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Terms & Conditions

Part 1 Type of Package

1. Differing Packages

 

(a) The Care Package Application Form will state the type of Care Package which applies to the Care Recipient.


(b) The different Care Packages are defined in the Price List. These definitions include:

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  1. which of the Care Services are included in that Care Package; and

  2. the amount of each of the Care Services (if any) that are included in that Care Package; and

  3. the cost for any additional Care Services that are used in excess of the CareServices included in that Care Package.

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2. Flexicare Packages

 

If the Care Package is a Flexicare Package:


(a) Part 2 applies; and


(b) Part 3 does not apply; and


(c) Clause 15(a) does not apply; and


(d) Clause 24 does not apply

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3. Support at Home

 

If the Care Package is a Support at Home program:


(a) Part 2 does not apply; and


(b) Part 3 applies; and


(c) Clause 15(a) applies; and


(d) Clause 24 applies.

Part 2 Flexicare Package (Specific Terms)

4. Term

 

(a) A Flexicare Package is for a fixed term.


(b) In this case, Term means the period beginning on the Commencement Date and expiring after the period defined in the Price List for the relevant Care Package.

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5. Payment

 

(a) The Care Recipient must pay for the Flexicare Package in available funds before the Commencement Date.


(b) If such payment is not made in available funds before the Commencement Date, then LingCare may terminate this Agreement.


(c) If additional Care Services are required in excess of the Care Services included in the Flexicare Package, then the Care Recipient must pay for those additional Care Services before they are provided.


(d) A Flexicare Package is not refundable. LingCare may, in its absolute discretion, provide a refund for the unconsumed portion of a Flexicare Package in unusual circumstances.

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6. Transfer

 

A Flexicare Package may be assigned to another Care Recipient if:

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(a) the Care Recipient gives LingCare 2 Business Days’ notice; and


(b) the Care Recipient pays the fee set out in the Price List for a transfer; and


(c) that other Care Recipient signs a new Care Package Application Form with LingCare

Part 3 Support at Home program (Specific Terms)

7. Term

 

(a) A Support at Home program is for a continuing term.


(b) In this case, Term means the period beginning on the Commencement Date and expiring on the earlier of:

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  1. when LingCare terminates this Agreement under this Part; or

  2. when this Agreement expires under this Part.

 

(c) LingCare may terminate this Agreement if LingCare cannot care for the Care Recipient in the community with its resources.


(d) LingCare may suspend the provision of Care Services if the Care Recipient does not:

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  1. pay for the Support at Home program; and

  2. make alternative arrangements for payment of the Support at Home program to LingCare’s reasonable satisfaction.

 

(e) This Agreement expires:

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  1. upon relocation, if the Care Recipient notifies LingCare in writing that the Care Recipient wishes to move to a location where home care is not provided by LingCare; and

  2. 1 month after the Care Recipient notifies LingCare in writing that the Care recipient no longer wishes to receive the Care Services; and

  3. immediately upon:

    • the Care Recipient’s condition changing to the extent that the Care Recipient no longer needs home care; or

    • the Care Recipient’s condition change to the extent that the Care Recipient’s needs, as assessed by an aged care assessment team, can more appropriately be met by other types of services or care; and

  4. immediately upon the Care Recipient failing to meet the Care Recipient’s responsibilities as described in Schedule 2 of the “Charter of care recipient’s rights and responsibilities-home care” for reasons within the Care Recipient’s control.

 

8. Payment

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(a) The Care Recipient must pay for the Support at Home program on a monthly basis in advance.

 

(b) LingCare may arrange for all or part of that Support at Home program to be paid by one or more of:

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  1. a home care subsidy under the Aged Care Act; and/ or

  2. requesting an amount be deducted from any entitlement the Care Recipient may have under the Social Security Act 1991 (Cth); and/ or

  3. payment from the Care Recipient (or the Care Recipient’s nominee).

 

A Support at Home program consists of will provide the Care Recipient with an amount of Available Funds which is a cumulative amount made up of:

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  1. the payments from, or on behalf of, the Care Recipient described above;

  2. the Fees charged by LingCare as described in the Price List or the Care Package Application Form; and

  3. the Fees charged by LingCare for the Care Services provided to the Care Recipient as described in the Price List

 

(d) If additional Care Services are required in excess of the Care Services included in the Support at Home program, then the Care Recipient must pay for those additional Care Services before they are provided.

 

(e) LingCare will provide a summarised monthly statement to the Care Recipient in electronic format. The Care Recipient may from time to time:

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  1. request an ad-hoc summarised statement (which LingCare will provide if the request is reasonable); or

  2. request an itemised statement (which LingCare will provide upon payment of the fee set out in the Price List); or

  3. request a paper statement (which LingCare will provide upon payment of the fee set out in the Price List including, the itemised fee if the statement is itemised) or

  4. request a copy of the most recent statement of the audited accounts of LingCare’s aged care component (that includes the home care service)

 

9. Care Plans and Budgets

 

(a) Before the Commencement Date, LingCare must (in partnership with the Care Recipient), prepare and provide to the Care Recipient a care plan and individualised budget as required by the Aged Care Legislation.


(b) LingCare must (in partnership with the Care Recipient) review such care plan and individualised budget as required by the Aged Care Legislation and (if required) provided an updated copy of that care plan and individualised budget after such review.

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10. Available Funds

 

(a) If the amounts paid by, or on behalf of the Care Recipient, exceed the fees for the Care Services provided, LingCare may hold excess funds (called Available Funds) on the Care Recipient’s account.


(b) LingCare holds Available Funds legally and beneficially (and not as stakeholder, depositholder or trustee).

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11. Suspension of Services

 

(a) The Care Recipient may suspend, on a temporary basis, the Care Services by giving notice in writing to LingCare specifying the dates that the suspension will start and end.


(b) LingCare will suspend providing Care Services during such suspension and will not charge the Care Recipient any fees for the Care Services during such suspension.

Part 4 Services

12. Provision of Services

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(a) During the Term, LingCare will provide the Care Services specified in the Care Package to the Care Recipient.


(b) LingCare is not responsibility for providing any services other than the Care Services.


(c) The Care Recipient also acknowledges that the Care Services are intended to be supplementary in nature. At all times, the Care Recipient is primarily responsible for his or her own care and wellbeing. The services LingCare provides are in the nature of aid and assistance only.


(d) The Care Services will be provided on a consumer directed care basis.


(e) In providing those Care Services, LingCare will:

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  1. ordinarily, provide Care services between 8:00AM and 6:00PM during Business days (the Ordinary Hours); and

  2. only provide Care Services outside of Ordinary Hours if:

    • expressly agreed between LingCare and the Care Recipient;

    • if the surcharge rate expressed in the Price List is paid by the Care Recipient; and

  3. exercise reasonable care and skill; and

  4. provide those Care Services in a reasonably timely fashion; and

  5. comply with the Aged Care Legislation.

 

13. LingCare’s Discretion

 

(a) Due to the necessarily broad definitions of each of the Care Services, LingCare has a reasonable discretion to determine what tasks and activities are included or excluded in the definition of each of the Care Services.


(b) That determination may be notified to the Care Recipient by publishing those included or excluded definitions in the Price List or by giving written notice to the Care Recipient.

 

14. Consumption of Care Packages

 

(a) Each of the Care Services provided by LingCare will be consumed by the Care Recipient as follows:

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  1. all Care Services will be charged on the basis of a continuous period of time (comprising a Session);

  2. if Care Services are provided on the same day but there is a break in between, then that shall comprise 2 separate Sessions;

  3. a minimum charge of one hour for the first hour of a Session applies; and thereafter, the Care Services will be charged in 15 minute blocks.

 

(b) Where the Care Services provided for a Session:

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  1. comprise part of an hour (during the first hour), that Session is rounded up to one hour; and

  2. comprise part of a 15 minute block (after the first hour), that Session is rounded up to the closest 15 minute block

 

15. Instructions

 

(a) If the Care Recipient has specified an Advocate, the Care Recipient specifically authorises LingCare to release to the Advocate:

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  1. all information pertaining to this Agreement; and

  2. all information pertaining to any care plans and individualised budgets; and

  3. all information pertaining to any Care Services provided under this Agreement.

 

(b) The Care Recipient must specify an Authorised Person.

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(c) If for any reason, LingCare is unable to obtain instructions from the Care Recipient (including, because the Care Recipient lacks legal capacity or is temporarily incapacitated), the Care Recipient specifically authorises LingCare to release to the Authorised Person:

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  • all information pertaining to this Agreement; and

  • all information pertaining to any care plans and individualised budgets; and

  • all information pertaining to any Care Services provided under this Agreement.

 

(d) The Authorised Person will also act as the Care Recipient’s emergency contact in the event that any emergency arises (which shall be determined by LingCare in its reasonable discretion). In that event, the Care Recipient authorises LingCare to release to the
Authorised Person all information pertaining to that emergency.


(e) For any purpose under this Agreement, instructions of the Advocate (if any) and the Authorised Person (while acting as such) are deemed to be instructions of the Care Recipient.


(f) LingCare may determine whether it requires any instructions to be verbal or in writing. It may do so by advising the Care Recipient, Advocate or Authorised Person (as appropriate) of the same).

LingCare-Home-Care-logo

ADDRESS

139 Anzac Highway

Kurralta Park

SA  5037

EMAIL

info@lingcare.com.au

PHONE

(08) 8371 0711

0481 338 851

0481 338 859

OPENING HOURS

Mon - Fri 9:00 am – 4:30 pm

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