Force Majeure claim process for individual or very localised closures due to Covid-19
Dear Service Provider
The Department of Children, Equality, Disability, Inclusion and Youth (DCEDIY) have advised that for services providing written evidence of the HSE directing them to close in full due to Covid 19, (thereby realising a condition of the force majeure clause of the various Funding Arrangements), funding will continue under their ELC/SAC programmes (ECCE, NCS, CCSP Savers and TEC Savers), for the duration of the force majeure event. If you have been instructed to close your premises due to Covid-19 by the HSE you should follow the procedures for claiming force majeure as outlined in all DCYA programme rules documents.
Services that close in whole or in part (e.g. Pod closure) due to Covid 19 concerns, without providing written evidence of instruction to do so by public health authorities, will not be given automatic funding under the force majeure conditions but instead will be considered on a case by case basis. Therefore, where services have been given a verbal instruction to close by public health officials, it is advisable that a follow up email be sought from the HSE official to ascertain in writing the closure date and the duration of that closure.
Services that choose to close in whole or in part due (e.g. Pod closure) to Covid 19 concerns without being instructed to by the HSE will not be given an automatic force majeure funding under the force majeure conditions but instead will be considered on a case by case basis with particular consideration given to evidence of unsuccessful efforts to contact the HSE.
Services that close in whole or in part due to staff shortages due to Covid 19, such as staff member/s instructed to self-isolate, will not be given an automatic funding under the force majeure conditions but instead will be considered on a case by case basis with particular consideration given to evidence of attempts to replace such staff.
Non - covid related staff shortages will not be considered under force majeure.
In relation to Covid 19 closure claims, please provide written evidence of the instruction to close. Details should include:
What are you required to do during the period your service is closed: