Members within the Section 38 disability providers have raised the fact that some of these employers have stated they will not be applying the Article 109 injury grant due to not receiving the funding to do so.
In turn, this was raised by SIPTU at the national level through the National Joint Council. The HSE has responded to say that they have received legal advice which confirms the Section 38 employers have a commitment to provide for this benefit within their existing service level agreements.
Given this development, the HSE has stated they will now write to the relevant Section 38 employers and advise them of the legal advice. They will also be seeking clarity as to why the employers are refusing to apply this grant to workers. There is expected to be further engagement on this matter to resolve this matter given the legal advice received by the HSE.
Members in these areas are requested to engage with their local shop stewards and SIPTU Organisers to raise any issues they might be having regarding accessing the grant.