Guide to Grant Aid Agreement Document Section 39 Health Act, 2004 Section 10 Child Care Act, 1991 National Lottery
Please note that this document provides an explanatory guide to the document but is not a legal interpretation of the document Agreement Structure The Grant Aid Agreement consists of two parts: Part 1 Grant Aid Agreement This consists of 13 Standard Sections common to all Grant Aid Agreements. Each Section is divided into a number of sub-sections. These form the main body of the Agreement and set out the legal framework under which both parties agree to work. This part of the Agreement cannot be altered except for insertion of information as follows: Name of Organisation Section 1.1 Commencement and End Dates - Section 2.1 Grant Amount Section 2.3 Contact Details Section 9.1 Dispute Resolution Contact Details Section 9.3 Dates of Funding Section 10.3 Special Conditions Section 11 Name of Organisation and Signatures for Both Parties Section 13 Part 2 consists of: Appendix 1 Service Specification Schedule: This Schedule consists of four sections which require completion and contain specific information in relation to the Grant namely Organisational Overview, Purpose for Use of Grant, Client Group and Reporting Schedule (Timetable). Appendix 2 Contract Change note: This suggested standard letter will be used when there is a requirement to vary/change the Agreement. Appendix 3 Guidelines on the Organisation requirements in order to comply with the HSE Grant Aid Agreement: Page 1 details requirements for grants up to 9,999, Page 2 for grants between 10,000 and 49,999, Page 3 for grants between 50,000 and 149,999 and Page 4 for grants between 150,000 and 250,000. Use of Grant Aid Agreement The Grant Aid Agreement should be used for all agreements where funding made available to an agency by the HSE is less than 250,000 per annum except with For-Profit/Commercial and Out-of- State agencies or where the Executive is of the opinion that the Service Arrangement Governance documentation is more appropriate. It can be used where funding is granted under: Section 39, Health Act, 2004; Section 10, Child Care Act, 1991; National Lottery.
Explanatory Guide to Part 1 Arrangement Section 1 Introduction: This Section deals with general matters in relation to the grant agreement. Section 1.1 Section 1.2 Section 1.3 Section 1.4 Section 1.5 The name of the organisation should be inserted here Sets out the legal basis for HSE providing the grant. The organisation must apply for the grant and agree to be bound by the terms and conditions of the agreement. Sets out a definition of key terms used in the document. Sets out the need for the person who signs the agreement on behalf of the organisation to have the authority to do so. Sets out the right of the HSE to revoke, suspend or cancel the grant if the organisation cannot demonstrate that it is complying with the terms and conditions of the grant. The organisation may also have to repay some or all of the grant already received. Section 2 About the Grant: This section sets out a range of general provisions in relation to the grant agreement. Section 2.1 Section 2.2 Section 2.3 Section 2.4 Section 2.5 Section 2.6 Section 2.7 Section 2.8 Section 2.9 Section 2.10 The commencement and end dates of the agreement must be entered here and cannot exceed a calendar year. Advises the organisation not to commit to spending the grant funding until HSE confirms it in writing. The amount of the grant that the HSE is committed to should be entered in this section and is linked to Section 10, Payment and Indemnity States that the organisation must use the grant only for the purposes set out in Appendix 1 Service Specification Schedule unless prior written approval is received from the HSE to do otherwise. Sets out the fact that HSE may fund all or part of the grant applied for and that Special Conditions may be attached to the grant which will be set out in Section 11 if applicable. Sets out three categories of activity that the grant must not be used for (a) support of a political party (b) campaigns to change laws and (c) promotion of religion. States that the organisation must comply with all relevant laws when using the grant. Allows the HSE to seek repayment of the full or part of the grant if planned activity does not proceed or is not satisfactory. States that HSE will not be responsible for any expenditure over and above the agreed grant. Requires the organisation to comply with the provisions of the legislation on Protected Disclosures effective from 1 March 2009. A document entitled Procedure on Protected Disclosures of Information in the Workplace has been published by HSE and can be referred to for further information.
Section 3 Governance Requirements General: This section sets out a range of matters relating to good governance practice in the organisation. Section 3.1 Section 3.2 Section 3.3 Section 3.4 Section 3.5 Section 3.6 Section 3.7 Section 3.8 Sets out the requirement of the organisation to have appropriate governing documents and must supply these to the HSE if requested. The organisation must advise the HSE in advance of any changes to these documents. The HSE is in a position to withdraw or reduce the grant where there are material changes to the nature, activities or management of the organisation. Requires the organisation to hold regular meetings of its governing body, keep records of meetings and adhere to its election or selection arrangements. Requires the organisation to avoid conflicts of interest and not to influence decisions in order to gain advantage for themselves or others relating to the agreement. Requires the organisation to inform the HSE of change of officers or management, e.g. chairperson, treasurer, secretary or auditors. Sets out the requirement of the organisation to have clear policies and procedures to safeguard children and vulnerable persons and must comply with all legal requirements and national guidelines in respect of such matters. The onus is on the organisation to ensure the suitability of its staff, employees and volunteers including adequate vetting, criminal background checks and that such persons are monitored. The HSE may request evidence of compliance with this section. Sets out the principle that the safety of participants is paramount. The organisation must ensure that participants are aware of their right to be free from abuse and must have a formal policy on Protection from Abuse and a Complaints Procedure accessible to all. Obliges the organisation to fully investigate any allegations of inappropriate or illegal behaviour by staff, employees, volunteers or agents in relation to any participant. Obliges the organisation to take all necessary actions to ensure the safety and protection of participants in the event that any employee, officer, volunteer or agent has behaved illegally, wrongfully or inappropriately irrespective of whether through their action or failure to act and report the matter to all relevant authorities. The same provisions apply where the organisation becomes aware of an allegation or complaint of illegal, wrongful or inappropriate behaviour. Section 4 Governance Requirements Financial: This section sets out a range of matters relating to financial and accounting matters. Section 4.1 Requires the organisation to maintain proper governance and accounting arrangements and systems to ensure that funds are
Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Section 4.8 properly managed. It includes a list of seven specific requirements covering: (a) Bank Accounts; (b) Income and Expenditure Reports; (c) Reporting to governing body; (d) Payment of taxes and pensions; (e) Payment by cheque or Electronic Fund Transfer (EFT) where possible; (f) Petty Cash; (g) Receipting of cash and income collected. Requires the organisation to provide evidence of how the grant was spent if requested by HSE. The organisation must maintain the necessary records and allow the HSE reasonable access to such records on request. Requires the organisation to ensure that its accounts are examined or audited in line with the requirements appropriate to the size and nature of the organisation. The grant from the HSE must be separately identified in the accounts. Deals with organisations whose total annual income from all sources or total expenditure is equal to or less than 150,000, irrespective of the amount the organisation receives from HSE. In such cases, the organisation must submit annual accounts within 6 months of the end of its financial year end. The accounts must be signed by the chairperson, secretary and treasurer. It is not necessary to have the accounts independently audited. Deals with organisations whose total annual income from all sources or total expenditure is above 150,000 irrespective of the amount the organisation receives from HSE. In such cases, the organisation must submit annual accounts within 10 months of the end of its financial year end. The accounts must be signed by the chairperson, secretary and treasurer. The accounts must be independently audited. Requires the organisation to immediately inform the HSE of any changes to the organisation s bank account details. Informs the organisation that the HSE may require it to seek written approval before the organisation can sell or dispose of an asset where the grant has been used to buy or improve the asset. Conditions may be attached to the disposal and in such case will be set out in Section 11, Special Conditions. Obliges the organisation to immediately notify the HSE and take all necessary action in the case of any suspected fraud or misappropriation within the organisation or relating to activities arising from the grant and to cooperate with any HSE directions in relation to such cases. Section 5 Governance Requirements Equality: This section deals with equality matters. Section 5.1 Section 5.2 Requires the organisation to comply with a range of legislation relating to equality and disability and to ensure that it has the necessary structures and systems in place to ensure compliance. States that the organisation will not discriminate on the grounds of gender, civil or family status, age, race, religion, disability, sexual orientation or membership of the Traveller Community.
Section 5.3 Allows the organisation to target activities towards specific groups in order to address discrimination or social exclusion without breaching the provisions of Section 5.1 or 5.2 above. Section 6 Governance Requirements Employment Practices: This section deals with matters relating to the employment practices in the organisation. Section 6.1 Section 6.2 States that the organisation is responsible for employment and recruitment of staff and will comply with all statutory employment obligations including obtaining Garda clearance where necessary, for example where staff have access to children and/or vulnerable adults. States that the organisation is responsible for all aspects of payment of staff and making and remitting all appropriate statutory deductions and the HSE has no obligation or liability in respect of the organisation s staff. Section 7 Governance Requirements Data Protection and Freedom of Information: This section deal with matters relating to the organisation s obligations in terms of Data Protection and Freedom of Information. Section 7.1 Section 7.2 Section 7.3 Section 7.4 Section 7.5 Requires the organisation to comply with the Data Protection legislation, with its obligations as a data controller and all data protection rules and policies set out in the HSE s code of practice. On foot of a written request, requires the organisation to provide data to the HSE as a result of an enactment, by rule of law or by order of a court. Without prejudice to 7.2 above, requires the organisation to provide any information that may be reasonably requested by the HSE. In order to do so, the organisation must ensure that it has obtained all relevant consents etc which are required by law. Requires the organisation to promptly inform the HSE of all details regarding any suspected breach of security that would give rise to the unauthorised release of information. The organisation must inform the HSE of any communication with the Office of the Data Protection Commissioner. If any information held or prepared by the organisation is required by the HSE in order to respond to a request for information under the Freedom of Information legislation, this will be promptly supplied to the HSE. The HSE shall have no liability for any disclosure made by it in accordance with the requirements of the legislation. Section 8 Monitoring and Accounting for the Activities: This section deals with matters relating to monitoring and accounting for the activities carried out using the grant funding. Section 8.1 Requires the organisation to be able to demonstrate that it is carrying out the work funded by the grant as set out in the
Section 8.2 Section 8.3 Section 8.4 Section 8.5 Section 8.6 Section 8.7 Section 8.8 agreement and that it is providing a quality service. Requires the organisation to keep records of any complaints from users and staff and to provide reports on any complaints to the HSE if requested. Requires the organisation to co-operate with any review or reporting arrangements as set out in the Schedule. Requires the organisation to allow reasonable access to its premises, personnel and records by the HSE and to carry out inspections of same and to observe the activities of the organisation. The organisation will co-operate with and respond to queries from the HSE in relation to the use of the grant. Allows the HSE, in addition to normal monitoring, to make enquiries, visits and inspections where it has serious concerns in relation to the organisation or the use of the grant and the organisation must comply with such enquiries. Requires the organisation to acknowledge and quantify the grant in its annual report and in its accounts and in any other publicity material relating to activities funded to any extent by the grant. Requires the organisation to co-operate with the National Lottery and/or HSE in relation to publicity activities. Requires the chair of the organisation to supply a written statement at the end of the year to certify that the grant was spent for the intended purpose. Section 9 Contacts and Review This section deal with contacts, the management of disputes between both parties and review of the grant or the agreement. Section 9.1 Section 9.2 Section 9.3 Section 9.4 Section 9.5 Details of the HSE manager and the nominee of the organisation dealing with the grant should be inserted here. Dispute Resolution Section Sets out details of the HSE manager who should be written to by the organisation in the event that an issue cannot be resolved through discussion with the HSE manager named in Section 9.1. Obliges the organisation to notify the HSE of any difficulties and disputes within the organisation which are likely to have an impact on activities funded by the grant and any corrective action being taken by the organisation. Sets out a list of situations where the HSE may review the grant and/or the agreement where it is of the opinion that: (a) the organisation is not meeting the terms and conditions (b) the organisation fails to carry out the agreed activities (c) the grant was or is being used for purposes not agreed to by the HSE (d) the organisation provided misleading or inaccurate information when applying for the grant or during the year of the grant (e) any member of the organisation acted in a dishonest, inappropriate or negligent manner during the term of the agreement (f) the organisation is at risk of closing down, becoming insolvent etc.
Section 9.6 States that the HSE will give the organisation reasonable opportunity to respond to concerns raised by a review and will try to agree an approach with the organisation in relation to any review or actions arising. Where agreement is however not possible, the HSE may decide to terminate Section 10 Payment and Indemnity This section deals with insurance coverage and the date or schedule of payments regarding the grant. Section 10.1 Section 10.2 Section 10.3 Requires the organisation to ensure that it has appropriate insurance cover for activities undertaken with the grant funding States that the HSE will not be liable for any loss, cost, claim etc incurred by the organisation whether or not they arise from activities covered by the agreement. This section specifies the dates on which the grant will be paid to the organisation. If the grant is paid in instalments, the schedule of dates and amounts should be included. Section 11 Special Conditions This section should be completed when there are special conditions attached to the payment of the grant. Section 12 Variation This section deals with potential changes to the grant aid agreement Section 12.1 Section 12.2 The agreement may be varied in writing and signed by both parties. A contract change note must be completed in order to request a change to the agreement. States that the HSE can amend the agreement by notice in writing to the organisation and sets out examples of where this may happen eg change in legislation Section 13 Confirmation and Execution This section provides confirmation that the person signing on behalf of the organisation has the authority to do so and is committing the organisation to comply with the terms of the agreement as well as accepting these on behalf of the organisation. It must be signed by the person acting for the organisation and countersigned by the relevant HSE person authorised to sign on behalf of HSE.
Appendix 1 Service Specification Schedule Organisational Overview This part should be completed to give details of the Organisation receiving the Grant. It should include areas such as the Organisation s mission, objectives and current activities. Purpose for Use of the Grant This part must specify details of the service to be provided by the organisation for the Funding provided by the Executive, as set out in Section 11 of the Grant Aid Agreement. It should contain as much detail as possible in relation to the use of the Grant. In the case of National Lottery funding, this section should match the information supplied in the Application Form. Client Group This part should provide details of the target Client group(s) that will benefit from the services provided for the Grant funding. Reporting Schedule (Timetable) This part should contain a timetable setting out the specific dates by which performance data should be submitted by the organisation in relation to the service provided from the Grant funding. Specific arrangements regarding any review process in relation to the Grant should also be set out in this part. Where annual funding is over 50,000 for the year, in accordance with the HSE Financial Regulations, at least one formal review meeting should be held with the organisation. The meeting should be conducted in line with HSE Policies & Procedures which are available on the HSE Internet site. Appendix 2 Contract Change note: This suggested standard letter will be used when there is a requirement to vary/change the Agreement. Appendix 3 Consists of guidelines on the Organisation requirements in order to comply with the HSE Grant Aid Agreement: Page 1 details requirements for grants up to 9,999, Page 2 for grants between 10,000 and 49,999, Page 3 for grants between 50,000 and 149,999 and Page 4 for grants between 150,000 and 250,000.