You agree to:
inform the Service Provider about how you wish the supports to be delivered to
meet your needs;
treat the Service Provider with courtesy and respect;
make the payments required for the supports;
talk to the Service Provider if you have any concerns about the supports being
provided;
notify the Service Provider if you are planning any holidays or other absences;
give the Service Provider the required notice if you need to end the Service
Agreement (see ‘Ending this Service Agreement’ below for more information); and
let the Service Provider know immediately if your NDIS plan is suspended or
replaced by a new NDIS plan or you stop being a participant in the NDIS.
House Rules
The Service Provider must assist you and the other occupants of the property to prepare
and agree House Rules within the first 3 months of this Service Agreement.
The House Rules should cover the issues that are important to you about living at the
property, and a template has been provided in Attachment 4. You can use these headings
or change the document to suit you.
The House Rules should say how you will make important decisions about your supports
and the way you behave in your home. Your NDIS Support Planner may be able to give
you more information about these types of decisions.
The Service Provider must ensure that the House Rules (and any changes to the House
Rules) are consistent with any other house or building rules which the Accommodation
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Provider must comply with, including the building rules under the lease.
You agree that no House Rules (or changes to the House Rules) will be proposed or
considered unless such rules are consistent with any other house or building rules which
the Accommodation Provider must comply with.
The Service Provider will keep a copy of the House Rules and will also give a copy to the
Accommodation Provider. The Service Provider and Participants who live in the House will
review and update the House Rules once a year.
Payments
Support Payment
The Service Provider will seek payment of the Supported Independent Living payment
from the NDIA in accordance with the relevant NDIS rules, guidelines and terms of
business, or the Service Provider will seek payment for COS from the Commonwealth
Department of Health
Board Payment
If the Service Provider will not be providing you with Board under this Service Agreement,
then you will not be required to pay Board Payments. If the Service Provider will be
providing you with Board under this Service Agreement, then the following paragraphs in
respect of Board Payments will apply.
You agree to pay a Board Payment to the Service Provider to cover daily household living
expenses. The Board Payment will typically be 50% of the base rate of the Disability
Support Pension that would apply to you assuming you are eligible to receive the
Disability Support Pension, plus the energy supplement.
Because your Board Payment is a percentage, it will change when the amount of either
the Disability Support Pension and/or energy supplement change. You agree to pay the
increase when notified by the Service Provider who will let you know at least 28 days
before the increase occurs.
If you are not eligible for either a Disability Support Pension or Commonwealth Rental
Assistance then your Board Payment will be calculated as 50% of the base rate of the
Disability Support Pension applicable for your circumstances.
Board Payments will cover food, utilities and living expenses. A general guide on Board
and contributions which you may be asked to pay are shown in Attachment 2.
The Board Payment will be made each fortnight by EFT to the Service Provider.
Written Receipts
The Service Provider must provide written receipts to you within two weeks of any
payment.
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Additional Expenses
Additional expenses (i.e. things that are not included as part of your NDIS supports) are
the responsibility of you or your representative and are not included in the cost of the
supports. Examples include entrance fees, event tickets, personal shopping etc. Other
examples of additional expenses are listed in the “Personal” expense table in Attachment
2.
How you (or your representative) may end this Service Agreement
After the Agreed End Date of this Service Agreement, you may end this Service Agreement
at any time on 14 days notice if you choose to leave the accommodation.
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After the Agreed End Date of this Service Agreement, the Service Provider may end this
Service Agreement by providing you with the appropriate notice period specified by the
NDIS (which is currently 90 days minimum notice). However, the Service Provider may
end this Service Agreement with less notice if:
a. You carry out an illegal activity within the home;
b. You have not paid the Service Payment or the Board Payment and do not pay
these amounts within 14 days of receiving an overdue notice;
c. You cease to be a Participant in the NDIS or COS;
d. The Accommodation Provider terminates your access to the home; or
e. the Service Provider is unable to support you to remain at the Property without
serious risk of harm to yourself, other residents or staff in the home or a breach of
Service Provider’s workplace health and safety obligations.
Regardless of the reason for ending this Service Agreement, the Service Provider will
immediately notify the NDIA and will work with the NDIA to find you alternative
accommodation and/or alternative daily living supports.
Continuity of Supports
Before giving notice to end this Service Agreement for any reason, the Service Provider
will arrange a meeting with you, your representative (if you have one), the Accommodation
Provider, an NDIS Support Coordinator or COS Support Coordinator and other relevant
support staff to consider whether you require additional supports to enable you to remain
at the property or whether the Service Provider can support you in a different home.
If approved corrective action or additional reasonable and necessary supports have been
implemented to rectify the cause for proposing to end this Service Agreement, then the
Service Provider will allow sufficient time to monitor that the cause no longer applies and
agrees not to end this Service Agreement if the Service Provider is satisfied that the cause
no longer applies.
Record Keeping
The Service Provider agrees to keep full and accurate accounts and financial records of
the supports delivered to you, along with records of service agreements, household
expenses and any complaints which they have received for five years from the date each
record is received.
The Service Provider confirms that the way they hold these records complies with the
NDIS Terms of Business or equivalent for COS, all relevant statutes, regulations, by-laws
and requirements of any Commonwealth, State, Territory or Local Authority.
If you would like to view the records held by the Service Provider, contact them using the
contact details listed in the Agreement Details section.
The Service Provider will provide you access to view the records they hold within five (5)
business days of your request, unless to do so could or would breach the law.
Privacy
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The Service Provider agrees to comply with all relevant Privacy Laws in the way it holds,
uses and shares your personal and health information (including your NDIS plan).
The Service Provider may ask that you sign a written consent which allows the Service
Provider to share your personal and health information with the Accommodation Provider
or another person/entity.
You do not have to sign this consent form. And if you do sign, you can always withdraw
your consent later on.
If you do not provide your consent to share your personal and health information, it does
not mean that the Service Provider can’t share your personal and health information, but
without your consent, they must comply with the relevant Privacy Laws before they share
your information.
If you have a COS plan and you are not satisfied or do not want to talk to the Service
Provider’s contact person, you can contact the Commonwealth Department of Health:
Free call: 1800 020 103
National Relay: 1300 555 727
Web: http://www.health.gov.au/enquiries
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provided; and
you or your representative will immediately notify the Service Provider if your NDIS
Plan is replaced by a new plan or you stop being a participant in the NDIS.
If you receive supports as detailed in a COS plan, for the purposes of GST legislation,
these may or may not be GST free. The Service Provider agrees to let you know which
supports will include a charge for GST.
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Attachment 1: Details of Supports
Board (includes):
Rent:
Notes:
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Attachment 2: Participant’s and Household’s Expenses
Rent
Rent (if leased premises) Shared area furniture (lounge suite, dining
setting, TV, Stereo) Whitegoods
Window coverings
What contribution Connection charges for Utilities/ Internet/Phone
will cover Initial kitchen/laundry set up (laundry basket, cookware, flatware, cutlery)
Repairs to building, furnishings, appliances
Council rates
Building insurances
Client contribution [Insert formula for calculating cost] 25% of pension, 100% rent assistance
Groceries
Household cleaning items
Home help (subcontractors for garden and cleaning)
What contribution
Minor domestic purchases (additional kitchenware, flatware, cutlery)
will cover
Group mobility aids (eg wheelchair for occasional use)
Motor vehicle expenses (including lease fees, maintenance, fuel)
Usage charges for Utilities/Internet/ Phone
Service Provider
Personal Expenses
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managed by:
What contribution Any necessary medical aids, eg specialist wheelchair, chair, shower chair,
will cover bed. These equipment are considered personal to the participant.
Collected and
Support Plan Manager
managed by:
Note: where an office is supplied in a home, the Service Provider will not pay rent for the area
but will contribute to electricity, internet and water usage charges, equivalent to what one
resident will pay, e.g. if five resident occupy a group home, the Service Provider and each
resident will pay one sixth of the utility usage charge (that is the number of residents + Service
Provider equals the number of shares a utility charge will be split into).
Note: A participant may also be eligible for a daily living support payment (SIL Payment). This
payment may appear in a participant’s plan but be provided directly to the Service Provider.
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Attachment 3: Making Complaints
Problems How to complain and who to complain to
My room, the garden, bathroom, shared If it is dirty, ask the Service Provider
areas
If something needs fixing in it, ask the
Accommodation Provider
A support worker Tell the Service Provider what you don’t like
about what the worker has done. The
Service Provider must try to fix the problem
first.
If the problem doesn’t get better, then talk to
your Support Coordinator or housemates to
see if other people also think this is a
problem. You can also talk to the
Accommodation Provider to help solve the
problem. If it is really bad, you may be able
to change the Service Provider.
If all this doesn’t work and you need more
help to fix the problem, then call the NDIS or
Commonwealth Department of Health (if you
have a COS plan).
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To discuss a matter listed above with the Service Provider, use the contact details provided in
the Agreement details (above) or speak with a Service Provider worker.
To discuss a matter listed above with the Accommodation Provider, use the contact details
provided in the Agreement details (above).
If you need help in making a complaint and don’t want to ask your Service Provider worker or
Accommodation Provider, you can call your Support Coordinator or NDIS directly.
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Attachment 4: Sample House Rules
Introduction
House Rules are about the quiet use, enjoyment and management of shared housing.
Each house member must comply with these house rules.
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Changes to House Rules
House members and the service provider can suggest changes to house rules but each
change must be voted on and agreed to by at least two-thirds of all voters. The service
provider gets one vote.
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Attachment 5: NDIS or COS Plan
Check on your immediate safety, and link you with immediate supports if needed
Tell you if the emergency/ disaster may change the supports you receive
o Change the location of the appointment if the usual place has been affected
If you rely on organisation name for daily living needs, high intensity supports, or if
you live on your own and receive support from a sole worker only, organisation
name will make sure you continue to receive this support (tick below as
appropriate)
Organisation name will ensure that all services you receive follow recommended
Organisation name will keep you updated on how the emergency/ disaster is
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