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Appendix A - Personal Travel Budget Terms and Conditions

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Appendix A - Personal Travel Budget Terms and Conditions

Definitions

Applicant: The person making the application and who is referred to in this Agreement as “you” or “your”. 

You: The person applying for the Personal Transport Budget whether on their own behalf or on behalf of the named Service User 

Service User: The person who has been assessed as being eligible for Travel Assistance 

Nominated Person: A person whom the Applicant has nominated to act on their behalf and who has capacity to act. 

The Council: The London Borough of Sutton

Cognus: a non profit making Local Authority Company wholly owned by the London Borough of Sutton who provide education support services in the Borough - including Travel Assistance services

Place of learning: Any school, college or other educational setting authorised by the Local Authority

  1. This Agreement will apply to all Personal Transport Budgets (PTB) used in the London Borough of Sutton on or after 1 September 2024 and will remain in effect until either such time that the specific PTB arrangement is terminated or ends in accordance with the terms and conditions set out below, or in the event that this Agreement is superseded by another. 

  2. By entering into this Agreement, you are agreeing to the terms and conditions set out in this Agreement and the PTB guidance and information. 

  3. The London Borough of Sutton reviews its policies on a regular basis and reserves the right to amend the terms and conditions of this Agreement in line with legislation and /or policy changes. In the event of any changes to the terms and conditions, you will be notified of the position and the new Agreement as soon as reasonably possible. These changes will come into effect without the need for you to reapply or provide confirmation of acceptance. 

  4. To receive a Personal Travel Budget the Council must have assessed the Service User as being eligible for travel assistance in accordance with the Council’s policies -  either the (i) Home to School Travel Assistance Policy (5-16) OR (ii) Travel Assistance Policy for learners aged 16 to 25.

  5. Your Agreement begins on the date notified to you by the Council when awarding you a PTB. The amount you have been assessed to receive will also be set out in this notification including details of payment arrangements. The Council will make Direct Payments (usually on or around the start of each calendar month) of the amounts specified in accordance with the terms of this Agreement, and the PTB guidance.

  6. The PTB must be used for the purpose of supporting the Service User’s attendance at an educational setting approved by the Council. For the avoidance of doubt “Attendance” means physical attendance at an educational setting/site, it does not include virtual/online learning undertaken away from the approved place of learning. 

  7. In consultation with the approved place of learning, the Council may periodically review the Service User’s attendance, late arrival information and ability to access learning opportunities. The Council may review your individual PTBs on an annual basis to confirm if it will continue to be offered to you. The Council also reserves the right to review, adjust, suspend or terminate the PTB payment at any time if: 

- you fail to adhere to the terms of this agreement and the Council’s PTB policy and guidance

- the Service User changes address or approved place of learning (or if the place of learning location changes)

- the Service User moves out of the Council’s administrative area, 

- it has been assessed that the Service User is no longer eligible for assisted travel

- the Service User’s attendance falls below 90%, 

- significant concerns are raised by the education setting relating to the arrangements affecting the Service User’s wellbeing

- it is not cost effective for the Council to continue providing the payments, 

for financial, budgetary or any other reason the Council deems it necessary to review the payment offer detailed within this agreement. 

  1. The Council will notify you of any adjustment, suspension or termination of payments in writing and as soon as reasonably possible. The Council will not consider putting in place alternative transport arrangements until any amounts overpaid by the Council are repaid by you. 

  2. The Council will notify you as soon as reasonably possible of any changes to the terms in this Agreement or in the PTB guidance. 

  3. For the avoidance of doubt, the Council accepts no responsibility or liability in respect of any tax, national insurance contributions or any other liability that may arise from time to time in connection with any services arranged by you that may be deemed to be payable to His Majesty’s Revenue & Customs (HMRC) or any other authority. 

  4. You agree:- 

- To accept the full responsibility for the Service User’s attendance at their education setting and their ability to access learning opportunities approved by the Council. 

- To inform the Cognus Assisted Travel Team immediately where there is any change in the Service User’s circumstances that may impact their eligibility for assisted travel and / or the PTB award amount. This can be by telephone on (020) 8323 0460 or preferably by email to assistedtravelteam@cognus.org.uk.

- To spend the Direct Payment, or allow the Direct Payment to be spent, only in a way that supports the Service User’s attendance and ability to access learning opportunities approved by the Council in accordance with this Agreement and the PTB guidance. 

  1. The Council will make payments of the PTB award amount into one designated bank account only, and only into the bank account specified by you, the Applicant. Split parental arrangements and/or split residential arrangements will not be taken into consideration. 

  2. The Council will not make payments to one family on behalf of multiple families i.e. each PTB will be given to the family of each eligible child. The Council will not make payments to third parties. 

  3. For the avoidance of doubt, the designated account may be with a bank or building society, or it may be with an organisation that has agreed with you to hold the account in relation to the PTB award amount. The Council also reserves the right to make payments onto a Payments Card (P-Card) as it deems appropriate. 

  4. You are responsible for how the PTB award amounts are used and for returning to the Council immediately, any payments (or such proportion of those payments) received from the Council which are not used in accordance with the terms of this Agreement and the PTB guidance. 

  5. You will cooperate fully with the Council in order to repay any sums overpaid by the Council to you for PTB. You are responsible for: 

a. Complying with any legal requirements and/or contractual responsibilities that may arise as a result of the way in which the PTB is used on behalf of the Service User. 

b. Complying with any legal requirements that may arise as a result of employing a person or engaging an organisation to provide any support. 

c. Ensuring that the employment status of any staff employed by you, and for which PTB payments are utilised, have been checked and such arrangements comply with the relevant HMRC rules in force from time to time. 

d. Any liability arising out of or in connection with any services arranged by you or on your behalf including, but not limited to, any costs relating to the employment of a person to provide the services including any tax, national insurance contributions or any other cost which may be due to HMRC or any other authority from time to time. 

  1. You may terminate this Agreement by giving the Council at least one calendar months’ notice in writing, preferably by email to assistedtravelteam@cognus.org.uk, or by post to:

Travel Assistance Team, Cognus Limited, First Floor, Cantium House, Railway Approach, Wallington, SM6 0DZ

  1. Clause 17 will apply in all cases with the exception that when an individual PTB is awarded to start at the beginning of a new academic year then the earliest date that this Agreement can be terminated is 1 November, regardless of when the written termination notice is received. 

  2. The Council may terminate this Agreement by providing you with at least one calendar month’s notice in writing. 

  3. Notwithstanding clauses 17 to 19 of this Agreement above in relation to Post 16 and Post 19 education, this PTB Agreement will remain in force and operation until the end of the Academic Year for which they have applied. However, for Statutory Aged Service Users (5-15 years of age) this PTB Agreement will remain in force and operation until the end of the Academic Year in which they reach the age of 16.