Know Your Rights

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Stupidly, it’s been a while since we caught up with the monthly Know Your Rights bulletins, but, hey, better very, very late than never.

Given that we missed a few along the way, we’re compiling a few months’ worth of sound advice here in one easy cut-out-a-keep post.

So, do cut this out, and keep it safe. As you never know when you just might need a helping hand from the County Wicklow Citizens Information Service.

Know Your Rights: Appealing Your Leaving Cert Results

I am unhappy with the result in one of my Leaving Cert subjects and think that I should have got a higher grade. How can I get the grade checked?

If you are not satisfied with the mark you got in a Leaving Certificate subject, you can appeal this result to the State Examinations Commission (SEC).
Before you decide to appeal, you can view your examination script at the school where you sat the exam. When you get your exam results, your school will get a personalised application form for you. If you want to view your exam script, you must complete this form and return it to your school by 21 August 2018.
The Organising Superintendent appointed by the SEC will assign you to one of the viewing sessions, on either 31 August or 1 September. You can only view your scripts from the written examinations – not the results of oral examinations or marks for practical examinations.
If you decide to appeal your result, you can use the online Appeals Application Service. This service will be available from 12 noon on 20 August 2018. You need your examination number and PIN to access this service.
When you apply online and pay the fee, you will get an Appeal Confirmation Form, which you must print and bring to the Organising Superintendent in your school no later than 3 September 2018.
If you cannot use the online service, you must contact the SEC for a personalised appeal application form, pay the appeal fee in a bank and get the bank to stamp the form to confirm payment. Bring the stamped form to the Organising Superintendent in your school no later than 3 September 2018.
Your script will then be sent to an appeal examiner for re-marking.
The appeal fee is €40 per subject for the Established Leaving Certificate. The appeal fee for the Applied Leaving Certificate is €15.50 per subject. You will get this fee back if your result is upgraded.

Know Your Rights: Renting Out A Room In Your Home

I have an extra room in my home and I would like to rent it out. Will I have to pay tax on this rental income?

If you rent out a room in your home, the rental income you earn is exempt from income tax, PRSI and the Universal Social Charge – provided it is less than €14,000 in a tax year (1 January to 31 December). This is called rent-a-room relief. Rental income includes the total rent and any money that the tenant pays directly to you for food, utilities, laundry or similar services. The income you get must be under the exemption limit of €14,000. If it is over this limit, you are taxed on the total amount.
Your home must be in the State and you must occupy it as your sole residence during the year of assessment. This means that it is your home for most of the year and is where people would normally expect to make contact with you.
Some self-contained units qualify for this relief but they must be attached to your home, for example, a basement flat in your home.
You do not have to own the property to get rent-a-room relief – you can be a tenant sub-letting to someone else. In this case, you should check with your landlord that sub-letting is allowed.
The rent-a-room relief applies only to residential tenancies, not to short-term guest arrangements, and tenants must use the room on a long-term basis. So, renting a room to a student for the academic year or for a one-month course is covered, but providing accommodation to occasional visitors for short periods, for example, through an online accommodation booking site, is not.
You cannot claim the relief if you are renting a room to your civil partner, son or daughter, or if you are an employee and your company pays you to allow clients to use the room on an occasional basis.

Know Your Rights: One-Parent Family Payment And Going Back To Education

I am parenting alone and getting a One-Parent Family Payment. I would like to go back to college. What are my options?

Your options depend on your circumstances. You can go back to education and transfer onto the Back to Education Allowance (BTEA) or you can choose to keep your One-Parent Family payment. You will need to assess whether it is more beneficial for you to transfer to the BTEA when you go back to education or to remain on your One-Parent Family Payment and apply for a student grant.

If you go onto the BTEA, you will not be eligible for the maintenance component of the student grant. However, you can apply under the student grant scheme for a fee grant to cover the student contribution and course fees/field trip costs (where appropriate). You can also keep your Rent Supplement, medical card and other secondary benefits you may have. If you qualify for the BTEA, you are also entitled to an annual Cost of Education Allowance of €500 as you have a dependent child.

If you stay on your One-Parent Family Payment and are studying full-time on an approved course, you can apply for both the maintenance and fee components of the student grant. If you study part-time, you may be able to keep your Rent Supplement. However if you go back to full-time education and stay on your One-Parent Family Payment, you will no longer be eligible for Rent Supplement. If you are on the Rental Accommodation Scheme or living in local authority housing, you continue to pay your differential rent. However, this may be affected by the student grant, depending on your other sources of income.

Visit studentfinance.ie to find out more about financial supports while studying.

Know Your Rights: Jobseeker’s Allowance For Young Jobseekers

I am 23 years of age and I live with my partner (aged 25) who is currently unemployed and getting Jobseeker’s Allowance. I am now also looking for work. How much Jobseeker’s Allowance am I entitled to?

In general, people aged under 26 get a reduced rate of Jobseeker’s Allowance.

As you are cohabiting, you have two payment options. Your partner could claim for you as a dependent adult on their Jobseeker’s Allowance claim. They would be paid their personal payment of €152.80 and €131.40 for you each week. This would give you a total household weekly payment of €284.20.

Alternatively, if you claim Jobseeker’s Allowance in your own right, the maximum personal amount you are eligible for is €107.70 a week. Even though the rate paid is less, it might be more beneficial for you because, as a claimant in your own right, you may be eligible for a range of training and employment schemes to help you into employment.

If you take up a place on a course of education or training or on an employment support scheme, you get a higher rate of payment. For example, all Back to Education Allowance (BTEA) participants aged under 26 who were getting a reduced age-related Jobseeker’s Allowance payment, get a maximum BTEA rate of €198 per week.

You can find the full list of current Jobseeker’s Allowance rates online at citizensinformation.ie.

Know Your Rights: Accessing Healthcare Abroad

There is a long wait for a medical procedure that I need. Can I get my medical costs refunded if I have the procedure done in another European country?

If you are entitled to public health services that are available in Ireland, you can access these services in the European Economic Area (EEA). You will be repaid the cost if you meet the requirements.
This is provided for by the Cross-Border Healthcare Directive. The Directive covers services that are publicly funded and available in Ireland. These include acute hospital services and community-based outpatient care. Other services covered include physiotherapy, ophthalmic, psychology, disability and mental health services. Occupational therapy services and dental and orthodontic services are also covered, but with some exceptions. The Directive doesn’t cover treatments that qualify for the Treatment Abroad Scheme (in general, treatments that are not available in Ireland).
You must be referred to the health service abroad in the same way that you would be referred to public health services in Ireland. This referral may be by your GP (family doctor) or public hospital consultant, for example. They may also be able to tell you whether the service you require is covered by the Directive. You can also check with the National Contact Point (details below).
If the treatment involves an overnight stay in hospital, it will need to be authorised in advance by the Health Service Executive (HSE). For other treatments, you should check whether prior authorisation is required. You pay the costs of treatment and then apply for a refund when you return to Ireland. The amount repaid is either the amount that the treatment would cost in Ireland, or the cost of your treatment abroad, if that is less. It does not include other costs such as travel. The HSE has published refund amounts for different treatments. To get a refund of treatment costs, you and your healthcare provider abroad must complete a HSE form. You then submit it with the healthcare provider invoice and receipt. The HSE provides an invoice format that it recommends using for the invoice to make sure it includes all the required details.
To find out more, contact the National Contact Point: phone (056) 778 4546 or email [email protected].

Know Your Rights: Consumer Rights During Sales

What are my consumer rights when I buy something in the sales? Can I return sales items?

Your consumer rights during a sale are exactly the same as at any other time of the year. Your rights do not change just because you bought the item in a sale. Goods should be of merchantable quality, fit for their intended purpose and as described. If they are not, you are entitled to a repair, replacement or refund.
If you are entitled to a refund because there is a fault with goods that you bought at full price, you should be refunded the amount you paid even if they are now on sale at a reduced price.
Shop notices such as “No Refunds” or “No Exchanges” do not limit your rights, if you have a complaint about faulty items. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer protection law if the goods are faulty.
However, you are not entitled to a refund because you change your mind about something you have bought in a shop, whether this is during the sales or at any other time of the year. Many shops do allow you to exchange goods that you have had second thoughts about, but this is at their discretion. It is a good idea to check the shop’s refund policy before buying anything.
If you buy goods at full price but change your mind about them, and they are now on sale at a lower price, you may only be offered the reduced amount (if the shop is willing to offer a refund).
You should always keep your receipts as proof of purchase and the price paid. This doesn’t necessarily have to be the shop receipt. You could show your credit or debit card statement (if you used one) or other documentation that proves it was purchased.
For more information, visit the website of the Competition and Consumer Protection Commission at ccpc.ie.

Know Your Rights: Prescription Charges

I have a medical card but I seem to be paying more than the monthly cap for prescription charges for my family. Why would this happen and how can I get a refund?

If you have a medical card, there is a charge for each prescription item you receive. From 1 January 2018, the prescription charge is reduced from €2.50 to €2.00 per item, up to a maximum of €20 per month per person or family (previously, the maximum was €25 per month).
Usually your pharmacy keeps records of how much you have paid in prescription charges and makes sure that you do not pay more than the limit each month. However, you may use different pharmacies in the same month, or your family members may not be set up as a family group, and you may end up paying more than the maximum.
If this happens, the Health Service Executive (HSE) will issue a refund without the need for you to apply for it. This is done on the basis of the information received from pharmacies.
You can set up your family as a family group on medicalcard.ie and print off a family certificate to give to your pharmacist. This will show all of the members of your family so that your pharmacy will not collect charges above the monthly limit. Your family is defined as you, your spouse or partner, any children under 16 years of age and any children between 16 and 21 years of age who are in full-time education.
If you do not have access to the internet, you can ask your Local Health Office to help with setting up a family group. You can also call the HSE on 1890 252 919 or ask your local pharmacist, who may be able to help you.

Know Your Rights: Treatment Abroad Scheme

I know that medical treatments available in Ireland can be accessed in other EU countries instead. What if I need a treatment that is not available in Ireland?

If you are entitled to public health services that are available in Ireland, you can access these services in the European Economic Area (EEA) and be repaid the cost under the Cross-Border Healthcare Directive.
If you are a public patient and need treatment that is not available to you in Ireland, you may be able to use the Treatment Abroad Scheme to get the treatment in another country in the EEA, or in Switzerland. The Scheme may provide help with your travel fare and, in some cases, the fare for a travelling companion.
You must be referred for treatment abroad by an Irish-based consultant who is treating you as a public patient. You cannot refer yourself or be referred by a GP.
You and the consultant complete an application form and include a copy of your referral letter. Your application must be approved by the Health Service Executive (HSE) before you travel or start treatment abroad. You usually get a decision on your application within 15 to 20 working days.
If your application is approved, the HSE will issue a form called E112. This authorises treatment abroad so that you do not have to make any payment to the healthcare provider. The treatment you have abroad must be in public healthcare under a registered medical practitioner. It must be in a recognised hospital or other institution that accepts the form E112. If you don’t have the form when you attend at your appointment, you may be charged and not be refunded. Any treatments or consultations that are not pre-approved will not be covered.
The Ombudsman has produced a report that suggests improvements to the application and appeals process. It recommends that, by the end of February 2018, the HSE produce a plan and schedule for making the suggested changes.
To apply for the scheme, contact the Treatment Abroad Scheme Office for an application form. You can get the contact details for your area by calling the HSE Infoline on the Callsave number 1850 24 1850 or online at hse.ie/treatmentabroad.

Know Your Rights: Online Dispute Resolution

What can I do if I have a problem with an item I’ve bought online?

If you are not happy with an item you have bought online, you should always contact the trader first to make a complaint. If you are not satisfied with their response, you may be able to get help.
If your complaint is against a trader here in Ireland, you can contact the Competition and Consumer Protection Commission for advice.
If the trader is in another EU member state, you can contact the European Consumer Centre Ireland (ECC Ireland). ECC Ireland may contact the trader and try to resolve your dispute. If this is not successful, ECC Ireland can advise you on other options.
You can also use the Online Dispute Resolution (ODR) platform. The ODR platform is operated by the European Commission for use by consumers living in the EU. It aims to help consumers and traders settle online disputes without the need to go to court. You use the platform to find a neutral third party (called a dispute resolution body) to handle your dispute.
You don’t have to pay when you submit a complaint using the ODR platform. However, a dispute resolution body may ask you to pay a fee if it agrees to handle your case. When a dispute resolution body agrees to handle your case it will tell you what the rules are, including how much you have to pay.
The outcome can depend on the type of dispute resolution body and their rules and procedures. Some decisions may not be binding on the trader. If you disagree with the outcome you might be able to appeal the outcome or take your case to court.

Know Your Rights: Maternity Leave

I recently started working in a new job on a part-time basis. I have just learned that I am pregnant – will I be entitled to maternity leave?

If you are pregnant while in employment, you are entitled to take maternity leave. The entitlement to a basic period of maternity leave from employment applies to all female employees (including casual workers), regardless of how long you have been working for the organisation or the number of hours you work per week. You are also entitled to additional unpaid maternity leave. The Maternity Protection Acts 1994 and 2004 provide your statutory minimum entitlements in relation to maternity at work, including maternity leave.
You are entitled to 26 weeks’ maternity leave together with 16 weeks additional unpaid maternity leave, which begins immediately after the end of maternity leave.
Your entitlement to pay and superannuation (pension payments) during maternity leave depends on the terms of your contract of employment. Employers are not obliged to pay women who are on maternity leave. You may qualify for Maternity Benefit from the Department of Employment Affairs and Social Protection (DEASP) if you have enough PRSI contributions. However an employee’s contract could provide for additional rights to payment during the leave period, so that, for example, the employee could receive full pay less the amount of Maternity Benefit payable.
If you have a dispute with your employer about maternity leave or if you have been dismissed due to a matter connected with your pregnancy or for claiming your rights under maternity leave legislation, you may make a complaint within six months of the dispute or complaint occurring. You must use the online complaint form available on workplacerelations.ie. The time limit may be extended for up to a further six months, but only where there is a reasonable cause which prevented the complaint being brought within the normal time limit.
You should apply for Maternity Benefit at least six weeks before your baby’s due date. Apply to the Maternity Benefit Section of the DEASP.

Know Your Rights: Cohabiting and Social Welfare Payments

I applied for a means-tested Jobseeker’s Allowance, but I was told that I’m not eligible because of my partner’s earnings. Why is this? We live together but we are not married and we split our expenses equally.

The Department of Employment Affairs and Social Protection (DEASP) treats married and unmarried couples in the same way when assessing entitlement to a means-tested social welfare payment. It assesses the total income of the household, rather than the circumstances of the individual claimant.
If you are married or are cohabiting, the means of your spouse or partner are also taken into account. This is the case even if only one of you is actually claiming a payment. The DEASP uses detailed definitions and criteria to assess whether a couple are cohabiting and you can read these online at welfare.ie.
The way the means of a couple is assessed can differ slightly, depending on the payment being applied for. For Blind Pension, State Pension (Non-Contributory) and Carer’s Allowance, the DEASP adds all of your means together and then halves the total to get the assessable means for each of you. For Jobseeker’s Allowance, Disability Allowance, and Farm Assist, the DEASP adds all your combined means together and then assesses the total against the maximum household payment for your circumstances.
If your partner is getting a social welfare payment in their own right, then your means are taken to be half of the total means of yourself and your partner.
Sometimes a certain amount of income, or income from particular sources, is not taken into account. This is called an income disregard. For example, a certain amount of income from employment can be disregarded.

Know Your Rights: Seniors Alert Scheme

I am a pensioner and live with my daughter who works full-time. I am on my own a lot of the time and I’m worried about my safety. I would like to get a personal alarm but I can’t afford one.

The Seniors Alert Scheme gives support to provide and install monitored personal alarm systems to older people of limited means. The scheme aims to support older people to continue to live securely and independently in their homes. The scheme is available through local community, voluntary and not-for-profit organisations registered with Pobal, the non-profit company that administers the scheme.
The personal alarm is worn as a pendant around your neck or around your wrist like a watch and connects to a base unit in your home. When the alarm is activated, it automatically rings a helpline, which is open 24 hours a day, all year round. A helpline operator talks to you through the base unit and decides whether to alert a local volunteer responder or, if necessary, the emergency services.
The alarm monitoring service is free for the first year. After the first year, you pay an annual monitoring fee. Charges vary by provider and the type of alarm or pendant.
People aged 65 or over with limited means are eligible for the scheme. You must also be either living alone, living alone for most of the day, living with someone who also meets the eligibility criteria, or caring for someone else in your household. You must be able to benefit from the equipment being supplied and willing to maintain contact with the group administering the scheme. The equipment is supplied and installed for free, however you must return it to the registered group if no longer needed.
Contact the local group administering the scheme in your area to apply. Pobal publishes a list of all registered groups in the country on its website pobal.ie. You can also contact Pobal at (01) 511 7000 for details of your local group.

Know Your Rights: Carer’s Support Grant

I’m a full-time carer and getting Carer’s Allowance. Last year I got a Carer’s Support Grant – will I get it again this year?

The Carer’s Support Grant is an annual payment made to full-time carers. The payment for 2018 is €1,700. It is paid on the first Thursday of June each year.
If you are still getting a carer’s payment on the first Thursday in June, the Department of Employment Affairs and Social Protection (DEASP) will pay the grant to you automatically, and you don’t need to apply.
People getting Carer’s Allowance, Carer’s Benefit or Domiciliary Care Allowance are paid the grant automatically. Full-time carers who are not getting one of these payments need to apply to the DEASP (unless they got the grant last year, in which case the Department will contact them about this year’s payment).
To qualify, you must be ordinarily resident in the State and caring for someone on a full-time basis for at least six months (including the first Thursday in June) and living with the person being cared for (or, if not, be contactable quickly by a direct system of communication, for example, telephone or alarm). The person you are caring for must not normally live in a hospital, convalescent home or similar establishment.
You won’t qualify if you are working, studying or training for more than 15 hours a week, getting Jobseeker’s Allowance or Jobseeker’s Benefit or signing on for credits.
To apply, fill in one application form (form CSG1) for each person being cared for (a grant may be paid for each person). Forms are available on welfare.ie. You can apply for the 2018 grant until 31 December 2019.

Know Your Rights: European Health Insurance Card

My partner and I are planning a holiday in Spain. How do we access public healthcare services if one of us becomes ill when abroad?

You and your partner each need a European Health Insurance Card (EHIC). This card allows you to access public healthcare services if you become ill or get injured when travelling to or visiting certain European countries. It doesn’t cover private treatment or the cost of repatriation to Ireland if required.
The countries covered by the card are the 28 member states of the EU, the three other members of the EEA (Iceland, Liechtenstein, Norway) and Switzerland. You don’t need the card for a visit to the UK if you can show that you are ordinarily resident in Ireland. In practice, this means showing a driving licence, passport or similar document.
If you have a smartphone you can download the free EHIC app. This includes emergency phone numbers and information about treatments and costs covered. The app does not replace the card.
If you already have a medical card or Drugs Payment Scheme card, you can apply online for your EHIC at ehic.ie.
Otherwise, you can download an application form from ehic.ie or get one from your Local Health Office. You need to provide your name, address, date of birth and Personal Public Service number (PPS number). You may also need to show proof that you are ordinarily resident in Ireland. If your EHIC has expired you can renew it online at ehic.ie. If your details have changed (for example, your address) you need to contact your Local Health Office to renew the card.
If you have concerns about getting a new or renewed card in time, you can get a Temporary Replacement Certificate, either online or from your Local Health Office. You may also wish to consider taking out private travel insurance for expenses that are not covered by the EHIC (such as the costs of repatriation).

Know Your Rights: New General Data Protection Regulation (GDPR)

I have heard that new data protection rules are coming in. What are these rules and how will they affect me?

A new General Data Protection Regulation (GDPR) comes into force across the EU on 25 May 2018. The GDPR strengthens your rights and gives you much more control over your personal data. It also introduces stricter measures for businesses and other organisations that collect, control and process your personal data.

Under the GDPR, personal data is data that relates to you or can identify you, either by itself or together with other available information. Examples of personal data include your name, phone number, bank details and medical history.

Under the GDPR you are entitled to:
Access the contact details of the organisation collecting your data
See a copy of the data held about you
Have it amended or erased if it is incorrect
Move or transfer your data
Object to the use of your data
Information about how your data is being protected

The GDPR also imposes more obligations on organisations that control and process your data. These organisations must design data collection systems that meet specified requirements, collect only the data that is absolutely necessary for their purposes, keep records of the processing activities under their responsibility, keep data secure and report any data breaches.

Find out more on dataprotection.ie and gdprandyou.ie.

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.