Know Your Rights: December 2018

Another month, another batch of fine missives from the Bray Information Centre about your rights.

This time out, it’s largely Christmas season-related, with advice on festive bonuses, silly season taxi prices, online shopping and new drink driving rules.

So, sit back, relapse, and get smart…

Know Your Rights: Taxi Charges

Can taxis charge higher fares over Christmas and New Year?
Yes, taxis can charge more on certain days over Christmas. There are three different rates under the National Maximum Taxi Fare; the standard rate, the premium rate and the special premium rate.
The standard rate applies from 8am to 8pm, Monday to Saturday. The premium rate applies at night from 8pm to 8am and on Sundays and public holidays. And the special premium rate applies between 8pm on Christmas Eve and 8am on St. Stephen’s Day and between 8pm on New Year’s Eve and 8am on New Year’s Day.
The rates are lowest at the standard rate and most expensive at the special premium rate. So, taxis can charge more when the special premium rate applies over Christmas.
The National Maximum Taxi Fare consists of 3 separate parts:
 Initial charge: amount which appears on the meter at the beginning of the journey. This is €3.80 at the standard rate and €4.20 at the premium rates. It includes an initial distance of 500m, or 85 seconds.
 Further travel: after the distance/time included in the initial charge has been exceeded, further travel is calculated on small portions of the journey. At low speeds, or when a taxi is stationary, the fare is calculated on the basis of time. The charges for further travel differ depending on what rate applies when you are travelling. The charges are lowest at the standard rate and most expensive at the special premium rate.
 Extra charge: there are strict rules about extra charges, including a booking fee, additional passenger charges and a soiling charge.
You can ask for a discount before engaging a taxi. Drivers have the right to charge the maximum amount calculated on the meter, or a lower amount at their discretion.

Know Your Rights: Online Shopping

I want to do some of my Christmas shopping on American websites. What are the
rules about VAT and customs duties when shopping outside the EU?
In general, when goods are imported into Ireland from a country outside of the EU, they are liable for import charges. These include VAT, customs duty and excise or other duties where relevant. You are importing goods if you buy items online from abroad or from a mail order catalogue. You are also importing goods if you get a gift sent from abroad. In some cases, you can get relief from import charges.
If someone sends you a gift from outside the EU, and it is valued less than €45, you do not have to pay customs duty or VAT. To qualify for this relief, the gift must be of an occasional nature and sent from one private individual to another.
You don’t have to pay VAT on certain goods from outside the EU if they are valued less than €22. The value is calculated as the full value of the item, plus postage and duties. This is also the value that is used to calculate VAT, if it is payable. If you buy goods from outside the EU valued at more than €150, you will have to pay customs duty as well. Customs duty is normally calculated as a percentage of the full value of the goods including the cost of postage, packaging and insurance. VAT, customs duty and excise duty are always charged on excisable products (such as alcohol, tobacco and perfume) from outside the EU, whatever their value.
All packages received from outside of the EU require a customs declaration, which is usually completed by the sender. The declaration should include a description of the goods, the value of the goods and whether they are gifts or commercial items. Some websites offer to undervalue your goods to avoid import charges. This is illegal. You, as the importer of the goods, are responsible for ensuring that the information provided is accurate and that all duties and taxes are paid. Some websites may also promise delivery from within the EU, which would eliminate any import charges, but they are in fact shipping their products from outside the EU. If this is the case, you are liable for duties and VAT.

Know Your Rights: Drink Driving Offences

I’ve heard the law around drink driving changed recently. What has changed?
Yes, the law around drink driving has changed. Since 26 October 2018, under the Road Traffic (Amendment) Act 2018, drivers who previously got 3 penalty points for certain drink driving offences will now be disqualified from driving for 3 months instead.
It is an offence to drive in a public place if the level of alcohol in your blood, breath or urine is above the prescribed alcohol limit. There are different alcohol limits for new drivers and experienced drivers. New drivers are drivers with learner permits or drivers who have held a driving licence for 2 years or less, or people without a valid licence or permit.
Drink driving offences can be dealt with through the administrative penalty system or the court system. However, the administrative penalty system only applies in certain cases, for example, where the driver has a valid licence or permit and their alcohol intake is below a certain level. The recent legislation changes the additional penalty for experienced drivers found with the lowest levels of alcohol in their system. These levels are:
a) 51mg to 80mg of alcohol per 100ml of blood
b) 68mg to 107mg of alcohol per 100ml of urine
c) 23mg to 35mg of alcohol per 100ml of breath
Previously, experienced drivers found with these levels of alcohol would be fined €200, and get an additional penalty of 3 penalty points. Now, these drivers will get the same €200 fine, but will also be disqualified from driving for 3 months.

Know Your Rights: Christmas Bonus

I am getting a social welfare payment. Will I get a Christmas Bonus this year?
The Christmas Bonus is paid to people getting a long-term social welfare payment.
This year it will be paid to people getting the following payments:
 State pensions
 Widow’s/Widower’s/Surviving Civil Partner’s pensions
 Invalidity Pension, Blind Pension, Disability Allowance, Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance, Guardian’s payments, Partial Capacity Benefit
 Jobseeker’s Transitional payment, One-Parent Family Payment, Farm Assist, Deserted Wife’s Benefit and Allowance, Magdalene Laundry Payment
 Community Employment, Rural Social Scheme, Tús, Gateway, Back to Work Enterprise Allowance, Job Initiative, Back to Work Family Dividend
 Back to Education Allowance (BTEA), VTOS and Further Education and Training (FET) training allowance (people coming from jobseeker’s payments must have been on their payment and/or BTEA or VTOS or FET training allowance for 15 months)

For Jobseeker’s Allowance (JA) or basic Supplementary Welfare Allowance (SWA), you must have been getting the payment for 15 months to get a Christmas Bonus. However, if you were getting another eligible payment immediately before claiming JA or SWA, and your combined time on both eligible payments is 15 months, you will get the Christmas Bonus.
In 2018, the Christmas Bonus is 100% of your normal weekly payment (including the Living Alone Increase, the Island Allowance and the Over-80 Increase). Fuel Allowance is not included when calculating the Christmas Bonus. The minimum Christmas Bonus payment is €20. For Domiciliary Care Allowance (DCA), which is paid monthly, the bonus is 100% of the weekly payment.

Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public. See www.citizensinformation.ie for details of your local centre or phone our main office in Bray on 0761076780, and from the Citizens Information Phone Service, 0761074000.