September 2, 2010

Listener's questions answered - September 2, 2010

Midland Radio 3

 

Citizens Information Slot

 

 

Question 1

 

John in Roscommon has a severe problem with his spine and he applied for the disability parking disc and he is not illegible for the parking disc so he would like to know what state has a person to be in to get a disc?

 

Answer 1

Disabled Person's Parking Cards are available to people with certain disabilities     and those who are registered blind, whether they are drivers or passengers. The parking card can be used by a disabled person in any vehicle in which he or she is travelling. The parking card is valid for 2 years from date of issue. 

The parking card scheme is administered by the Disabled Drivers Association and the Irish Wheelchair Association. Apply in writing for the card to either organisation.

Rules

You will automatically qualify for a parking card if you hold a Primary Medical Certificate (exempting you from payment of VAT, motor tax and Vehicle Registration Tax), however, you must still formally apply for the parking card.

Local Health Offices of the Health Service Executive (HSE) process applications for a Primary Medical Certificate. If the HSE refuses your application for a Primary Medical Certificate, you may appeal the refusal to the Disabled Drivers Medical Board of Appeal, National Rehabilitation Hospital, Rochestown Avenue, Dun Laoghaire, Co. Dublin.  

Rates

The parking card costs €25. The fee is the same irrespective of whether it is a new application, or a renewal.

Lost or misplaced cards cost €50 to replace.

Illegally parking in a disabled parking space will result in an €80 fine, rising to €120 if unpaid within 28 days.

 

Question 2

 

Ann in Mullingar does the child benefit automatically stop at 18 even if they are doing their Leaving Cert and would someone who

 

Answer 2

Budget 2009 made changes to the age criteria for Child Benefit. From January 2010, children aged 18 will no longer get Child Benefit.

In 2010, you will get a compensatory payment of €15 per week if your child aged 18 is getting Disability Allowance or if you are getting:

·         A social welfare payment and getting an increase in your payment for the child aged 18

·         A Family Income Supplement payment which includes the child aged 18.

You do not apply for this compensatory payment, it is paid automatically on the 3rd Monday of each month.

Question 3

 

A listener is going to be left her parents house when they pass away and she is wondering will she be liable for taxes?

 

Answer 3

 

Gifts and inheritances can be received tax-free up to a certain amount. The tax-free amount, or threshold, varies depending on your relationship to the person giving the benefit. There are three different categories or groups. Each has a threshold that applies to the total benefits you have received in that category since 5 December 1991.

Group A applies where the beneficiary, the person receiving the benefit, is a child of the person giving it. This includes a stepchild or an adopted child.

It can also include a foster child if the foster child resided with and was under the care of the disponer and they provided the care, at their expense, for a period or periods totaling at least 5 years before the foster child reached the age of 18.

 

Question 4

 

Mary is 19 and living at home and would like to know if she was to apply for job seekers allowance, would she be tested on her parents’ income?

 

Answer 4

 

Yes, because Mary is under 24, some of her parents’ income will be assessed.

If you are 24 years of age or under and you are living with a parent or a step-parent in the family home, some of your parents' income will also be taken into account in the assessment for Jobseeker's Allowance. The Department calls this an assessment of the 'benefit and privilege' you get from living with your parents. 

If you have lived elsewhere in Ireland (or abroad) independent of your parents for at least 3 years, benefit and privilege is assessed as €7.

How to assess your parents income.

Step 1: Add together your parents' net income from all sources. (Net income is your gross income less income tax, PRSI, income levy, private health insurance contribution, superannuation and union dues).

Step 2: Deduct the following from your parent’s net income to get their assessable income:

·         Rent or mortgage repayments

·         Standard weekly allowance of €600 for a two-parent family or €470 for a one-parent family

·         €30 for each child up to 18 years of age and for all children over 18 years in full time education. However, you cannot deduct €30 for a child who is getting a social welfare payment in his/her own right.  For example, if there is a child 17 years of age and getting Disability Allowance in the household, you cannot deduct €30 from parental weekly income for this child. The child's social welfare payment is not included as income.

Step 3: After you have calculated your parents' assessable income, get 34% of this income.

Question 5

 

A listener is working with his uncle and isn’t sure if he is being put through the books as he was paying irregularly in cash and as the work is drying up would he be able to claim job seekers allowance even if PRSI wasn’t paid by his boss?

 

Answer 5

 

In the first instance, he should have been paying PRSI if he was working, it is illegal for an employer not to deduct this.  It is the responsibility of the employer to make sure that this is being paid.

 

However if you have not paid PRSI you may claim Jobseekers allowance, but you will be asked questions about his previous work history.

 

Question 6

 

John is working 49 and a half hours in the week, in his contract it says he can’t work over 48 hours and he is wondering what should he do? Also he has asked for holidays but has been told he can’t get time off as there is no one to cover for him, he has been working there 6 months. What are his rights?

 

Answer 6

 

First of all, is he being paid for 49.5 hours? 

The Organisation and Working Time Act 1997 states that the maximum average working hours in a week for many employees cannot exceed 48 hours. This does not mean that a working week can never exceed 48 hours; it is the average that is important. The average may be calculated in one of the following ways:

·         Over 4 months for most employees

·         Over 6 months for employees working in the security industry, hospitals, prisons, gas/electricity, airport/docks, agriculture and employees in businesses which have peak periods at certain times of the year such as tourism.

·         Over 12 months where there has been an agreement between the employer and the employees to this effect. The agreement between employer and employees must be approved by the Labour Court.

 

He should speak to his employer about this matter and see if the matter can be resolved.

 

With regard to his holidays, every employee is entitled to leave but when they can take the leave is determined by the employer.  After working 6 months he would be entitled to 2 weeks leave, so he should again speak to his employer and ask him when it would be a suitable time to take the leave.

 

Question 7

 

Ann’s car windows were smashed when she went to visit a friend and she is wondering, will she have to claim off her own insurance?

 

Answer 7

 

If she is covered by her insurance company for a broken windscreen, she can claim, otherwise she will have to pay for the replacement herself.

 

Question 8

 

Jack is getting the old age pension and has a pension from the UK will he still be able to get the fuel allowance and the household package as he lives alone?

 

Answer 8

 

If Jack is over 70, he will qualify for the household benefits package. 

 

If he is under 70 and in receipt of a state pension and living alone, he will also qualify for the package. If he was not in receipt of a state pension he would have to satisfy a means test.

 

With regard to the free fuel, the situation is slightly different.

In the case of someone getting a non means-tested payments, if you have savings and investments of more than €58,000 or a combined weekly income of more than €100 above the appropriate maximum State Pension (Contributory) for your situation.

 

Question 9

 

Pauline has joint custody of her two children with her x husband and she is wondering what she is entitled to?

 

Answer 9

 

If Pauline is not working or working and earning less than €425 per week, she could claim One Parent Family Payment, if she is earning over this amount she could claim Family Income Supplement.

For any separated or divorced person they must:

·                     Have been separated for at least three months

·                     Have made efforts to get maintenance from your spouse

·                     Be inadequately maintained by your spouse.

 

If she is receiving maintenance from her former husband some of this payment could be assessed as means.

 

If it is a case that she is not working she may qualify for the back to school clothing and footwear allowance and a medical card.

 

Question 10

 

Ann’s son is going travelling for a year and she is wondering if there is anything that he would be entitled to before he leaves as he is out of work and not heading off until the end of September?

 

Answer 10

 

Before you leave

Whether you are planning to go travelling abroad or moving to another country to work our document on general tips for travelling abroad outlines what you need to do before you leave. IFyou are going to the European Economic Area (EEA) or Switzerland to travel or look for work you should get the European Health Insurance Card. If you are travelling outside the EEA, you are strongly advised to seek specific holiday or health insurance before you travel. Before you leave you should check our documents on useful documentation to bring and diplomatic supports for Irish people abroad.

Working abroad

If you move to live or work in a country covered by EU Regulations, this means that for social security benefits/services, you are entitled to be treated in the same way as the nationals in the EU member state/EEA country that you move to. On a practical level, this means that you and your family are entitled to apply for any benefits or assistance available in the country in which you reside. If you are applying for insurance-based payments, any contributions made in other EU member states/EEA countries should be taken into account.

Social insurance contribution record

You can get forms S1 (formerly E104) and U1 (formerly E301) if you are moving within the EU/EEA - see 'How to apply' below. These forms provide details of your Irish social insurance record and you can use them when claiming sickness, maternity or unemployment benefits abroad.

If you don’t bring your S1 or U1 with you, the country you have moved to will contact Irish authorities and obtain a record of your insurance contributions when you apply to them for unemployment, sickness or maternity benefits. A request from another EU member state for your social insurance record will be prioritised by the Department of Social Protection so that you don’t lose out on any benefits due to you when abroad. 

If you are returning to Ireland from a country in the EU/EEA, you should bring an S1 and U1 form back with you as they will provide details of the insurance contributions you made in that country. The forms are presented at the relevant social security agency of the country you are living in when you are making a claim.

International Records Section

Department of Social Protection

McCarter's Road

Ardarvan

Buncrana

Donegal

Tel: (01) 471 5898 locall:1890 690 690