July 2010
Listeners queries answered
Question 1
Ken is working with a guy who is on a Part time contract and works 7am 7pm 6 days a week, is that legal?
Answer 1
He certainly is not working part-time. He is working at least 11 hours each day assuming that he gets a 1 hour break for lunch. That amounts to 66 hours a week which if he is doing this every week is breaking the law on maximum working hours.
The Organisation and Working Time Act 1997 states that the maximum average working 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
Exceptions
The provisions of the Organisation of Working Time Act 1997 on working time and rest periods do not apply to all employees. They do not apply to the Gardaν, Defence Forces, employees who control their own working hours or family employees on farms or in private homes.
There are separate regulations governing the working time of trainee doctors (SI 494 of 2004) and employees working at sea.
Employees employed in transport activities (SI 20 of 1998) and in certain categories of civil protection services (SI 52 of 1998) are currently exempt from provisions on maximum average working week and statutory rest breaks/periods.
Question 2
Can a married couple working claim tax relief for their children?
Answer 2
Generally speaking there is no tax relief for children the only exception to this is a tax credit for children with disabilities and this has no age limit so long as they reside with you, and are a dependent of yours. In 2010, the Incapacitated Child tax credit is 3,660
Question 3
A listener has been paying maintenance for his daughter but she is 21 and finished college does he have to continue paying maintenance?
Answer 3
Maintenance is usually paid to a child who is under the age of 18, or 23 if the child is in full-time education. If the child is over 18 and under 23 and the financial circumstances do not allow him/her to attend further education, maintenance can be applied for in order to facilitate further education. If the child has a mental or physical disability to such a degree that it will not be possible for the child to maintain him/herself fully, then there is no age limit for seeking maintenance for their support. Each party must disclose their finances to the court and the judge will consider all of the family's circumstances when making a maintenance order.
Question 4
A listener is on illness benefit for over a year, can they be changed to disability and what would their entitlements be as her husband has been unemployed for over 2 years?
Answer 4
Depending on the illness itself our listener might be able to transfer to Invalidity pension. She will need to have enough PRSI contributions.
Social insurance contributions
You must have at least:
- 260 (5 years) paid contributions since entering social insurance
- 48 contributions paid or credited in the last complete tax year before the date of your claim
The last complete tax year is the year before your claim. For example, if you claim Invalidity Pension in 2010, the last completed tax year is 2009.
Medical criteria
A doctor employed by the Department of Social Protection will decide if you are medically unfit for work and qualify on medical grounds for Invalidity Pension.
To qualify you must:
- Have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months (you will probably have been getting Illness Benefit or Disability Allowance during that time)
Or
- Be permanently incapable of work (in certain cases of very serious illness or disability, you can transfer directly from another social welfare payment or from your job to Invalidity Pension).
The advantage of changing over to this payment is that you will be awarded free travel and you may also qualify for the household benefits package. Your payment will alos increase by a small amount.
201.50 + 143.80 + 29.80 for each child.
Question 5
Mary is caring for her elderly mother and is wondering what would she be entitled to?
Answer 5
The obvious one is carers allowance and Im sure Mary may have this payment. She would then also have the respite care grant, free travel and could qualify for the household benefits package and the fuel scheme, depending on her financial circumstances.
The carers allowance is 212 each week.
Respite care grant 1700 each year in a once off payment.
If she qualifies for the household benefits package the value of the telephone allowance is roughly 25 per month.
Free television licence is worth 160 each year
And ESB allowance is 2400 units each year.
Question 6
Ann is wondering can she get a medical card as she is 48 and a widow, she has 2 children who are teenagers and she is wondering if there is anything else she would be entitled to?
Answer 6
She can apply for a medical card, but of course it will depend on her income whether she will qualify for it. If she is dependent solely on her widows pension she should qualify.
The income limits are:-
266.50 + 78 = 344.50.
If her income is above this she could qualify for the GP visit card.
The income limits are much higher, for instance it goes up to 400 + 117 = 517 per week.
In October she might qualify for the Fuel Allowance.
If she has a mortgage or pays rent she may also get help with these.
Question 7
Paul is getting disability allowance but he is hoping to spend a couple of weeks in
Answer 7
Under legislation you have no entitlement to be paid Disability Allowance while on holiday. However, in practice Disability Allowance may be paid for 2-3 weeks while you are on holiday abroad. It is advisable to let the Dept of social protection know that you are going on holiday.
Disability Allowance can be paid if you are studying an approved course outside the State under the Back to Education Allowance Scheme or getting medical treatment not available in
Des is wondering would he be able to get back to education grant if he returned to college? Hes 24 and been out of work for a year
Answer 8
To qualify for the Back to Education Allowance, you must be at least 21 years of age (24 years of age for a third-level postgraduate course).
If you wish to attend a second level course you must be getting certain Social Welfare payments for at least 3 months (78 days of unemployment*) immediately before you start the course.
If you wish to attend a third level course you must be getting a social welfare payment for 9 months (234 days of unemployment*) immediately before you start the course.
The course must also be full time.
Question 9
Amys daughter is starting college in
Answer 9
There is a means test applied for 3rd level grants but assuming that she will qualify she will get the grant while studying in the UK as long as the course is an approved course in a University in the UK.
The means test for a maintenance grant in 2010/2011 is based on your family's income for the previous full tax year (2009). However, if you or your family have had a change of circumstances (which is likely to be permanent) since 31 December 2009, your changed circumstances may be taken into account.
|
Number of dependent children |
Full maintenance |
Part maintenance (75%) |
Part maintenance (50%) |
Part maintenance (25%) |
Exempt from student service charge (SSC)* |
|
Fewer than 4 |
41,110 |
42,235 |
44,720 |
47,205 |
51,380 |
|
4 to 7 |
45,165 |
46,415 |
49,145 |
51,880 |
56,460 |
|
8 or more |
49,045 |
50,400 |
53,360 |
56,320 |
61,295 |
How much is the grant?
Ordinary maintenance grant rates for 2010
|
Rates |
Non-Adjacent Rate |
Adjacent Rate |
|
Full Maintenance |
3,250 |
1,300 |
|
Part maintenance (75%) |
2,435 |
980 |
|
Part maintenance (50%) |
1,625 |
650 |
|
Part maintenance (25%) |
810 |
330 |
Question 10
Denis in Portlaoise bought a washing machine about 6 months ago but it has broken down but the shop that he bought it from has closed down what can he do?
Answer 10
Consumers have very limited rights in cases where a retailer goes out of business. Consumer rights under the Sale of Goods and Supply of Services Act 1980 (SGSSA) would not apply. The consumer's contract is with the retailer, i.e. the person from whom the goods or services had been purchased. The obligations placed on traders under the SGSSA relating to redress in respect of faulty goods / services do not transfer to the liquidator /receiver.
However having said that there are a few suggestions that I can make.
- If the business that has gone was a subsidiary of a larger company, it may be possible to claim directly from the parent company
- If you were given a guarantee by the manufacturer, he/she would have the right to make a claim against the manufacturer if the goods purchased by the consumer were found to be faulty
Question 11
Mary has been working 3 days a week and been getting the dole she is wondering is there anything else she is entitled to?
Answer 11
She might qualify for a medical card or GP visit card. Rent or mortgage supplement.