Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Partial Capacity Benefit is a social welfare scheme which allows you to return to work or self-employment if you have reduced capacity to work as a consequence of your illness or disability and to continue to receive a payment from the Department of Social Protection (DSP).
How do I qualify for Partial Capacity Benefit?
If you are currently getting Illness Benefit (for a minimum of 6 months) or Invalidity Pension and wish to return to work, you may qualify for Partial Capacity Benefit if your capacity for work is reduced by your medical condition. You will qualify for Partial Capacity Benefit if your restriction on capacity for work is assessed as moderate, severe, or profound. If it is assessed as mild you will not qualify.
The work you do while on Partial Capacity Benefit does not have to be for rehabilitative or therapeutic purposes.
You can check the financial consequences of starting work and claiming Partial Capacity Benefit by using the Benefit of Work Estimator tool on welfare.ie. or by calling in to your local Citizens Information Centre.
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I am in receipt of Invalidity Pension & thinking of doing voluntary work. Must I apply for Partial Capacity Benefit?
If you are getting the Invalidity Pension and want to do volunteer work, you must apply directly to the Invalidity Pension section for permission. You do not have to transfer onto the Partial Capacity Scheme if you wish to do voluntary work.
How long can I get Partial Capacity Benefit?
If you are coming from Invalidity Pension, your Partial Capacity Benefit (PCB) will continue for up to 3 years (156 weeks), or until you turn 66. You can apply for PCB again at the end of the 3 years. You will be reassessed to find out if you qualify.
If you are coming from Illness Benefit, your PCB payment will continue to the end of your entitlement to Illness Benefit.
If I transfer to Partial Capacity Benefit and start work but become ill again what are my options?
When you are getting Partial Capacity Benefit and you are unable to work for a period of time due to illness, you should contact the Partial Capacity Section and let them know about your situation
For short periods of illness (up to 8 weeks at a time), you can stay on Partial Capacity Benefit, but your weekly rate can be increased to the full Illness Benefit or Invalidity Pension personal rate.
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For longer periods of illness (greater than 8 weeks), DSP will reassess your Partial Capacity Benefit claim and you may return to your Illness Benefit or Invalidity Pension. If you become able for work again you can contact DSP about going back onto Partial Capacity Benefit.
What is the rate of Partial Capacity Benefit?
Partial Capacity Benefit is made up of a personal rate for you and may include increases for your qualified adult and qualified children. The personal rate of payment is based on the assessment of your restriction on capacity for work, whether you were in receipt of Illness Benefit or Invalidity Pension and your current rate of payment.
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Do I keep my entitlement to secondary benefits if I transfer to Partial Capacity Benefit?
If you were getting Invalidity Pension and were entitled to Free Travel or Island Allowance, you can keep these if you qualify for Partial Capacity Benefit. You cannot keep your Fuel Allowance.
You can also keep the Household Benefits Package but it will be means-tested after the first 2 years and annually after that. The means test has a weekly income limit.
This limit is the maximum rate of State Pension (Contributory) for your circumstances (this includes any dependents you may have) plus €120. Your weekly income limit is then compared to your weekly means in a means test.
If you were getting Invalidity Pension and a Living Alone Allowance (LAA) with your Invalidity Pension (or you start to live alone while you are getting PCB), your rate of PCB will be calculated on the basis of your Invalidity Pension and your LAA. So, for example, if your restriction on capacity for work is severe, your PCB payment will be 75% of your IP and LAA payment.
You should check with the Department of Social Protection to see how your Rent Supplement may be affected by your participation in the Partial Capacity Scheme.
How do I apply for Partial Capacity Benefit?
You complete a Partial Capacity Benefit form, which you can get from the Department of Social Protection or from your local Citizens Information Centre. A Medical Assessor will assess the restriction on your capacity for work.
This may require you to attend a medical assessment. You should include all appropriate medical evidence with your application. If you qualify for Partial Capacity Benefit, you are not required to send in medical certificates.
When should I apply?
You must apply for Partial Capacity Benefit (PCB) within 21 days of starting work. You can apply for Partial Capacity Benefit before you get a job. You must start work within 13 weeks of making your application.
Partial Capacity Benefit is not paid to people over 66. You should apply for a State Pension at least 3 months before your 66th birthday.
What are my options, if I apply for PCB and my application is unsuccessful?
You can appeal a decision on your claim for Partial Capacity Benefit to the independent Social Welfare Appeals Office. You should appeal within 21 days of getting the decision. If you need advice or assistance with your appeal, you should contact your local Citizens Information Centre for advocacy support.
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Ciara O’Gorman, Development Manager with South Munster Citizens Information Service looks at Domiciliary Care Allowance (DCA) which is a monthly payment for a child aged under 16 with a severe disability.
“The first thing to note is that Domiciliary Care Allowance is not means-tested, so you may qualify for it regardless of your income” says Ciara. “DCA is not based on the type of disability your child has but instead, it is based on their level of physical or mental impairment. In order to meet the qualifying conditions for this payment, you need to demonstrate that your child needs ongoing care and attention, substantially over and above what is usually needed by a child of the same age.”
The Department of Social Protection (DSP) has developed guidelines in relation to this . DCA Medical Guidelines which are available online or by calling into your local CIC.
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How to qualify for Domiciliary Care Allowance
To get Domiciliary Care Allowance (DCA), your child must have a severe disability that is likely to last for at least a year, and:
• Be aged under 16
• Live with the person getting the DCA for at least 5 days a week (there are some exceptions to this – see ‘Living at home’ below)
• Meet the medical criteria (see below)
• Be ordinarily resident in Ireland
Also, the person getting DCA for the child must:
• Provide for the care of the child
• Be habitually resident in the State.
Medical criteria
The legislation says to get Domiciliary Care Allowance, a child must have “a severe disability requiring continual or continuous care and attention, substantially in excess of the care and attention normally required by a child of the same age”.
Ciara elaborates “This means your child’s eligibility for DCA is not based on the type of disability or illness they have, but on the level of care and attention they need as a result. They must need this care and attention for daily living and for at least 12 months.
Before deciding on whether your child meets the medical criteria, the Department’s Medical Assessor looks at the following information:
• The history of the case
• All medical reports received (your GP fills out a medical report, and you should include reports from any relevant specialists)
• Your description of the care and attention needed by your child. (The application form lets you explain what extra care your child needs under a number of headings, such as personal care; communication; behaviour; safety; and sensory issues).
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Living at home
To qualify for DCA, the child must live at home with the person getting the allowance for 5 or more days a week. However, DCA may be paid where parents share the full-time care of their disabled child, but live apart. For example, where separated parents have joint custody, but the child doesn’t live with either parent for the required 5 continuous days each week.
In this case, DCA is paid to the parent who is nominated in writing by both parents, or to the parent who is getting Child Benefit for the child.
Child attends residential care
2You may get a half-rate DCA payment if your child is in residential care and goes home for 2 days or more a week. For example, a child who attends residential services from Monday to Friday and goes home at weekends. Children who are being cared for on a full-time basis in residential homes or other institutions are not eligible for DCA however” confirms Ciara.
Rate of Domiciliary Care Allowance
“The Domiciliary Care Allowance (DCA) rate is €340 per month and once in receipt of the payment, you will get it on the third Tuesday of every month for the current month. Be aware that there is no limit to the number of children for whom you can claim DCA. This means, if you are caring for more than one child who qualifies for DCA, you can get the monthly allowance for each child.”
Hospital stays
You can continue getting DCA for up to 26 weeks, in a period of 12 months, if your child is in hospital getting medical treatment (or other treatment) of a temporary nature. If your baby stays in hospital for medical treatment immediately after their birth, you can get DCA for up to 18 months while they are in hospital. This applies to babies born on or after 1 January 2023 only.
Other payments
“You can get Child Benefit with Domiciliary Care Allowance. You can also get the annual Carer’s Support Grant, which is paid automatically in June. You may qualify for Carer’s Benefit or Carer’s Allowance if you meet the criteria for these payments and remember, if you are already getting DCA, you don’t need to fill in the medical report part of the form when applying for Carer’s Allowance.
All children getting DCA can get a medical card without a means test.
How to apply for Domiciliary Care Allowance
To apply, fill in a Domiciliary Care Allowance application form (Dom Care 1). Ciara confirms “This form is available online but if you cannot download the application form, feel free to contact your local Citizens Information Centre who can give you one and even help you complete the form.
You should complete Parts 1 to 5 of the form and then your child’s GP or specialist should fill in parts 6 and 7 (the medical report) of the form. Be sure to include any reports and other information about your child’s disability, and the impact it has on their care needs.”
Optional extra medical form
If your child has a Pervasive Developmental Disorder (PDD), you can ask the medical professional (or specialist dealing with your child) to complete an additional medical form called DomCare3.
PDD refers to disorders characterised by delays in the development of social and communication skills. It includes Autism, Asperger’s Syndrome, Childhood Disintegrative Disorder and Rett’s Syndrome.
Ciara advises “This form is optional, because medical professionals may have already given a detailed report on your child’s medical condition and care needs. However, if you do not have a recent report from your child’s medical professional, the DomCare3 form can be useful. The completed form will explain your child’s conditions, cover any specific care needs your child might have as a result of their disability and will help the Department’s medical assessor decide on their eligibility.
Appeals
If your application is refused, you can appeal the decision to the independent Social Welfare Appeals Office. You must appeal within 21 days of getting the decision. Contact your local CIC for advice and support on how to appeal.
What happens when my child reaches 16?
DCA stops when your child reaches 16, so your last DCA payment will be for the month of their 16th birthday. The Department of Social Protection will write to you 3 months before your child’s 16th birthday to remind you that DCA will soon stop. At age 16, your child can apply in their own right for Disability Allowance.
Disability Allowance
“DA is a means-tested payment for people with disabilities who, as a result of their disability, are substantially restricted in undertaking work that would otherwise be suitable for a person of their age, experience and qualifications,” says Ciara. “The qualifying conditions for DA are different from the qualifying conditions for DCA, so your child is not automatically entitled to DA because they were getting DCA.
Your child should apply a few months before they turn 16, to allow time for their application to be processed. It is worth noting that the means test for Disability Allowance assesses the means of your child, and your income is not taken into account.
Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
The Local Authority Purchase and Renovation Loan (LAPR) is a government-backed mortgage and loan that helps you to buy and renovate a derelict or uninhabitable home.
The loan is for first-time buyers, and ‘fresh start applicants’, who have been unable to get funding from commercial lenders. It is an extension of the Local Authority Home Loan.
You must qualify for the Vacant Property Refurbishment Grant to get this loan.
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The loan has 2 parts, a fixed rate mortgage loan and a variable rate bridging loan. The interest-only bridging loan is for the amount you’ve been approved for the Vacant Property Refurbishment Grant. You pay the bridging loan back as soon as you get the grant.
The Local Authority Purchase and Renovation Loan website has information about the loan including an FAQ and a loan calculator. It is at www.purchaseandrenovationloan.ie
How do I qualify for the Vacant Property Refurbishment Grant?
To qualify for the Vacant Property Refurbishment Grant, you must meet the following criteria:
• The property must have been vacant for 2 years or more. You will not qualify if the property has been left unreasonably or purposely vacant so you can get the grant.
• The property must have been built before 2008. (Before 1 May 2023, only homes built before 1993 qualified.)
• You must own the property or be in the process of buying it.
• You must live in the property as your principal private residence when the work is completed or make it available for rent. If you are going to rent the property when the work is done, you must register the tenancy with the Residential Tenancies Board.
• You must have tax clearance from Revenue and your tax affairs must be in order.
• You must have paid your Local Property Tax, if applicable.
• You must not be a registered company or developer.
You can only get the grant twice. You can get one grant to refurbish a home to live in, and another for a home you are going to rent out.
You can get up to €50,000 to renovate a vacant property and up to €70,000 if the property is derelict. The grant is inclusive of the VAT cost of the works.
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How much can I borrow?
The amount you can borrow depends on:
• Your household’s borrowing capacity. You need to show that you can afford your monthly mortgage repayments, which must be less than 35% of your net household income.
• The loan to value for the home you are buying
• The Vacant Property Refurbishment Grant amount you have been approved for
• The level of renovation work you need for your home and the project viability
• The estimated value of your home
The value of your home for this loan is taken as the projected value of the property after the renovations are done. This value cannot exceed the maximum market property values for the Local Authority Home Loan in your area.
The maximum value is different depending on where your home is located. It is €330,000 in Cork.
There are also 3 project types for the loan:
• Vacant property and minor works: you can apply for 90% of the purchase price and renovation work for these projects.
• Vacant property and major works: you can apply for 85% of the purchase price of the home and 90% of the renovation costs for these projects
• Derelict: you must qualify for the derelict top-up of the Vacant Homes Refurbishment Grant for this type. You can apply for 80% of the purchase price of the home and 90% of the renovation costs.
There are different maximum amounts you can borrow depending on the project type you are applying for. See these limits on the Local Authority Purchase and Renovation Loan website.
You can use the calculator on the Purchase and Renovation Loan website to get an estimate of how much you can borrow and what your repayments will be.
What are the interest rates?
The Local Authority Purchase and Renovation Loan is made up of 2 parts, a mortgage and a bridging loan. The mortgage and the bridging loan have different terms and interest rates.
1. Interest rates for the mortgage part of the loan are fixed at:
• 4.00% for loans up to 25 years (APR 4.07%)
• 4.05% for loans over 25 years and up to 30 years (APR 4.13%)
Note: The interest rates for the Local Authority Purchase and Renovation Loan can change from time to time. You will get the interest rate that is available when you drawdown your loan and this rate is set for the term of your loan.
A fixed interest rate means that your monthly repayments remain the same for the term of the loan. You can pay off all or part of your mortgage, but you may have to pay a breakage fee.
You must sign up to the local authority collective Mortgage Protection Insurance (MPI) scheme. You pay MPI monthly in addition to your loan repayments.
2. Interest rates for the bridging loan are:
• 3.5% interest only variable rate for 2 years
The bridging loan is an interest only loan. You can get your bridging loan for the amount you’ve been approved for with the Vacant Property Refurbishment Grant. The bridging loan must be repaid once the grant is paid out.
Do I qualify for the Local Authority Purchase and Renovation Loan?
The Local Authority Purchase and Renovation Loan is available to first-time buyers and ‘fresh start’ applicants. Fresh start applicants include:
• People who are divorced, separated, or whose relationship has ended and who have no financial interest in the family home
• People who have gone through personal insolvency or bankruptcy
To qualify for a Local Authority Purchase and Renovation Loan you must:
• Be a first-time buyer or a ‘fresh start’ applicant, see above.
• Be aged between 18 and 70.
• Have a legal right to live in Ireland.
• Qualify for the Vacant Property Refurbishment Grant.
Have a gross annual income of less than €70,000 for single applicants and €85,000 for joint applicants.
• Be able to provide the minimum deposit for the loan.
• Be unable to get sufficient financing from commercial lenders for your project. You will need to provide evidence of insufficient offers of finance from two regulated financial providers, for example, a bank or building society. Alternatively you can provide letters of refusal for project specific reasons.
• Pass the creditworthiness assessment for the Local Authority Home Loan. For this assessment you will need to meet the requirements for income sustainability, employment and creditworthiness, as well as some other personal qualification requirements.
• Have been in continuous employment or self-employment for a minimum of 2 years, if you are the primary applicant. Secondary applicants must have been in continuous employment for a minimum of 1 year. Income from an alternative source may be acceptable.
• Show that you can afford your repayments. These repayments must be less than 35% of your net household income.
• Buy and renovate a home that is in the State.
• Occupy the property as your normal place of residence. You cannot use the loan for rental properties.
• Be able to show that your project is viable. This means showing that you can complete the renovations to the required standard at a reasonable cost.
How to apply for the Local Authority Purchase and Renovation Loan
To apply for the Local Authority Purchase and Renovation Loan, complete the application form.
You submit your application and supporting documents to the housing section of the local authority in the area where you want to buy and renovate your home. You can submit your application by post or in person. Contact your local authority to check how they would like you to submit your application.
You will get a decision in writing about your application.
Do I need to supply supporting documents?
You need to submit supporting documents with your application, some of which depend on your situation. The application form provides a checklist for applicants so that you can make sure you have all the documents you need before you submit your application. You can contact your local Citizens Information Centre to get further details on what is required.
Where to apply for the Local Authority Purchase and Renovation Loan
You apply to your local authority for the Local Authority Purchase and Renovation Loan
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
An end-of-life vehicle (ELV) is a car or light commercial vehicle (of less than 3.5 tonnes) which is due to be disposed of or scrapped.
So, when a car gets old and can’t be used anymore, it becomes an ELV. It’s important to recycle and dispose of ELVs properly so they don’t harm the environment.
You must dispose of an end-of-life vehicle using licensed authorised treatment facilities (ATFs). These are also called permitted scrapyards. End of life vehicles contain hazardous materials that can damage the environment.
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They can pose a risk to public health if not disposed of in a safe manner. For example, vehicles that contain lead acid batteries, lubricating oil, coolant, brake fluid, and catalytic convertors.
To make sure that old cars are disposed of in a proper way, there is a compliance scheme (ELVES) in place. This is to help improve standards in disposing of end-of-life vehicles.
You are committing a criminal offence if you (or an authorised treatment facility) dispose of an end-of-life vehicle illegally.
There is no charge for disposing of an ELV at an authorised treatment facility. When you have given your vehicle to an ATF, you should get a certificate of destruction.
If you (or an authorised treatment facility) dispose of an end-of-life vehicle illegally, you are committing a criminal offence.
Where can I bring my end-of-life vehicle?
You must leave an end-of-life vehicle at an authorised treatment facility. You will find details of these facilities on elves.ie
Each vehicle manufacturer or importer must have a national collection system in place. It must be with at least one treatment facility in every city and council area.
These facilities provide a free take-back service for vehicles of that producer’s brand. Independent treatment facilities are also available.
If you leave an end-of-life vehicle at an unauthorised facility, you will not get a certificate of destruction. You may remain recorded as registered owner of the vehicle on the National Vehicle File.
Authorised treatment facilities are not responsible for transporting your vehicle. You will have to arrange to bring the ELV to the facility yourself.
When you have left your vehicle at an authorised treatment facility, the owner or operator of the facility will:
• Issue you (if you are the registered owner) with a certificate of destruction
• Forward the details of the certificate of destruction to the National Vehicle and Driver File. These records are kept by the Department of Transport
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What services must an authorised treatment facility provide?
An operator of an authorised end-of-life vehicle treatment facility must:
• Issue the registered owner with a certificate of destruction (either electronically or in paper form)
• Make sure the facility is operated under an appropriate waste licence or permit
• Meet the minimum technical requirements for the storage, treatment and recovery of end-of-life vehicles and the storage of components containing fluids, spare parts, etc
• Keep records of end-of-life vehicle materials for reuse, recycling, recovery and disposal and report these records to local authorities annually
The vehicle must be treated within 10 days of being deposited at the facility.
Treating the vehicle includes:
• Removing the battery or batteries
• Removing the liquefied gas tank
• Removing (or neutralising) potentially explosive parts (including air bags)
• Removing, collecting, and storing fuel, oils, and other fluids (for example, brake fluid)
• Removing any parts containing mercury
All other parts of the car should, where possible, be recycled.
How much does disposing an end-of-life vehicle cost?
You cannot be charged for leaving an end-of-life vehicle at an authorised treatment facility, if:
• You are the registered owner of that vehicle and
• The vehicle is intact
If important parts of your car are gone (like the engine, gearbox or transmission), or there is waste inside your car, you might be charged.
What documents do I need to bring with me?
You must bring the vehicle registration certificate or log book with you.
Can I claim a refund of motor tax?
You may be able to claim a refund of motor tax if there is more than 3 months unexpired tax. You need a certificate of destruction from an end-of-Life vehicle authorised treatment facility. Contact your local motor tax office for more information.
How do I find an authorised treatment facility?
ELVES, the industry compliance authority has a searchable database of authorised treatment facilities (or scrapyards). The website is www.elves.ie
Are there penalties for illegally disposing of an end-of-life vehicle?
You are committing a criminal offence if you (or an authorised treatment facility) dispose of an end-of-life vehicle illegally.
If you do not take your car to an authorised treatment facility, you can be fined €100. If you don’t follow the rules about getting rid of your old car, like getting a certificate that says it was destroyed, you might have to pay a fine of €1000.
The Environment (Miscellaneous Provisions) Act 2015 introduced fixed payment notices (on the spot fines) for certain offences.
Other penalties for offences are set out in Regulation 35 of the Regulations and are:
• Summary conviction: a class A fine or 12 months imprisonment (or both)
• Conviction on indictment: a fine of up to €500,000 or 3 years imprisonment (or both)
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
It can be difficult to find private rented accommodation. So, to make sure you find somewhere that suits you, you should consider these questions before viewing places to rent:
• How much can you afford in rent and bills?
• What is the standard of the accommodation?
• What is the Building Energy Rating (BER) of the property?
• What is the location of the property? Is it near to your work or college?
• How long do you plan to stay there?
• Do you want to share a bedroom, bathroom or kitchen?
Most rooms, flats, apartments and houses to rent are advertised on accommodation websites. You can search for a particular type of accommodation and set up alerts for your specific requirements.
You may also find rented accommodation to let in the accommodation sections of newspapers, in advertisements in shops, by word of mouth or though social media pages dedicated to fining and renting accommodation.
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If you are a student you should also check on college notice boards and at your student union, many of whom keep accommodation lists
There are also accommodation or letting agencies. These are commercial organisations that help you find private rented accommodation. They may charge you a fee. Before registering with an agency, you should find out:
• Is the agency licensed?
• What services does it offer?
• If you pay a fee, in what circumstances will you get a refund?
• If you decide to register with the agency, make sure you get a receipt for any money you pay.
What to consider when viewing rented accommodation
Minimum standards apply to rented accommodation. You may find the following checklist helpful when viewing somewhere to rent.
• Are there any signs of dampness?
• Do the windows open?
• What security is available (such as window locks, burglar alarm)?
• Does it have a working smoke detector?
• Is there a fire alarm? Check fire evacuation procedures
• Who pays for the heating? What hours is it on, and who controls it?
• Is hot water available all or some of the time?
• Are the cooker and fridge clean and in working order?
• What sort of condition is the bathroom in?
• Do you have to share the bathroom, if so, with how many others?
• Is there storage for bicycles?
• Is there a bus route or other public transport nearby?
• Are there shops and other facilities nearby?
• Does the property have a parking space?
What should I do before I agree to rent somewhere?
Make sure that you can afford the rent being asked, either from your own income or with available State support, such as:
If you will be claiming Rent Supplement or HAP, make sure that you know the local maximum rent level allowed. There is some flexibility in certain situations, allowing for higher rents to be covered.
Be aware of your rights and your obligations as a tenant and your landlord’s rights and obligations. For example, your landlord must provide you with a rent book and ensure that the accommodation meets certain minimum physical standards.
They must also register the tenancy with the Residential Tenancies Board (RTB) every year.
If the landlord wants you to sign a fixed-term lease, don’t agree unless you are sure you want to stay for that length of time. If you leave before the end of a fixed-term lease, you may lose your deposit.
If you are renting a room in your landlord’s home, your tenancy is not covered by landlord and tenant legislation, but it is covered if you are renting a self-contained apartment or flat. Read more in our document on Sharing accommodation with your landlord.
At the start of a tenancy ask the landlord for a written list of all furnishings and appliances. You and the landlord should sign this list to show that you agree on the furnishings supplied and their condition.
This will help to prevent disputes during your stay and when you are leaving. This list should be included in the rent book.
Make sure that you note any signs of damage by previous tenants. You could photograph or otherwise record the existing condition of the property including any damage to walls, furniture or appliances.
If there are outstanding repairs, ask the landlord to state in writing that they will be completed.
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What are the rules about deposits?
Some landlords or agents may ask you for a holding deposit when you decide to take the accommodation. This is a sum of money you pay to hold the property before you sign the lease and enter into a contract with the landlord.
You should always get a written receipt for a holding deposit. Holding deposits are often not refundable if you don’t take up the accommodation.
You will be asked for a security deposit before moving into the accommodation. The landlord holds this deposit as security to cover any rent arrears, bills owing or damage beyond normal wear and tear at the end of the tenancy.
How much should I pay for a deposit?
You cannot be forced to make upfront payments of more than 2 month’s rent. This includes a deposit of a month’s rent and one month’s rent in advance. Students in student-specific tenancies can opt-out of this restriction and pay a larger upfront payment if they want.
Can I get help to pay a deposit?
If you are getting a social welfare payment and are unable to pay the deposit, the Department of Social Protection’s representative (formerly the Community Welfare Officer) may be able to help with paying a deposit under the Supplementary Welfare Allowance Scheme.
If you are in emergency homeless accommodation, your local authority may help with your deposit to get accommodation under the HAP scheme.
You should contact the housing section of your local authority for further information on this.
Can I lose my deposit?
You should get a receipt for any deposit you pay. Your rent book should state how much of a deposit you paid. You may lose your deposit if:
• You leave without giving proper notice, or leave before the end of a fixed-term lease
• You cause damage to the accommodation beyond normal wear and tear
• You leave with bills or rent unpaid.
What are rental scams?
Rental scams are when someone tries to take money from you when you are trying to find somewhere to rent. For example, the person might claim they can’t show you accommodation they have advertised, then take your deposit and disappear.
When you are looking for a place to rent, you should be aware of rental scams and how to avoid them. Before you make any payment or agreement with your landlord you should always view the property in person and make sure you are happy with the tenancy terms and conditions.
Rental scams generally fall into one of the following 3 categories:
• The scammer asks for a deposit but claims they can’t show you the property as they are out of the country
• The scammer is living at the property, shows it to different people and asks for rent off each one. They then disappear with the money.
• The process seems to go as normal, however, you are given fake keys and the scammer disappears
How do I avoid getting scammed?
There are a number of things you can do to try and avoid being scammed. You should:
• Inspect the property in person. Do not rely on online videos or photos when viewing a property. Take a picture of the landlord or letting agent’s ID where possible.
• Use a secure payment method. Avoid making cash payments or transferring money directly to someone without verifying their identity and visiting the property. Get a receipt for any payments you make and avoid using unsecure payment methods like wire transfers or cryptocurrency.
• Ask for a contract. Request a written contract, such as a tenancy or licence agreement. This will explain the terms and conditions of your tenancy.
• Do your research. Be familiar with current rental prices in the area you want to rent. If something appears too good to be true, investigate further before making a payment.
• Take your time. Don’t rush into making a decision. Scammers will often try to rush you, but it is important to take your time and do your research before making a decision.
• Look for advice. If you are unsure about something and suspect it may be a scam, you can contact Threshold for advice.
What should I do if I’ve been scammed?
If you realise you’ve been scammed, you should contact your bank or credit card company immediately.
If you have transferred money online or have given your bank details to someone, your bank can cancel your cards. If you have been charged already, you may be able to get the transaction reversed.
You should report the incident to your local Garda station. You should also report the scam to Threshold, who can help make other people aware of the scam.
Threshold is a useful source of information and advice on landlord and tenant issues, Tel: 021 427 8848
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you are entitled to public health services in Ireland, you may choose to access those services in another member state of the European Union (EU) or European Economic Area (EEA), which also includes Iceland, Liechtenstein and Norway, and be repaid the cost if you meet the requirements.
How does the scheme work?
In the same way that you would be referred to public health services in Ireland, you must be referred to the health service you require abroad.
This may be, for example, by your GP (family doctor) or public hospital consultant. In the case of some community-based services the appropriate referral could be by a Health Service Executive (HSE) professional such as a public health nurse, community dentist or HSE orthodontist.
Funding will only be reimbursed for healthcare that is publicly funded and available in Ireland but the referral may be to a public or private health service in the other country. You pay the costs of treatment and then apply for a refund when you return to Ireland.
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The referral letter should specify the healthcare required, the health professional abroad you are being referred to and their clinic, hospital or other location.
You, or the person referring you, should be satisfied that the healthcare provider abroad is qualified and suitable. If you wish to access information on services or service providers abroad please contact the National Contact Point for the other EU/EEA State.
Make sure that the service you are seeking to access abroad is covered by the Cross-Border Healthcare Directive. Your referring clinician can advise you about this but if you are in doubt you can contact the National Contact Point in Ireland to check.
Can I access healthcare in Britain or Northern Ireland?
You can no longer use the Cross-Border Healthcare Directive to access healthcare in Britain. The Northern Ireland Planned Healthcare Scheme is a temporary scheme that allows you to receive healthcare in Northern Ireland in a similar way to the Cross-Border Healthcare Directive.
The healthcare must be publicly available in Ireland. You must pay for the healthcare and then claim the cost from the HSE.
The Scheme is available until a permanent statutory scheme is approved. Residents of Northern Ireland can access healthcare in Ireland under the Republic of Ireland Reimbursement Scheme.
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What healthcare treatments are available under the scheme?
Examples of healthcare that is available under the scheme include:
• Day, in-patient and out-patient care in acute hospital services, including psychiatric services
• Community-based out-patient care
• Dental and orthodontic services (with some exceptions, such as dental screening services in schools)
• Speech and language services
• Occupational therapy services (with some exceptions, such as assessment for aids at home)
• Psychology services
• Physiotherapy services
• Disability services
• Ophthalmic services
• Mental health services
• Methadone programme
• Addiction care
Some health services are not included, for example, organ transplantation and long-term care such as nursing home care.
If the treatment involves an overnight stay in hospital then it will need to be authorised in advance by the HSE. For other treatment it is advisable to check whether prior authorisation is required by contacting the National Contact Point.
The application form for prior authorisation must be completed by you and by the medical professional who is referring you for treatment abroad. Completed applications take 15 to 20 working days to process and you will be notified of the decision by letter.
Prior authorisation is also required for healthcare that involves:
• Highly specialised and cost-intensive medical infrastructure or equipment
• Treatments presenting a particular risk for the patient or the population
• A healthcare provider that could give rise to serious and specific concerns relating to the quality or safety of the care
How do I apply for the refund of costs?
To get a refund of the costs that you pay for your treatment, you and your healthcare provider abroad must complete the HSE Cross-Border Healthcare Directive Pro-Forma Invoice and submit it with the invoice from the healthcare provider and receipt. The refund will only be made to the patient (or to the parents of a child patient).
The HSE has published the refund amounts for different treatments. Treatments are listed according to a code – you can get the code for your treatment from the healthcare professional who has referred you.
If you prefer, or if your treatment is not listed, you can get details of the refund rates from the National Contact Point.
The maximum refund for a hospital outpatient consultation is €130. If you have more than one consultation on the same day with consultants in the same speciality, the daily limit is €130.
For in-patient treatment, the charges for public in-patients in public hospitals in Ireland will apply. These charges will be deducted from the amount of the refund.
What are the contact details for the National Contact Point office?
It is based at St Canice’s Hospital, Dublin Road, Kilkenny. The telephone number is 056 7784546 and the email is crossborderdirective@hse.ie
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Ireland uses penalty points to enforce the rules of the road and improve road safety. If you commit a motoring offence, and the penalty for the offence includes penalty points, your driving licence will be endorsed with one or more penalty points.
Some traffic offences have other penalties, such as fines as well as penalty points. While penalty points are endorsed on your driving licence, the points do not physically appear on the licence.
Your penalty points are recorded on your driving licence record, which is held on the National Vehicle and Driver File operated by the Department of Transport.
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Penalty point endorsements remain on your licence record for 3 years and must be notified to your insurance company when applying for motor insurance. Endorsements on your licence record will often lead to an increase in your motor insurance premium.
How do penalty points work?
Penalty points are recorded on your driving licence when you are convicted in court of a driving offence that attracts penalty points or you pay a fixed charge notice that was issued to you for an offence that also carries penalty points
If you get 12 penalty points in any 3 year period, you are automatically disqualified from driving for 6 months. Learner permit drivers are disqualified if they have 7 penalty points. This lower threshold also applies for the first 2 years of a driver’s first full driving licence.
What are the rules in relation to fixed charge and penalty offences?
Fixed notice penalties are issued for driving offences that attract penalty points and/or just a fine.
If you receive a fixed notice penalty, you will be issued a notice by the Department of Transport.
If you pay the fixed charge fine within 56 days, you will get a further notice from the Department of Transport confirming that the penalty points will be added to your driving licence. The penalty points will be added to your licence 28 days after that.
If you do not pay the fixed charge fine within 56 days, you will get a summons to appear in the District Court.
If you are convicted of a driving offence in court, the court will notify the Department of Transport of the number of penalty points attached to that conviction.
The Department of Transport will then issue a notification that these penalty points will be added to your driving licence 28 days after the notification date.
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How long do penalty points stay on my licence?
Penalty points remain on your licence record for 3 years. Any period where your licence is out of date or you are serving a court disqualification does not count as part of the 3 years.
If you accumulate 12 points or 7 where applicable and are disqualified from driving for 6 months, the points which led to the disqualification are removed at the end of the 6 months.
But if you had more offences that had not been endorsed on your licence record by the time you started your 6 month suspension, these extra points would be added to your licence record and would remain on your licence for 3 years (from the time your licence was reinstated).
What happens to my licence if I have 12 penalty points or 7 where applicable?
If you have been notified by the Department of Transport that you have been disqualified from driving because you have reached 12 penalty points or more, you must surrender your driving licence to the National Driver Licence Service for the period of 6 months.
What motoring offences result in penalty points?
The Road Traffic Act 2002, as amended, legislates for motoring offences that incur penalty points. The Road Safety Authority maintains an up-to-date list of penalty point motoring offences.
Examples of how penalty points and fines are awarded.
Speeding offences:A fixed charge fine of €160, together with 3 penalty points. If you have been caught speeding on a police traffic camera, you will get a notice of your fine and penalty points for the offence by post. You have 28 days in which to pay your fine from the date the notice is issued to you.
If you do not pay your fine, the fine then increases to €240, which you must pay within 28 days. If after this time (56 days) you still have not paid your fine, the offence is referred to the courts.
If you are convicted in court of speeding offences and non-payment of fines, you will automatically receive 5 penalty points and a fine up to a maximum of €1,000.
Seatbelt offences: If you drive without a seatbelt or allow children under 17 years to travel in your car without a seatbelt, you will incur a fixed charge fine of €120.
You must pay this fine within 28 days or face an increased fine of €180 payable within 56 days of the offence. 3 penalty points will be added to your licence if you pay the fine on time.
If you are convicted in court for non-wearing of a seatbelt, 5 penalty points will be added to your licence and you will be liable to a €2,000 fine for a first offence. Read more about seatbelts and the law in Ireland.
Motor insurance offences: If you drive without insurance, you will get 5 penalty points and will have to appear in court.
The court can issue a fine of up to €5,000 and can send you to prison for up to 6 months. The court can disqualify you from driving instead of issuing penalty points.
Careless driving: If you drive ‘a vehicle in a public place without due care and attention’ you can get up to 5 penalty points on your licence and a fine of up to €5,000.
If careless driving causes death or serious bodily harm, you are liable on conviction on indictment to imprisonment for a term of up to 2 years or to a fine of up to €10,000 or to both.
What happens if someone else was driving my vehicle?
If the driving offence was detected by camera, the notice is sent to the registered owner of the vehicle. If the registered owner was not driving at the time of the offence they should fill out the form attached to the notice, giving details of the person who was actually driving.
This should then be returned to the Fixed Charge Processing Office with the original notice. Do not enclose payment. The Gardaí then issue a notice to the driver.
Do penalty points apply to all Irish driving licences?
Yes. Penalty points apply to both learner permits and full Irish driving licences. Penalty points also apply to drivers with foreign driving licences driving in Ireland.
If someone is driving in Ireland on a foreign licence, a record will be created for penalty points. If the driver accumulates 12 penalty points in a 3-year period, they are disqualified from driving in Ireland.
How do you find out how many penalty points you have on your driving licence?
To find out how many penalty points are on your driving licence record, contact the National Driver Licence Service (NDLS) at 0818 700 800 or email info@ndls.ie and quote your driving licence number.
What happens if you have penalty points from other jurisdictions?
Penalty points from other countries (including EU/EEA member states and the United Kingdom) are not recognised between states.
Although a European Convention on driving disqualifications was signed by the member states in June 1998, it is not currently in force.
However, the UK and Ireland have a separate agreement that allows each country to recognise disqualifications (but not penalty points) due to certain offences.
Can penalty points be cancelled?
If you have been issued with penalty points (or a fixed charge without penalty points), you can apply to the Gardaí for the points to be cancelled. You will have to show that there are good procedural or exceptional grounds for cancellation.
Procedural grounds – examples of this include:
• A technical problem meant that wrong information was recorded (for example, the wrong speed limit was detected)
• You are exempt from the offence, for example, you have an exemption from wearing a seatbelt. See our document on seatbelts)
• You have been penalised for not having tax or insurance, but you can show that you had motor tax or insurance at the time of the alleged offence
• The car had been stolen and you have been sent a fixed charge notice and/or penalty points for offences committed after the theft of the vehicle
• You no longer owned the vehicle
Exceptional grounds – examples of this include
• You broke the speed limit because you were bringing someone to the hospital
• You broke the speed limit because you were responding to an emergency in your home (for example, a fire or gas leak)
• You can get the Fixed Charge Notice Cancellation Request Form and guidance notes on filling out the form on garda.ie.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: “For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.”
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Springboard+ provides free higher education courses if you are unemployed and you are looking to return to work. You can also apply for a Springboard+ course if you are working, but you must pay a 10% contribution towards the course fee (level 6 courses are free).
What courses can I do?
Springboard has part-time courses from certificate (level 6) to master’s degree (level 9) on the National Framework of Qualifications (NFQ). Most of the courses are part-time and last for one year or less, but there is an increasing number of full-time courses and 2-year courses. Most courses are delivered online or as blended learning that combines online and classroom learning.
Courses offered include:
• Information and communications technology (ICT)
• Medical technologies
• Cybersecurity
• Sustainable energy
• Creative industries
• Online retail
You can find out more about the courses you can do with Springboard+ on their website www.springboardcourse.ie
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How do I apply for Springboard+?
Applications for Springboard+ courses for 2024-2025 are now open. To apply for a Springboard+ course, you choose the course(s) you are interested in on the Springboard+ website and apply online. You should follow the instructions on the website. If you are getting a social welfare payment, you should contact your Intreo Centre or local Social Welfare Branch Office.
You can apply for up to 10 courses, but you can only take one course at a time.
Am I eligible for Springboard+?
You can apply for Springboard+ if you are:
• Unemployed
• Employed
• A recent graduate
• Returning to education or work after being a carer or homemaker
• Updating your ICT skills
You must be living in Ireland and have your PPS number
You must meet the residency requirements and meet other eligibility criteria for EU and non-EU applicants. If you have been granted International Temporary Protection in Ireland, you may also be eligible.
Places on Springboard+ courses are limited. People who are on a qualifying social welfare payment will have priority when places are allocated.
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What are the requirements if I am unemployed?
To qualify for a free Springboard+ course, you must:
• Be unemployed
• Be actively seeking work
• Be available to take up work
When starting a Springboard+ course, you must either be getting a qualifying social welfare payment or be in one of the other eligible categories. You should contact your local Citizens Information Centre for more information about these.
You can also apply for Springboard+ if:
You are a qualified adult of working age (under 66) on someone else’s social welfare payment
You are signing for social insurance credits
You are also eligible for Springboard+ (with approval from a Department of Social Protection Employment Personal Advisor) if you are on one of the following schemes or payments:
• Community Employment
• Rural Social Scheme
• Tús
• Back to Work Enterprise Allowance
• Short-Term Enterprise Allowance
Is there an age limit?
Generally, there are no age restrictions unless you are a qualified adult on someone else’s social welfare payment. However, you must meet the eligibility criteria for both Springboard+ and your chosen course.
Can I qualify if I was previously self-employed?
You are eligible for Springboard+ if you were previously self-employed but are now unemployed and actively seeking work. You don’t need to be getting a social welfare payment. You must meet the residency criteria and provide a letter or statement from Revenue stating that you are no longer trading (or a similar letter from your former accountant).
What is the situation if I am employed?
If you are employed or self-employed, meet the nationality or visa requirements, and meet the residency requirements, you can apply to any available Springboard+ courses.
Can I apply if I am a recent graduate?
Only one-year full-time and 2-year part-time ICT skills conversion courses are open to recent graduates.
However, to participate on a NFQ level 9 (post-graduate) course, it must be at least one year since you completed your full-time undergraduate degree course (level 8).
Can I apply if I am returning to education or work after being a carer or homemaker?
You are eligible for Springboard+, if you have been out of the work environment due to childcare or other caring obligations and require upskilling or reskilling to get back to the workforce.
To qualify, you must meet the residency criteria and one of the following requirements:
• You have been on home or other caring duties for 9 of the previous 12 months, or
• You are economically dependent on a partner or spouse and have been unemployed for 9 of the previous 12 months
• You must provide supporting documentation and swear a declaration before a Commissioner for Oaths about your status.
What are the Springboard+ fees?
You do not have to pay any course fees or charges if you are unemployed. If you take up a Springboard+ course, you can keep your existing social welfare payment if you continue to fulfil the conditions for the payment. If you have started a course and lose your qualifying social welfare payment, you can continue your course.
If you are getting a jobseeker’s payment and participating on a part-time Springboard+ course, you will continue to get your jobseeker’s payment under the Part-Time Education Option (PTEO).
If you are getting a jobseeker’s payment and you are on a full-time course, you may have the option to transfer to a Back to Education Allowance (BTEA).
If you take up a job while on a course, Springboard+ will fund the fees for the full academic year.
If your course extends into another academic year(s), the fees will be decided by your college.
If you are employed, you must pay 10% towards the course fee at Level 7, 8 and 9 on the NFQ. However, Level 6 courses are free.
If you are getting the Working Family Payment (WFP), or if you are on a Community Employment Scheme at the start of the course, you will not have to pay the 10% course fee contribution.
Recent graduates must pay 10% of the tuition fee for ICT skills conversion courses.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Air passengers have specific consumer rights under European law. You have a right to get assistance from your air carrier and you may be entitled to compensation in certain situations.
Who does the law apply to?
The law applies to all passengers departing from an EU/EEA airport. It also applies to passengers departing from an airport outside of the EU/EEA but arriving at an EU/EEA airport on an EU/EEA licensed carrier (unless they have already received compensation or assistance in that non-EU/EEA country).
It does not apply if you are travelling free of charge or at a fare that is reduced and is not available directly or indirectly to the public. The law also does not apply if you do not have a confirmed reservation or relevant document (visa etc), if you do not arrive at the boarding gate at a good time or if you pose safety or security concerns.
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If you are denied boarding, or your flight has been cancelled or delayed, and the law does apply, the airline must provide you with a written notice setting out the rules for compensation and assistance. You must be offered 2 free telephone calls, fax messages, or emails. In addition, a sign must be displayed at the check-in area referring to air passenger rights under the law.
What does ‘denied boarding’ mean?
Denied boarding means that the airline has refused to accommodate you on scheduled flights and charters although you have a valid ticket, correct documentation (passport, visa etc.), you have confirmed your reservation on your flight and you have presented yourself for check-in within the required time limit as specified by the airline.
Denied boarding happens when airlines sell more tickets for a scheduled flight than there are seats on the aircraft.
Where a flight is overbooked the airline will first call for volunteers to surrender their confirmed reservations to the airline in exchange for agreed benefits. If there are not enough volunteers, the airline may deny boarding to passengers against their will but must compensate them and offer the appropriate assistance set out in the law.
In both situations you will be entitled to a choice of:
• Refund of the cost of your ticket within 7 days if not wishing to travel or
• Re-routing to your final destination at the earliest opportunity or
• Re-routing at a later date at your convenience, subject to the availability of seats
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What is care and assistance by the airline?
Free meals and refreshments must be offered depending on how long the waiting time is. Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, as well as transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.
If the airline does not give you the above assistance to you and you are forced to make your own arrangements, you should keep all your receipts. You are entitled to get reimbursed for your expenses.
What is my entitlement if the flight is cancelled?
Where your flight is cancelled, you are entitled to a choice of:
• Refund the cost of your ticket within 7 days or
• Re-routing to your final destination at the earliest opportunity or
• Re-routing at a later date at your convenience, subject to the availability of seats
You may also be entitled to compensation.
Are there situations where compensation is not payable?
You are not entitled to compensation if:
• You have received at least 2 weeks’ notice of the cancellation; or
• You have received between 2 weeks and 7 days’ notice but you have been offered an alternative flight departing no more than 2 hours before your original departure time and arriving at your final destination less than 4 hours after your original scheduled time of arrival; or
• You have received less than 7 days’ notice but you have been offered an alternative flight departing no more than 1 hour before your original departure time and arriving at your final destination less than 2 hours after your original scheduled time of arrival.
If the airline can prove that the cancellation was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.
Examples of extraordinary circumstances may include:
• Weather conditions
• Air traffic control restrictions
• Security risks and
• Industrial disputes that affect the operation of the flight
What are my rights if my flight is delayed?
Whether a delayed flight comes within the terms of the law depends upon the distance of the route involved and the length of the delay. The following flights are covered by the law:
• Delays of 2 hours or more in the case of flights of 1500 km or less
• Delays of 3 hours or more in the case of all flights within the EU of more than 1500 km, and all other flights between 1500 and 3500 km
• Delays of 4 hours or more in the case of all other flights
If your delayed flight is covered by the law, free meals and refreshments must be offered depending on how long the waiting time is.
Hotel accommodation must also be offered free of charge where an overnight stay becomes necessary, as well as transport between the hotel and the airport. You must be offered 2 free telephone calls, fax messages, or emails.
If the flight is delayed at least 5 hours, you must be offered a refund of your ticket instead of flying. A refund is a full refund of the ticket for the part or parts of the journey you have not made and for the part or parts you already made if the flight is no longer serving any purpose to your original travel plan. When relevant, it also includes a return flight to your first point of departure, at the earliest opportunity.
If the airline can prove that the delay was caused by an extraordinary circumstance which could not have been avoided, even if all reasonable measures had been taken, no compensation is payable.
What are the levels of Compensation paid?
Where a refund of the cost of the ticket is chosen and you are also entitled to compensation, the following compensation must be paid:
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When the choice is re-routing and you are entitled to compensation, the amount of compensation you are entitled to depends on the length of delay past your original planned arrival time.
What are the rules re upgrading and downgrading seats?
If you are offered a seat in a higher class than your original booking, the airline cannot charge you an additional payment for this seat.
If you agree to be placed in a lower class than on your original booking, you are entitled to reimbursement of a percentage of the difference in price. In other words, if you booked a business or first class seat and the airline offers you a seat in a lower class it must refund you a percentage of the ticket price you originally paid.
How do I make a complaint?
If you have a complaint about a cancellation, long flight delay or an instance of denied boarding, complain to the airline first.
If your airline does not resolve your complaint, you should send it to the appropriate national enforcement body. Each member state is responsible for departures from airports within its territory and arrivals into such airports from third countries on EU/EEA-licensed carriers.
The Irish Aviation Authority (IAA) is the national enforcement body in Ireland. It deals with complaints arising from flights departing from Irish airports or those arriving at an Irish airport from outside the EU/EEA on an EUEEA-licensed carrier. You can make a complaint online.
If you have a complaint about a flight returning to Ireland from the EU/EEA, you contact the national enforcement body in the EU/EEA state your flight departed from.
For example, if you booked a return flight from Dublin to Malaga and the outbound flight (i.e. the Dublin to Malaga flight) was cancelled then you should contact the Irish Aviation Authority (IAA). However, if the return flight (i.e. the Malaga to Dublin flight) was disrupted then you should contact the Spanish equivalent, the Agencia Estatal de Seguridad Aérea (AESA).
Find more information on your rights and how to make a complaint on www.iaa.ie. You can also find all the common questions about passenger rights in case of flight cancellation, delay or other areas.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: “For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.”
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
What is Parent’s Leave?
Parent’s leave entitles each parent to 7 weeks’ leave during the first 2 years of a child’s life, or in the case of adoption, within 2 years of the placement of the child with the family.
The leave period remains the same in the case of multiple births, for example if you have twins or if you adopt 2 or more children at the same time.
What changes to Parent’s leave come in from 1 August 2024?
From 1 August 2024:
• Parent’s leave will increase from 7 weeks to 9 weeks for children born or adopted after 1 August 2024
• You can claim the additional 2 weeks’ parent’s leave if your child is under the age of 2 on 1 August 2024 or your adopted child has been placed with your family less than 2 years on 1 August 2024
• You must complete the extra leave on or before your child’s second birthday or within 2 years of the adoption placement
• Parent’s Benefit will also increase from 7 weeks to 9 weeks for each parent (if you qualify)
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What is the difference between parental leave and parent’s leave?
Parental leave entitles parents to take unpaid leave from work to spend time looking after their children. Since 1 September 2020, both parents can take up to 26 weeks parental leave. You can get more information about parental leave.
Parent’s leave is specifically for parents during the child’s first 2 years.
This table explains the differences between the two types of leave for parents.
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What are the rules about parent’s leave
You must meet certain criteria to be eligible to take parent’s leave. You must:
• Be a relevant parent
• Take the leave within 104 weeks (2 years) of the birth of the child or in the case of adoption, from the date the child is placed with you (the placement date)
• Give at least 6 weeks’ notice to your employer
The legislation only provides for the minimum entitlement to parent’s leave. Your contract of employment may give you more rights.
Who can take parent’s leave?
Relevant parents can take parent’s leave for eligible children. A relevant parent is one of the following:
• A parent of the child
• A spouse, civil partner or cohabitant of the parent of the child
• A parent of a donor-conceived child as provided for under section 5 of the Children and Family Relationships Act 2015
• The adopting parent or parents of a child
• The spouse, civil partner or spouse of the adopting parent of the child (if the parents have not adopted jointly)
How can I take parent’s leave?
You can take this leave as:
• One continuous period of 7 weeks leave or
• Separate periods of not less than one week
Parent’s leave cannot be transferred between parents – except in specified circumstances such as the death of one of the parents.
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How much will I get paid during parent’s leave?
If you have enough PRSI contributions, you will get a weekly Parent’s Benefit of €274 per week. This is paid by the Department of Social Protection (DSP). Your employer does not have to pay you while you are on parent’s leave.
However, some employers do pay or top up your pay during the leave period – this is set out in your contract of employment.
Are there qualifying conditions for Parent’s Benefit?
You should apply for Parent’s Benefit at least 4 weeks before the date you start your parent’s leave. If you are self-employed you should apply for Parent’s Benefit 6 weeks before you intend to take parent’s leave. You need your child’s PPS number to apply for Parent’s Benefit.
You must have a certain number of paid PRSI contributions on your social insurance record. Your PRSI contributions can be from both employment and self-employment. You must meet the conditions when you apply. You can contact your local Citizens Information Centre for more information on the PRSI requirements.
If you are getting a Working Family Payment (WFP), you can continue to get your WFP with your Parent’s Benefit as long as you meet the qualifying criteria for both.
Are there any other rules for parent’s leave?
• You are treated as being in employment while you are on parent’s leave (and all other types of statutory leave for parents). You are entitled to return to your job after parent’s leave.
• Annual leave – you can build up annual leave while you are on parent’s leave.
• Public holidays – you are entitled to any public holidays that occur during your parent’s leave.
• PRSI contributions – you can get credited PRSI contributions while you are on parent’s leave.
Can I share my parent’s leave with my partner?
Both parents have an equal separate entitlement to parent’s leave. You cannot transfer your entitlement to your partner.
Where one parent dies, the surviving parent is entitled to leave for the amount of leave the deceased parent did not take from their 7 week entitlement (this is known as transferred parent’s leave).
How do I apply for parent’s leave?
You must give notice to your employer before you can take parent’s leave.
You must:
• Give your notice in writing
• Tell your employer at least 6 weeks before the leave is due to start
• Include the start date, the way the leave will be taken and how long the leave will last
Can my employer refuse my application for parent’s leave?
Your employer can only refuse parent’s leave if you are not entitled to it.
Your employer can postpone your parent’s leave for up to 12 weeks. Your employer could postpone your leave for the following reasons:
• Seasonal variations in the volume of work
• No replacement to carry out your work
• The nature of your duties
• The number of other employees also taking parent’s leave
• Any other relevant matters
What happens if a postponement of my parent’s leave takes me past the 2 year eligibility period?
The eligibility period for parent’s leave (up to a child’s 2nd birthday) can only be extended for up to a maximum of 12 weeks in circumstances where an employer has rejected the original dates within the 2 year period for business reasons.
When making an application for parent’s leave and Parent’s Benefit for dates outside of the 2 year eligibility period, you must submit supporting documentation to include confirmation from your employer detailing the reason for the rejection of the original dates, and confirming your employer has agreed the revised dates with you.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
“If you were adopted, you may want to find your birth family” says Ciara O’Gorman, Development Manager with South Munster Citizens Information Service.
“Alternatively, you might be a birth parent trying to trace your child who was adopted. The new Birth Information and Tracing Act 2022 provides a right of access to birth certificates, birth and early life information for people who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.”
She elaborates, “You can also access information if you are a child of a ‘relevant person’ and your parent has died, or you are the next of kin of a child who died in an institution. A ‘relevant person’ is someone who was adopted, the subject of an illegal birth registration, was boarded out or lived as a child in an institution.
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While it is possible to trace your birth family or child on your own (or with the help of a private detective), it is recommended to use the established official channels. This is to make sure that neither party is forced into something they are unwilling or unable to cope with.”
Birth Information and Tracing Act 2022
The Birth Information and Tracing Act 2022 was signed into law on 30 June 2022. This Act gives adopted people, people who were boarded out, or born in a Mother and Baby or County Home Institution, or people who had their births illegally registered the right to receive:
• Their birth certificate
• Information about their birth, early life and care
• Medical information relating to their own medical history, or that of a genetic relative important to the maintenance or management of the person’s health.
Contact Preference Register
“In July 2022, the new Contact Preference Register opened for applications. The Contact Preference Register is a way for people to state their contact preferences in relation to contact with family, including a request for privacy.
The Contact Preference Register (CPR) replaces the previous National Adoption Contact Preference Register (NACPR). All data from the NACPR was transferred over to the new register.
The CPR is similar to the NACPR with some additional functions” Ciara clarifies. “It allows people to register their wishes in relation to contact with family, as well as provide contact details, information and items for sharing with specified family members.
The CPR is not a tracing service however. The Adoption Authority is responsible for the CPR and the Adoption Authority is the agency that identifies all potential matches on the CPR.
The Contact Preference Register is where people can register their preference in relation to contact with each other. You can apply to join the register if you were:
• Adopted
• The subject of an illegal birth registration (where a birth was illegally registered and no formal adoption took place)
• Resident in Mother and Baby Home Institution or County Home
• Placed in a care arrangement.
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The following people can also apply to join the register:
• A parent of one of the above (or someone who believes they might be a parent)
• A relative of one of the above (or someone who believes they might be a relative)
• If the parent of one of the above has died, a friend of that parent who has information to share
• Next of kin of one of the above where that person has died
• Someone who provided care to a child in a care arrangement
• Someone who was a relevant guardian of an adopted person
To join the register, you need to be over 18. If you are an adopted child under 18, an adoptive parent may join on your behalf. There are 2 main types of contact that can be registered.
A preference for contact
• You wish to make contact with a specified person
• You wish to be contacted by a specified person
• You are looking for information about a specified person.
A preference for no contact
• You do not want any contact of any kind
• You do not want to have contact with the specified person but you are willing to provide • information if requested by a specified person.”
Updating your contact preferences
When an application for information is received, only preferences on the register at that point in time can be released with the associated information.
If you want to update your details or contact preferences you previously recorded on the NACPR, you need to fill out a new CPR application form and send it to the Adoption Authority with a copy of photo identification such as a passport or driver’s licence.
The Adoption Authority will acknowledge that it has received your application and update your details.
Where a preference for contact is registered
“If you register a preference for contact, and the Adoption Authority identifies a match, the Adoption Authority or Tusla will contact you. You will both be given the option to use a mediation service if you wish” says Ciara.
If you register a preference for contact and there is no match on the CPR, you may wish to begin a trace yourself. Visit www.birthinfo.ie for tracing application forms.
Where a preference for no contact is registered
“If a match is made on the register but a preference for no contact has been made, this preference will be communicated to the other person (the match) in an information session. During the session, you will be informed of your entitlement to your birth information, the parent’s right to privacy and their expressed wish for no contact. Once the information session has taken place, all available information will be released to you.
Where parents register a preference for no contact, they will be informed of their right to access counselling, which will be provided by Tusla. Counselling can also be provided to all parents and relevant persons who request it.”
Birth and Early Life Information
If you were adopted, boarded out, subject to an illegal birth registration (or suspect you were) or spent time in a Mother and Baby or County Home Institution as a child, you can access your information and records about your birth and early life, where this information is available. You must be over 16 to apply. You will get unrestricted access to all of the following information, where it is available:
• Birth certificate
• Birth information
• Care information
• Early life information
• Medical information
• Medical information of a genetic relative
• Illegal birth registration information
• ‘Provided items’
Any information or records relating to any of the above must be released.
What are ‘provided items’?
‘Provided items’ are any item held by the Adoption Authority or Tusla, which was provided by a relevant parent, carer or other family member for the purpose of being made available to another relevant person on request.
The item could be a letter, photograph, memento or other document or object. It could have been provided historically, or it could be an item which was lodged through the Contact Preference Register.
How do I apply?
Many societies, institutions, or agencies that held records in the past on people who were adopted, boarded or nursed out, had their birth illegally registered, or who lived in a mother and baby home as a child, have since closed.
At the time of closing, available records were transferred either to the Adoption Authority or Tusla for safekeeping. You will need to make an application to either one, or both, depending on which agency holds the records you are seeking access to.
Ciara cautions, “It is possible that both Tusla and the Adoption Authority may both hold information and records that you are requesting. You will need to make a separate application to each organisation to find out what information exists. You can get more information on accessing your birth and early life information, see birthinfo.ie.”
Tracing Service
If you want to locate and make contact with a birth relative, a Tracing Service is available to you.
The Tracing Service can assist with sharing information while supporting a level of contact (if any) that both you, and the person you are seeking, are comfortable with.
You can apply for the service if you were:
• Adopted
• Boarded out
• The subject of an illegal birth registration
• A parent or a genetic relative of the relevant person
• In a mother and baby home, county home or institution.
Information on the Contact Preference Register may be used as part of a Tracing Service search but it is important to note that they are two completely separate services and need to be applied to separately. There is no charge for the Tracing Service or to make a tracing request.
Counselling
The process of tracing your family, and the range of possible outcomes, can be very emotional. You may benefit from talking to a counsellor and talking to other people who have been through the same experience. Counselling can be provided by Tusla to all parents and relevant persons who request it.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
“The Additional Needs Payment is a payment to help you with an expense that you cannot pay from your weekly income” explains Ciara O’Gorman, Development Manager with South Munster Citizens Information Service.
“You may get an Additional Needs Payment if you are getting a social welfare payment, or if you are working and on a low income, regardless of the number of hours that you work.
You don’t need to be getting a social welfare payment and when you apply for the Additional Needs Payment, your income and circumstances will be assessed to find out if you qualify. The Additional Needs Payment includes the Exceptional Needs and Urgent Needs payments.”
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What can I get the Additional Needs Payment for?
“You can get the Additional Needs Payment to help you with an expense that you cannot pay from your weekly income. Some examples of this would be an increase in your fuel or electricity costs, perhaps essential repairs to your property, including motor vehicles, and replacing household appliances and furniture, funeral costs, deposits for private rented accommodation or bedding and cooking utensils, if you are setting up home for the first time.
Other examples would be food, clothing and shelter after an emergency event such as a fire or flood, recurring travel costs to hospital for appointments, or for visiting a relative in hospital or prison or prams, buggies, cots, or essential child safety equipment. This is not a complete list, other expenses can be covered too so it’s worth applying” says Ciara.
How to qualify for an Additional Needs Payment
To qualify for an Additional Needs Payment, you must live in Ireland, and have an income below the ‘weekly household income’ limit.
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Additional Needs Payment weekly household income limit 2024
Members of your household / Amount
Single person €444
Couple with no children €544
1 child. €645
2 children €746
3 children €847
4 children €938
5 children €1,064
6 children. €1,180
7 children €1,316
8 children €1,412
“When you apply for an Additional Needs Payment, your application will be assessed by a Community Welfare Officer (CWO) says Ciara. “The CWO will look at your circumstances and decide if you qualify for the payment.
Remember, in some cases, the CWO can provide a payment if your income is above the weekly household income limit, but it will depend on your exact circumstances. There is no set rate for an Additional Needs Payment and the amount you get will depend on your circumstances and what you need help with.”
How to Apply
You can make a paper application or apply online. Your application will be assessed by a Community Welfare Officer (CWO). You can apply online through MyWelfare.ie. You will need a verified MyGovID account. Alternatively, you can post your application for an Additional Needs Payment, or make an appointment with your local CWO, if you prefer.
If you can’t complete your application online, you can:
• Download an application form for an Additional Needs Payment (SWA1)
• Request an application by completing an online form
• Get an application form from your local Citizens Information Centre, the Community Welfare Service, or your local Intreo or branch office.
You will need some of the following to apply:
• PPS number for you and people in your family that are dependent on you such as your partner or children
• Proof of your identity such as Public Services Card, Driving Licence or Passport
• Proof of address such as a household bill
• Proof of residency such as an Irish Residence Permit (IRP) or EU/EEA passport or national ID card
• Proof of income and financial situation such as payslips and bank statements.
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Birth control or contraception is the use of medicines, devices, or surgery to prevent pregnancy. Ciara O’Gorman, Development Manager with South Munster Citizens Information Services advises; “You can get contraception from most pharmacies in Ireland. Most contraception will need a prescription from a GP but you do not need a prescription for emergency contraception or condoms.
You can get prescriptions for contraceptive drugs and devices, as well as advice about contraception from GPs, voluntary organisations and private family planning clinics. Voluntary and private family planning clinics usually have charges but may waive them or have lower fees in certain cases.
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“Free contraception has now been extended to women aged 32 to 35. This came into effect from 1 July 2024,” says Ciara. You can get free contraception if you are:
• A woman or person with a uterus
• Aged 17 to 35
• Living in Ireland.
What contraception costs are free for people aged 17 to 35?
• Any GP appointments about your contraception options
• Contraception prescriptions from your doctor (at participating pharmacies)
• Emergency contraception (the morning-after-pill)
• Fitting, removal and check-ups of long-acting reversible contraception (LARCs)
• Other types of contraception such as contraceptive injections, implants, IUS and IUDs (coils), the contraceptive patch and contraceptive ring
• Prescriptions for combined oral contraception (the daily pill)
How do I get free contraception if I am aged 17 to 35?
“You do not need a medical card” says Ciara. “You can book an appointment with a GP or doctor to discuss your contraception. This appointment will be free. If you do not have a GP or do not want to go to a GP you can also get free contraception from some family planning clinics, women’s health clinics, student health clinics or health centres. You can Freephone the HSE on 1800 700 700 to find a GP or clinic offering free contraception.”
At your appointment, you will need to give details of your PPS number, name, your date of birth and your address.
Your information is used to let the pharmacy know not to charge you for your free contraception prescription. You can also collect your free contraception from some family planning clinics.
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Medical Cards & Contraception
“If you have a medical card, you get free contraceptive drugs, devices and free GP services including contraceptive advice. You can also get emergency contraception with the medical card. You will have to pay a prescription charge for items you get from pharmacies under the medical card scheme.
If you do not have a medical card, and you are not eligible for the free contraception scheme, you will have to pay for contraception and contraceptive services. You may be able to reduce the cost of your contraception through the Drug Payment Scheme. For example, the cost of long-acting reversible contraceptives such as the IUS (hormonal coil) or IUD (copper coil). You may also be able to claim tax relief on medical expenses.”
You can get free condoms from:
• Sexual health or GUM (genitourinary medicine) clinics
• Some sexual health NGOs
• Many third level colleges
You can also buy condoms without a prescription from many supermarkets, newsagents and pharmacies. Condoms are not free under the medical card or free contraception scheme.
Emergency contraception
Emergency contraception is a back-up contraception. You can use emergency contraception to stop an unplanned pregnancy after you have had sex without using contraception, or if your method of contraception has failed (for example, the condom slipped, or you missed a pill).
You can choose different types of emergency contraception options:
• The emergency contraceptive pill (sometimes called the morning-after pill)
• The copper coil (also known as post-coital IUD)
You can use emergency contraception up to 5 days after having unprotected sex, but it is more effective the sooner you take it after unprotected sex. You can get emergency contraception tablets over the counter in most pharmacies without having to go to a doctor for a prescription.
You can get free emergency contraception if:
• You have a medical card, or
• You are a woman or person with a uterus, aged 17 to 35 and living in Ireland
Unplanned pregnancy in Ireland
“If you have an unplanned pregnancy and need support, the Health Service Executive (HSE) has free confidential counselling and information services to help you consider your options and access the services that you need” says Ciara. “My Options is a HSE free phone line (1800 828 010) and webchat (www.myoptions.ie) providing free and confidential information and counselling for people experiencing unplanned pregnancy. It’s important to note that this counselling and information service is also available to you if your partner is going through an unplanned pregnancy.”
• Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Many of us are looking forward to our summer holidays and some may have questions about their employment rights in relation to taking their annual leave. The following are some common queries which arise.
Should I be paid by my employer while I am on annual leave?
Annual leave is paid time off work. Holiday pay must be paid in advance at your normal weekly rate. If your pay changes from week-to-week (for example, because of commission or bonus payments), your holiday pay is the average of your pay over the 13 weeks before you take holidays.
Are all workers entitled to paid annual leave?
Yes, all employees are entitled to annual leave, including full-time, part-time, temporary and casual workers.
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How much annual leave am I entitled to?
Your annual leave entitlement depends on how much time you have worked in a leave year.
The statutory leave year runs from 1st April to 31st March. Most employers use the calendar year (January to December) instead of the official leave year to calculate your entitlement for administrative reasons, but this does not affect your statutory leave entitlements. Your employer should tell you when your leave year begins and ends.
There are 3 ways to calculate your annual leave entitlement. You can use whichever method gives you the greater (biggest) entitlement
• If you have worked at least 1,365 hours in a leave year, you are entitled to the maximum of 4 working weeks’ paid annual leave. You cannot use this method if you changed employment during the leave year.
• Calculate 1/3 of a working week for each calendar month in which you worked at least 117 hours.
• Calculate 8% of the hours you worked in the leave year, subject to a maximum of 4 working weeks.
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How do I calculate my annual leave if I am a part-time worker?
Generally, annual leave for part-time workers is calculated using option 3 above. This means you can get 8% of your hours worked. If you work full time for some months and part-time for the rest of the year, you should calculate the leave for the full-time and the part-time periods of work separately.
What happens my annual leave if I am off on Maternity leave or Parental Leave?
Annual leave is not affected by other types of statutory leave (that means leave provided for by law). Time spent on maternity leave, paternity leave, adoptive leave, parental leave, force majeure leave and the first 13 weeks of carer’s leave is treated as though you have been in employment.
For example, time spent on parental leave can be used to accrue (build up) your annual leave entitlement
What happens my annual leave if I leave my job?
If you are leaving a job without taking all the annual leave you are entitled to, your employer must pay you for the days you have not taken.
Can my employer force me to take annual leave?
Usually, employees can ask to take annual leave at specific times. Your employer can accept your request, or refuse your request. Your employer decides when annual leave may be taken, but this is subject to a number of conditions.
Your employer must take into account your family responsibilities, as well as the available opportunities for rest and recreation.
Your employer must discuss your annual leave with you (or your union) at least one month before you are to take the leave i.e. your employer cannot tell you on Friday that you must take annual leave the following week.
Can my employer offer to pay me extra in lieu of taking my annual leave?
It is illegal for an employer to pay an employee extra instead of allowing them take the minimum statutory annual leave entitlement, except where the employment ends and the employee has earned unused annual leave days. In that case the employer should pay the employee for any outstanding annual leave and public holidays.
What if I get sick while on annual leave?
If you are sick while you are on annual leave, you should get a medical certificate from your GP (doctor) as soon as possible to cover the days you were sick. Give the medical certificate to your employer as soon as you return to work.
This way, the sick days will not count as annual leave, and you can take your annual leave at a later date. Your employer cannot make you to take annual leave for time you were on certified sick leave.
Can I ‘carry over’ annual leave to next year?
Annual leave should be taken within the leave year. Depending on your employer, you can agree to take your annual leave within 6 months of the relevant leave year. Any further carrying-over (also called holding over) of annual leave would need to be agreed between you and your employer.
If you are on long-term sick leave and cannot take your annual leave due to illness, you can carry it over for up to 15 months after the end of the year it was earned. If you leave your job within these 15 months, you should get payment instead of the leave you did not take due to illness.
If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Ciara O’Gorman, Development Manager with South Munster Citizens Information Service outlines the supports currently available for carers.
“People providing care for family members often are so busy with their caring responsibilities that they don’t always have time to look at what supports are available to them. Some people don’t even think of themselves as carers, as they consider their work as part of an unspoken promise to be there for loved ones when they need them.
“Today I hope to give people a quick overview of what is available for carers so that they can get in contact with their local Citizens Information Centre to get more details.”
The two main social welfare payments for carers providing full-time care are Carer’s Allowance and Carer’s Benefit. You may also qualify for an annual Carer’s Support Grant.
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Carer’s Benefit
Carer’s Benefit is a short-term payment paid for up to 2 years to people who give up employment to care on a full-time basis for someone who requires full-time care and attention.
It is PRSI based and you have to have a certain number of PRSI contributions paid. People who are self-employed and paying a Class S PRSI contribution will not qualify.
Carer’s Allowance
On the other hand, Carer’s Allowance is a payment for people who are caring on a full-time basis for someone who requires full-time care and attention and will require it for at least 12 months.
You must satisfy a means test and the habitual residency condition to qualify for Carer’s Allowance.
“To claim either payment, you must complete an application form and submit to DSP. It is important that you put in detailed information in relation to the level of care that you are providing to support your application. If you need a hand filling out the form, please call your local CIC where staff will be happy to help.”
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Full Time Care
A person is seen as needing full-time care when they need continual supervision to avoid danger to themselves or they need continual supervision and frequent assistance throughout the day with normal bodily functions.
Ciara elaborates “For example, help to walk and get about, eat or drink, get washed or dressed. The Department of Social Protection will decide if the person needs full-time care and their decision will be based on the information that the carer provides on the application form.”
The person being cared for must have their doctor complete, sign and stamp the Medical Report which is part of the Carer’s Benefit and Carer’s Allowance application form.
“This Medical Report is not needed if the person being cared for is a child who is getting Domiciliary Care Allowance” advises Ciara and the carer or the person needing care must not be living in a hospital or institution.
However, you can continue to be seen as providing full-time care if you or the person being cared for is having medical or other treatment in a hospital or institution for not longer than 13 weeks.
“The time spent providing care must not be less than 35 hours per week and if you are away, you must be able to arrange full-time care for the person you care for.”
Carer’s Leave
You do not have to give up your job if you are applying for Carer’s Benefit. Carer’s leave allows employees to leave work temporarily or reduce their hours to provide full-time care and attention for someone who needs it.
You can take Carer’s Leave for a minimum of 13 weeks and up to a maximum of 104 weeks. Carer’s Leave from employment is unpaid but your job will be kept open for when you return.
“However to get carer’s leave, you must have worked for your employer for 12 months without a break in employment” warns Ciara.
Employers are entitled to at least 6 weeks written notice from the employee of the intention to take Carer’s Leave. The person you will be caring for must need full-time care and attention. A deciding officer of the DSP will decide whether they need this care after checking with their GP.
If you have a complaint or dispute with your employer over carer’s leave, you should raise it with your employer first. If you cannot resolve the issue directly with your employer, you can make a formal complaint to the Workplace Relations Commission (WRC).
Working Whilst Caring
“We are often asked if a carer can do any paid work while on Carer’s Benefit or Carer’s Allowance?” says Ciara. “You can be employed, self-employed, in training or in education outside the home for up to a maximum of 18.5 hours per week.
If on Carer’s Benefit, the maximum amount you can earn is €350 per week after tax, PRSI & Union dues are deducted.
Changes to Carer’s Allowance in 2024
From June 2024, the weekly income disregard for Carer’s Allowance will increase to €450 for a single person and €900 for a couple.
If you currently get a reduced rate of Carer’s Allowance due to your means, your payment may increase from 6 June 2024. Your payment will be automatically adjusted to reflect the new income disregard, so you don’t need to re-apply.
The Means Test for Carer’s Allowance?
First of all, like Carer’s Benefit, you must be providing full-time care and attention to a person who requires that level of care. In addition however, you must be habitually resident in the State and pass a means test. In certain circumstances you may be eligible for Half Rate Carer’s Allowance
The main sources of income included in the means test for Carer’s Allowance are any cash income and capital income – this includes savings, investments, shares or any property you have (but not your own home).
The first €50,000 of your capital is not taken into account, or €100,000 if you’re in a couple. Any payment from the Department of Social Protection is not included in the means test.
Also, you can get up to €14,000 per year for renting out a room in your own home without it affecting your payment. Citizens Information staff can help you work out how the means test would apply in your individual situation
Rates of Payment
Carer’s Benefit is €249 per week if caring for one person and €373.50 if caring for two people. Carer’s Allowance is €248 per week if caring for one person and €372, if caring for two people. You can also get a child increase if you have a qualified child and the Carer’s Allowance goes to a higher rate when you are aged over 66.
Half-Rate Carer’s Allowance
If you are in one of the following situations you may qualify for half-rate Carer’s Allowance:
• Already getting Carer’s Allowance but also meet the qualifying criteria for another social welfare payment
• Changed from another social welfare payment to get Carer’s Allowance
• Caring for someone and being claimed for by a spouse, civil partner or cohabitant
• Getting a social welfare payment other than Carer’s Allowance and caring for someone.
Annual Carer’s Support Grant
The Carer’s Support Grant is paid to carers once a year by the Department of Social Protection (DSP). It used to be called the Respite Care Grant. The Carer’s Support Grant is €1,850 and it is paid once a year, usually on the first Thursday in June, for each person you are caring for. It is not taxable.
You cannot be working outside the home for more than 18.5 hours or signing for Jobseeker’s Credits. “You can apply for this payment even if you are not receiving Carer’s Allowance or Carer’s Benefit” and this is a key point that a lot of people are not aware of” says Ciara.
You can apply for a Carer’s Support Grant for any given year from April of that year until 31 December of the following year e.g. you can apply for the Carer’s Support Grant for 2024 at any time from April 2024 up until 31 December 2025.
Living Arrangements
“A lot of people think that you have to live with the person you are caring for but this is not the case” says Ciara.
“Non-resident care situations may require investigation by a Social Welfare Inspector before a decision can be made by the Deciding Officer. A direct system of communication must exist between the carer’s residence and that of the care recipient and this may be a telephone or alarm-type system. One last point to note is that the care recipient must not already be receiving full-time care and attention within his or her own residence from another person.”
Additional Supports
If you get Carer’s Allowance you may also get the Free Household Benefits Package (if you are living with the person you are caring for) and Free Travel. If you get Carer’s Benefit or Carer’s Allowance, at full or half-rate, you are eligible for a GP visit card.
If the person that you are caring for passes away, your Carer’s Benefit payment will continue for 6 weeks following the death, while Carer’s Allowance continues for 12 weeks.
If you would like more information about any of the issues covered here, please contact your local CIC. Staff will discuss your current circumstances with you and make you aware how the various schemes apply to your personal circumstances so you can fully consider your options.
At the end of the day, you will decide what option is best for you – but hopefully with our help, you will make your decision based on having all the information you need to make an informed choice.
Deirdre Vann Bourke, Kerry Citizens Information Manager, said: For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Owning a dog is a big commitment. If you own a dog, the dog is your responsibility. You must have a dog licence and get your dog microchipped. There are also additional responsibilities if you have a restricted breed of dog.
Your dog must be under your control, or the control of another responsible person if it is outside your home or premises. This means that you should make sure your dog is not a nuisance to others and you must follow the rules about where dogs are welcome.
It is also recommended that you keep your dog on a lead in public places. You are responsible for any injury or damage your dog causes to people or livestock.
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What should I consider before getting a dog?
Before getting a dog, you should consider if a dog is right for you and your home. It can be expensive owning and caring for a dog. You should ask yourself these questions:
• Does everyone in the house agree to getting a dog?
• Can I afford to feed and care for a dog?
• Will I have time to feed, care for and exercise my dog each day?
• What type of dog should I get, for example, which breed would best to suit my lifestyle and home?
• Who will look after my dog when I’m away from home?
• Will my landlord let me have a dog
Where to get a dog
If you have decided that you want to get a dog, you should source it responsibly. You should consider adopting a dog from a local authority dog shelter or an animal welfare charity. You can also contact a vet to get advice on where to get one.
You should research different breeders, if you are going to buy a dog from a dog breeder. Reputable breeders may have a waiting list. The Irish Kennel Club has information about how to find a reputable breeder when buying a puppy.
You can also buy a dog from a Dog Breeding Establishment (DBE). Gov.ie have a list of registered DBEs), or you can check your local authority’s website. A registered DBE will have a registration certificate on display in the premise.
You should never agree to collect a dog without seeing the dog in its home environment first. A reputable breeder should also be able to show you the dog’s mother. The ISPCA has useful information about what to do when buying a puppy.
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Do I have to get a licence for my dog?
If your dog is over 4 months old, you must have a dog licence. Puppies under 4 months who are still with their mothers don’t need a licence, but once they leave their mothers, they must have a licence. There are 3 types of dog licence:
• An individual dog licence, which costs €20 and is valid for 1 dog for 1 year
• A ‘lifetime of dog’ licence, which costs €140 and is valid for your dog’s lifetime
• A general dog licence, which costs €400 and is valid for 1 year. This covers multiple dogs at one location.
You can apply for an individual or lifetime dog licence at your local post office or online at licences.ie. A general dog licence application must be sent to your local authority.
Licences are not needed for Guide dogs for blind people
Do I have to get my dog microchipped?
A microchip is a tiny electronic device injected by a vet under the skin of the dog. The microchip is coded with a unique number for each dog. It can be scanned to find out who owns the dog. Microchips can be scanned by the vets, animal rescue organisations and the animal welfare unit in a local authority.
You must get your dog microchipped by a vet and registered under your name on an authorised database before they are 12 weeks old. This also applies if a dog leaves the property where they were born before they are 12 weeks old.
Getting your dog microchipped costs approximately €25. However, some organisations will do this for free or at a lower price, for example, the DSPCA mobile vet clinic.
Does my dog have to wear a collar?
A dog must always wear a collar or a harness. It must have the name and address of the owner on it. If your dog doesn’t have this identification, a dog warden can give you can an on-the-spot fine of €200. If you don’t pay this fine within the specified time-frame, you can be prosecuted by the local authority.
What powers does a dog warden have?
Dog wardens can:
• Request the name and address of anyone suspected of an offence under the Control of Dogs Act
• Seize and detain any dog
• Enter any premises to seize and detain a dog, apart from your home
You can be arrested by a Garda if you obstruct a dog warden in the course of their work, refuse to give your name and address to a dog warden and/or give a false name and address to a dog warden
A dog warden can ask you for evidence of your dog licence and if you can’t provide this, they can issue an on-the-spot fine.
My neighbour’s dog won’t stop barking. What can I do?
If your neighbour’s dog won’t stop barking, you should talk to your neighbour first. If you can’t resolve the issue with them, you can make a complaint to the District Court and look for a hearing.
When you get a court date, you must notify the dog owner using a court form, which is available from your local authority or the District Court.
Are there penalties for Dog fouling?
If your dog poos in a public place, you, or the person in charge of the dog, must remove the poo and dispose of it in a proper and clean way. Otherwise, it is an offence.
If your dog poos in a public place and you don’t pick it up, you can get a €150 on-the-spot fine.
What happens if my dog is lost or strays?
Stray dogs are dogs that are in a public place and are not with their owner or a responsible person who is looking after them. You can get an on-the-spot fine of €150 if your dog is not under proper control. Stray dogs can be seized by the dog warden or Gardaí and brought to a dog pound. These dogs may be put down or re-homed if their owners do not claim them within 5 days.
If your dog is lost, has strayed or is missing, you should contact your local dog warden to check if your dog is in the local shelter or dog pound. Before you collect it, you may have to pay a re-claim fee and produce a current dog licence.
If you have found a lost dog you can report it to the Irish Society for the Prevention of Cruelty to Animals (ISPCA) who will be able to help.
What are the rules in relation to restricted breeds of dog in Ireland?
No breed of dog is currently banned in Ireland. But, if you have certain types or breeds of dog, there are additional rules you must follow. This applies to the following types of dog, as well as strains or cross-breeds of these breeds:
• American pit bull terrier
• English bull terrier
• Staffordshire bull terrier
• Bull mastiff
• Dobermann pinscher
• German shepherd (Alsatian)
• Rhodesian ridgeback
• Rottweiler
• Japanese akita
• Japanese tosa
• Bandog
In Ireland restricted dogs (or strains and crosses of them) must be:
• Kept on a short strong lead (under 2 metres)
• With someone over the age of 16, who is able to control them
• Muzzled when in a public place
• Wearing a collar with the name and address of their owner, at all times
The rules on muzzling and leashing do not apply to dogs used by the:
• Gardaí
• Dublin Harbour Police
• State Airport Police
• Rescue teams in rescue operations
The rules on muzzling do not apply to guide dogs for the blind.
Are there specific rules if you own a greyhound?
Greyhounds are not a restricted breed. However, there are specific rules you must follow if you are out with your greyhound in a public place. You must always have your greyhound on a leash and never walk more than 4 greyhounds at a time
These rules apply to greyhounds, whippets as well as strains or cross-breeds of these breeds.
Are there rules about selling dogs in Ireland?
There are rules about the sale and supply of pets, including dogs. If you sell or supply 5 or more pets in a calendar year you must:
• Register with the Department of Agriculture, Food and the Marine
• Keep records about pet animals for sale or supply
• Include certain information if you are advertising an animal for sale. For example, if you are advertising a dog for sale, you must include its microchip number.
• Not sell or supply pets under a certain age. This is 8 weeks for dogs.
• If you are advertising a dog for sale, the advertisement must have the dog’s microchip code.
These rules are set out in the Animal Health and Welfare (Sale or Supply of Pet Regulations) 2019. There is a Code of Practice for people who sell and supply pet animals.
Where can I report animal cruelty?
If you suspect animal cruelty, you should report it to the:
Irish Society for the Prevention of Cruelty to Animals (ISPCA)
By email: helpline@ispca.ie
By phone: 0818 515515 (in emergencies)
You can also ring your local Garda station in emergencies.
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• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Ciara O’Gorman, Development Manager with South Munster Citizens Information Service spoke recently about the issue of child abuse and child protection in the State.
Under the Children First Act 2015, it is everyone’s responsibility to protect children and young people and keep them safe. It is important that families, communities and professionals can recognise when a child or young person is being harmed and that they know what action to take in response.
What is child abuse?
Child abuse is categorised into 4 different types. A child may experience more than one form of abuse. The 4 types of abuse are neglect, emotional abuse, physical abuse and sexual abuse.
Neglect
Neglect occurs when a child does not get proper care or supervision to the extent that the child is harmed physically or developmentally. Ongoing neglect is recognised as being extremely harmful to the development and well-being of a child and may have serious long-term negative consequences.
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Some of the features of child neglect include:
• Children being left alone without adequate care and supervision
• Malnourishment, lacking food, unsuitable food or erratic feeding
• Failure to provide adequate care for the child’s medical and developmental needs
• Inadequate living conditions – unhygienic conditions, environmental issues, including lack of adequate heating and furniture
• Lack of adequate clothing, Inattention to basic hygiene
• Lack of protection and exposure to danger or lack of supervision appropriate to the child’s age
• Persistent failure to attend school
Emotional abuse
Emotional abuse occurs where a child’s need for affection, approval and security is not being met by the child’s parents or carer. Emotional abuse is not easy to recognise because the effects are not easily seen.
The effects of emotional abuse on a child may be shown through the child’s behaviour, emotional state or development.
Ciara elaborates, “Emotional abuse of a child may include rejection, lack of comfort and love, lack of continuity of care, continuous lack of praise and encouragement, persistent criticism, sarcasm, hostility or blaming of the child, bullying, conditional parenting in which care or affection of a child depends on his or her behaviours or actions, extreme overprotectiveness, inappropriate non-physical punishment (for example, locking a child in bedroom), ongoing family conflicts and family violence and seriously inappropriate expectations of a child relative to their age and stage of development.”
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Physical abuse
Physical abuse is when someone deliberately hurts a child physically or puts them at risk of being physically hurt. It may occur as a single incident or as a pattern of incidents. Examples of physical abuse include beating, slapping, hitting or kicking, pushing, shaking or throwing, use of excessive force in handling, deliberate poisoning, fabricated/induced illness and female genital mutilation.
Sexual abuse
Sexual abuse occurs where a child is used by someone for their own or someone else’s sexual gratification or arousal. It includes the child being involved in sexual acts or exposing the child to sexual activity directly or through pornography.
How do you recognise child abuse?
You may have observed signs of abuse or have grounds for concern such as, where a child has a suspicious injury or appears distressed for no obvious reason. If you ignore what may be signs or symptoms of abuse, it could result in ongoing harm to the child.
Alternatively, a child may make a direct or indirect disclosure. A child needs to have someone they can trust in order to feel able to disclose abuse they may be experiencing. They need to know that they will be believed and will get the help they need.
You should always inform Tusla (the Child and Family Agency) if you are concerned that a child may have been, is being, or is at risk of being abused or neglected.
Ciara confirms “It is not necessary for you to prove that abuse has occurred to report a concern to Tusla. You just need to have reasonable grounds for concern. It is then up to Tusla to assess concerns that are reported to it.”
How do I report my concerns?
Tusla has a statutory responsibility to assess all reports of child welfare and protection concerns. Anyone who suspects that a child is being abused, or is at risk of abuse, has a duty to report their suspicions to Tusla. You should report your concerns to the Tusla Social Work Duty Officer in the area the child lives.
You can report your concerns in person, by writing or by phone. While you can report your concerns anonymously, Tusla does not normally reveal the names of people who report suspicions of child abuse unless they have permission to do so.
What happens after a report is received by Tusla?
Tusla will consider your report, and if concerns are found after the initial checks, further evaluation involving a detailed examination of the child and family’s circumstances will follow.
It will then take whatever action is required to protect the child. If no concerns are found, then the information gathered is recorded and kept on a confidential file where it will be examined if further concerns or more information comes to light.
If you need to report your concerns outside normal office hours (weekends and at night) you should report your concerns to the Garda Síochána. Remember, under the Protections for Persons Reporting Child Abuse Act 1998, as long as you report what you believe to be true and you do it in good faith you, cannot be sued for making a false or malicious report.
If you make a report about a child, Tusla will normally acknowledge it, and may contact you for further information, if necessary. It is understandable that you would like to be assured that the matter is being followed up.
However, to protect the privacy of the child and family, it may not be possible for Tusla to inform you of the progress or outcome of Tusla’s contact with the child or family.
Are parents informed if concerns are reported?
If you are the parent of a child being assessed following the reporting of concerns, you should be told why and you should be given the opportunity to respond. Concerns about your child should be explained to you.
Counselling Service for Adults who Experienced Abuse in Childhood
The HSE National Counselling Service for adults provides counselling and support to any adult who has experienced abuse in childhood. Since its establishment, its primary clients have been adults who experienced abuse whilst in the care of the State as children.
You can refer yourself directly to the National Counselling Service that is nearest to you. Details are on the HSE website or you can contact your local Citizens Information Centre. GPs and others can also make referrals. The service is available free of charge in all regions of the country.
Connect is a free professional telephone counselling and support service for adults who have experienced physical, emotional or sexual abuse, trauma or neglect in childhood. It is an additional service to the HSE’s National Counselling Service. To speak to a counsellor call Freephone 1800 477 477.
Deirdre Vann Bourke, Kerry Citizens Information Manager, said:
For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Today, Deirdre Vann Bourke, Development Manager with South Munster Citizens Information Service discusses the Community Employment programme (more commonly known as the ‘CE Scheme’).
“This scheme is designed to help people who are long-term unemployed (or otherwise disadvantaged) to get back to work by offering part-time and temporary placements in jobs based within local communities. It’s a great opportunity to learn new skills and build up your confidence as you re-enter the workforce.”
Deirdre continues; “If you are a participant in the CE scheme, you can take up other part-time work during your placement. After the placement, you are encouraged to look for permanent jobs elsewhere, based on the experience and new skills you have gained while on a Community Employment scheme.
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Community Employment sponsors are the voluntary organisations or public bodies that manage CE schemes at a local level
Am I eligible for the CE scheme?
How you qualify for a CE scheme depends on your age and your personal situation.
If you are aged between 21 and 55 years
In general, you must be unemployed. You must also be getting any combination of the following payments for at least 12 months:
There are other schemes that count towards the qualifying period – PUP, SWA, Carer’s Allowance for example. To check if you are eligible, please contact your local CIC or social welfare office.
If you are aged 55 years and over
You must be getting a qualifying social welfare payment for 12 months – as outlined above.
You can stay on CE for a maximum of 3 consecutive years. It may also be possible to re-qualify for CE after a further 12 months on a qualifying payment.
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If you are aged 60 years and over
CE participants aged 60 years and over who meet the eligibility requirements may stay continuously on CE up to the age at which they qualify for a State pension, providing there are places available. The current qualifying age for all State pensions is 66.
Other ways to qualify for CE Including Qualified Adult Pilot
Under the “Qualified Adult (QA) on a Community Employment Scheme: Pilot” – if you are a QA on your spouse, partner, civil partner or cohabitant’s Jobseekers Allowance claim and they meet the eligibility for CE, you may be eligible to participate in CE. Please note that this CE eligibility option is open to QAs as part of a pilot scheme since 1 January 2023.
If you do not qualify for CE under the eligibility criteria for your age group above, you may still be eligible for the scheme if you are aged 18 years and over and you are:
• Getting Disability Allowance, Blind Pension or Invalidity Pension, or
• Getting Illness Benefit for at least 6 months, or
• A member of the Traveller or Roma community, unemployed and getting Jobseeker’s Benefit or Jobseeker’s Allowance for any length of time or One-Parent Family Payment for at least 1 year, or
• A person with refugee status and getting any DSP payment for any length of time, or
• Referred following an appropriate assessment according to the National Drugs Rehabilitation Framework protocols, an ex-offender who has been referred by the Probation Service or other designated service, or an ex-offender not referred by a designated service who has been getting JA or JB for 12 months.
How long can I stay on the CE scheme?
If you are aged between 21 and 55 years, your CE placement generally lasts for one year. However, if you are working towards a major education award, your CE placement can be extended by up to 2 years to complete this award. You won’t get an extension beyond 3 years (or 4 years for people on a disability-linked social welfare payment).
If you are aged over 55, you can stay on CE for 3 consecutive years. If you are aged 60 years and over and meet the CE eligibility requirements, you can stay continuously on CE until you qualify for a State pension, once you meet the terms and conditions of the scheme and providing that there are places available.
Working on a CE scheme
You must work for 19.5 hours per week (excluding breaks) for your sponsor to be eligible for a grant towards the cost of wages. You are paid weekly by your sponsor and you have certain statutory employment rights including annual leave, public holidays, maternity leave and a written statement of your terms and conditions of employment. Tax may be deducted from your pay, if applicable, but your CE pay is exempt from the Universal Social Charge.
CE participants pay PRSI at Class A8/A9, which counts as a full Class A contribution. If your CE payment is less than €352 a week, you do not pay any employee contribution. If your CE payment is over €352 a week, you pay an employee PRSI contribution.
Training and development
“This is a key aspect of the CE scheme” says Deirdre, “You will get training as part of your CE scheme to help improve your ability to get a job when the scheme is over. Everyone on a CE scheme must have an individual learning plan where training is identified. You must be allowed to join in any approved training that has been identified on your individual learner plan.”
There are a range of recognised QQI Awards and qualifications available to CE participants. If you are between 21 and 55 you must be working towards a QQI Award on the NFQ Framework of Qualifications or an industry equivalent, to be eligible for up to an additional 2 years on CE (maximum total of 3 consecutive years). If you are 55 or over you should be given access to training and development, and supported with any issues you have accessing employment (you can stay on CE for 3 consecutive years).
Extra benefits of the CE scheme
“You will keep your medical card when you are on CE. You will also keep your entitlement to the extra benefits you were getting immediately before going onto CE, provided you continue to satisfy the conditions for these benefits.”
Rate of Payment
Since January 2024 the minimum weekly payment for new participants based on 19.5 hours worked is €259.50.
If the actual social welfare payment (including dependants) you were getting was €232 a week or less, then you will get the minimum CE weekly rate of €259.50 (that is €232 plus €27.50).
If your actual weekly social welfare payment (including dependants) was €232 or more, then you will get the same rate as your social welfare payment plus €27.50.
If you have any additional income
If you have any additional income, for example, from part-time work, it will not affect your CE payment. However, the rules on change of circumstances that apply to your original social welfare payment also apply to your CE payment.
For example, if your qualified adult gets a job, their income will be assessed as means and your CE payment may be reduced. However, your CE payment cannot be reduced below the current minimum rate of €259.50
How to apply for the CE scheme
To participate in the Community Employment scheme, you can register at your local Intreo Centre or Social Welfare Branch Office.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
The Consumer Rights Act 2022 introduced new rights when you buy services. However, they only apply if you bought a service on or after 29 November 2022. You have different rights if you bought on or before 28 November 2022.
What is a service?
Consumer law covers many contracts for services. Examples of services covered include entertainment, accommodation, transport, building works and maintenance contracts. Personal services (for example, wedding photography), pet care services, storage facilities and legal or other professional services are also covered.
If you have a contract for a service, consumer law sets out the minimum standards that apply and the remedies if the service falls short of these standards.
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What should you know before you buy a service?
You have a legal right to certain information before you buy a service, including:
• The trader’s business name, address and phone number
• Details about the service (if not already clear)
• Total price, or how it will be calculated
• Length of the contract (if applicable)
• Any extra charges, for example, delivery charges
• Your right to cancel (where it applies)
The information must be clear, easy to understand and given to you before you buy. You have additional rights to information if you buy online or from your doorstep.
Traders must not make claims that would distort your buying decisions. A seller who makes a false or misleading claim about a service is committing an offence and can be prosecuted.
What you can expect from the service
If you have a contract for a service, consumer law sets out the minimum standards that apply to the service. Services must be in conformity with the contract you made. In conformity means the service is as you expect it would be, according to the contract you made with the trader.
Services must work as the trader said they would. They must match any advertisement and any verbal or written information you got. In addition, they must meet the terms of the contract, where the service is supplied with goods or digital elements.
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The trader is obliged to:
• Provide the service in line with the contract
• Have the required skills to carry out the service
• Supply the service with reasonable care and attention
• Only use materials that are fit for purpose and match any descriptions you got
• Charge you a reasonable price, where the price is not agreed beforehand (for example, it was based on an estimate or quote)
• Comply with all applicable laws
If a trader tells you they will provide a higher standard of care and skill than can be reasonably expected, or if they are subject to a standard set by a professional body or a code of practice, they will be held to that higher standard.
What are the options if you are not happy with the service?
If things go wrong with the service, it is always the trader who should put things right.
Under consumer law, the trader must resolve any issue, so the service meets what was agreed in the contract. The seller must correct the issue for free, within a reasonable time and without significant inconvenience to you. A reasonable time means the shortest possible time to fix the issue.
If it is not possible or too expensive for the supplier to resolve the issue, you have the right to either a price reduction or refund. If the issue is minor, you can only ask for a price reduction.
If your complaint cannot be resolved by the supplier of the service, you can make a formal complaint to the relevant trade or professional body. However, many suppliers are not members of any trade or professional body.
If you have used the service provider’s complaints procedure and the problem is still not resolved, you can use the small claims procedure (for claims less than €2,000) or take a civil case (for claims over €2,000).
Where can you get more information on what to do if you have problems with a service.
If you have a dispute with an Irish-based service supplier, you can contact the Competition and Consumer Protection Commission (CCPC) for advice and support. Their telephone number is (01) 402 5555 and (01) 402 5500. The CCPC can take enforcement action against a trader who fails to comply with consumer law. There is also very useful information on their website: www.ccpc.ie
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
The Student Grant Scheme is the main financial support scheme for students studying in Ireland and abroad.
It is also known as the SUSI grant because the Student Universal Support Ireland (SUSI) is the awarding authority for the Student Grant Scheme.
SUSI has a helpdesk to assist applicants. The email is support@susi.ie and the telephone number is 0818 888 777.
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Q. When does the application process for SUSI Grants open?
A. The student grant application process is open to all applicants since Thursday, 4th April 2024
If you submit your application before the priority closing dates, your application will be assessed as a priority. The priority closing dates are:
• 6 June 2024, for renewal applications
• 11 July 2024, for new applications
Q. Do you have to reapply for the grant each year?
A. Yes, you are approved for one year at a time e.g. if you are starting a 3 year course, you will have to reapply each year. If there is any change in your circumstances, you will need to let SUSI know.
Q. What do I need before starting my application?
A. You must make your grant application on-line. To register with SUSI and apply online for a student grant, you will need your Personal Public Service (PPS) number, an email address and a phone number. The applicant is the student not the parent.
Q. Do I need to know the course which I will be taking before applying?
A. No, you do not need to know what course you will be taking to apply online. If you ticked the SUSI box on your CAO application, the CAO will notify SUSI of the course that you have accepted
Q. Who qualifies for a student grant?
A. There are a number of conditions which applicants must satisfy and to qualify for a student grant, you must meet all the conditions of the scheme. These include:
• Nationality condition
• Residence condition
• Means test
• Approved course of study: you must be attending an approved course of study
• Progression: you must be progressing from your previous level of study
• Maximum period of grant assistance
You can get an indication of your eligibility by using the Eligibility Indicator on www.susi.ie
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Q. What does the student grant cover?
A. Student grants are divided into Maintenance grant and Fee grants
Maintenance grants help students with their living costs. Fee grants pay tuition fees for students who do not qualify for the Free Fees Scheme. Fee grants can also pay the Student Contribution and the cost of essential field trips.
Q. What is taken into account in the means test?
The means test for a student grant in 2024-2025 is based on you or your family’s gross income for the previous full tax year (2023). However, if you or your family have had a change of circumstances (which is likely to be permanent) since 31 December 2023 your changed circumstances will be taken into account.
Q. Is that the parent’s income only?
A. No, it is the parent’s income and the student’s income, however €7,925 of the student’s income which they earn outside term time is excluded. However if a student has job during term time at weekends for example, that income will be counted in the means test and added to the parents income.
Q. What type of limits apply to the grant?
A. Well, it varies, but if the student was coming from a family with less than four dependent children, in order to qualify for the maximum rate of grant the total net income in the previous tax year would have to have been €40,875 or less.
However, if there is more than one student attending college from the same household, the limit may be increased by €4,950 for each student. You should talk with your local Citizens Information Centre and they will go through your particular circumstances with you.
Q. How much is the maximum amount of Student Grant?
A. The SUSI grant rate you get depends on the following factors:
Your assessed means
• The distance you normally live from the college you are going to attend
• If you are a disadvantaged student
• If you normally live 30 kilometres or less from your college you get the adjacent rate. If you live further away than 30 kilometres, you get the non-adjacent rate. This is based on the distance of where you ordinarily lived in the year before you started college ie. your home address not college address.
The maximum non-adjacent rate is €4,292 (paid over 9 months €476.89 per month)
The maximum adjacent rate is €1,774
Disadvantaged students can qualify for a special rate of maintenance grant.
Q. How do you qualify for the special rate of maintenance grant?
A. In order to be considered a disadvantaged student one of the parents would need to have been on a long term social welfare payment on the 31st of December 2023 and their net income would have to be less than €26,200, not including Qualified Child Increases and standard exclusions.
If this is the case a special rate of grant is paid.
The non-adjacent special rate of grant is €7,586
The adjacent special rate of grant is €3,280
Q. If you are a mature student returning to education and have been on a social welfare payment, can you get the Student Grant?
A. If you are in that situation you may qualify for the Back to Education Allowance or the student grant depending on your circumstances. You cannot get the Back to Education Allowance (BTEA) and a full student grant at the same time. It would be best to have a chat with your local Citizens Information Centre or Intreo office to discuss which would be the best option for you.
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you are planning to visit another EU country this year, you should apply for your European Health Insurance Card in case you need to access medical care while abroad.
What is the European Health Insurance Card?
The European Health Insurance Card (EHIC) allows you to access public healthcare in another EU/EEA state for free or at a reduced rate.
You can use it when you are travelling abroad or when you are staying temporarily in another EU State. Each family member needs their own card. It does not cover private healthcare and does not replace travel insurance.
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Can I get a European Health Insurance Card?
You can only apply for a European Health Insurance Card if you live in Ireland or if you live in another European Union (EU), European Economic Area (EEA) member state, or Switzerland.
If you live in Ireland but you are linked to another EU/EEA State’s Social Security System, contact the health authorities in that country for more information.
If you live in Northern Ireland but are employed in Ireland, you can get an Irish-issued EHIC.
Where can I use it?
You can use your European Health Insurance Card in any European Union or European Economic Area (EEA) country and in Switzerland. Currently, the EEA comprises of the 27 member states of the European Union together with Iceland, Norway, and Liechtenstein.
As Andorra and Monaco are not part of the EU or EEA, your EHIC is not accepted there. You should get private health insurance instead.
Can I use it in the UK?
If you are an Irish citizen, you have access to healthcare under the Common Travel Area while visiting the UK. However, other EU citizens should continue to use the EHIC, which is still accepted in the UK.
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How much does a European Health Insurance Card cost?
There is no fee for the European Health Insurance Card or a Temporary Replacement Certificate. Renewing a European Health Insurance Card is also free.
What if I don’t have my EHIC before I travel?
If you don’t have your European Health Insurance Card for any reason, you can get a Temporary Replacement Certificate. This Certificate gives you the same entitlement as the Card, but for a shorter period.
You can apply online for this Certificate, in-person or by post to your Local Health Office. You can only receive a Temporary Replacement Certificate for yourself.
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Will I have to pay anything for healthcare with my EHIC?
In some EU member states, you may have to make some payment towards the cost of the services you receive, just as people in that state do. You will not receive a re-fund for this or for private healthcare.
How can I get a refund from the HSE if I paid for healthcare while abroad?
You may be able to get a refund if you had to pay because you did not have your EHIC card with you or because the healthcare providers charged you by mistake.
Apply for a refund by email. Send your receipts to E126.Refunds@hse.ie. Or email them to overseas.medservices@hse.ie if you live in Dublin, Wicklow or Kildare.
The HSE will send an E126 form to the health authorities in the other state to find out:
• If you used a public health service
• How much of a refund is due
When the HSE receive the completed E126 form from the other state, the HSE can see if a refund is due or not. Further information is available on the HSE website.
How do I apply?
You complete an application form and send the completed form to your Local Health Office. You can download the form or pick one up from your local Citizens Information Centre. If you have a medical card or drug payment scheme card you can apply on-line.
If you already had an EHIC but it has expired, you can renew it online if you have your old EHIC number and your PPS number, provided that your address has not changed.
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Deirdre Vann Bourke, Kerry Citizens Information Manager says; “The service is very busy at present and we are working hard to respond to the needs of the community.
“We are very much a face-to-face service so if anyone needs information or assistance in relation to their entitlements, we encourage you to drop in to one of our offices and bring any documents or correspondence, relating to the matter, with you.”
Q. Today we are going to focus on supports for Carer’s. What information and supports are available for Carer’s from Citizens Information?
People providing care for family members often are so busy with their caring responsibilities that they don’t always have time to look at what supports are available to them.
Some people don’t even think of themselves as Carer’s as they consider their work as part of an unspoken promise to be there for loved ones when they need them.
It is important that they know that Carer’s may be entitled to a number of supports from the Department of Social Protection.
The two main social welfare payments for carer’s providing full-time care are Carer’s Allowance and Carer’s Benefit.
You may also qualify for an annual Carer’s Support Grant. Another consideration would be taking Carer’s Leave from work to care for a loved one. We also look at any secondary benefits for which the person who is caring, may qualify.
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Q. What’s the difference between Carer’s Benefit & Carer’s Allowance?
Carer’s Benefit is a short-term payment paid for up to 2 years to people who give up employment to care on a full-time basis for someone who requires full-time care and attention.
It is PRSI based and you have to have a certain number of PRSI contributions paid. People who are self-employed and paying a Class S PRSI contribution will not qualify.
On the other hand, Carer’s Allowance is a payment for people who are caring on a full-time basis for someone who requires full-time care and attention and will require it for at least 12 months. You must satisfy a means test and the habitual residency condition to qualify for Carer’s Allowance.
To claim either payment, you must complete an application form and submit to DSP. It is important that you put in detailed information in relation to the level of care that you are providing to support your application.
Q. What does ‘full time care’ mean?
A person is seen as needing full-time care when they need continual supervision to avoid danger to themselves or they need continual supervision and frequent assistance throughout the day with normal bodily functions.
For example, help to walk and get about, eat or drink, get washed or dressed. The Department of Social Protection will decide if the person needs full-time care. This decision will be based on the information that the Carer provides on the application form.
The person being cared for must have their doctor complete, sign and stamp the Medical Report which is part of the Carer’s Benefit and Carer’s Allowance application form.
This Medical Report is not needed if the person being cared for is a child who is getting Domiciliary Care Allowance. You or the person needing care must not be living in a hospital or institution.
However, you can continue to be seen as providing full-time care if you or the person being cared for is having medical or other treatment in a hospital or institution for not longer than 13 weeks.
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Q. Do you have to be caring for a set number of hours to qualify for a Carer’s payment?
The time spent providing care must not be less than 35 hours per week, over 5-7 days. If you are away, you must be able to arrange full-time care for the person you care for.
Q. You said that Carer’s Benefit is for people who leave work to provide care. Does the person have to resign from their job?
No, the person does not have to give up their job if they are applying for Carer’s Benefit. While it involves the applicant leaving work or reducing their hours in order to care for a person in need of full-time care, the person can apply for Carer’s Leave from their employment.
Carer’s leave allows employees to leave work temporarily to provide full-time care and attention for someone who needs it. You can take carer’s leave for a minimum of 13 weeks and up to a maximum of 104 weeks.
Carer’s leave from employment is unpaid but your job will be kept open for when you return. However to get carer’s leave, you must have worked for your employer for 12 months without a break in employment.
Employers are entitled to at least 6 weeks written notice from the employee of the intention to take carer’s leave. The person you will be caring for must need full-time care and attention. A deciding officer of the DSP will decide whether they need this care after checking with their GP.
Q. Can you do any paid work while on Carer’s Benefit or Carer’s Allowance?
You can be employed, self-employed, in training or in education outside the home for up to a maximum of 18.5 hours per week. If on Carer’s Benefit, the maximum amount you can earn is €350 per week after tax, PRSI & Union dues are deducted.
Currently, if you are single, €350 of your total weekly income is not taken into account in the means test for Carer’s Allowance. If you are married, in a civil partnership or cohabiting the first €750 of your combined total weekly income is not taken into account.
This will change from June 2024. From then, the income disregard for Carer’s Allowance will increase to €450 for a single person and €900 for a couple. So if you don’t qualify now, you might later this year.
Q. Can you explain the means test for Carer’s Allowance?
First of all, like Carer’s Benefit, you must be providing full-time care and attention to a person who requires that level of care. In addition however, you must be habitually resident in the State and pass a means test. In certain circumstances you may be eligible for Half Rate Carer’s Allowance.
The main sources of income included in the means test for Carer’s Allowance are any cash income and capital income – this includes savings, investments, shares or any property you have (but not your own home).
The first €50,000 of your capital is not taken into account. Any payment from the Department of Social Protection is not included in the means test. You can get up to €14,000 per year for renting out a room in your own home without it affecting your payment.
Citizens Information staff can help you work out how the means test would apply in your individual situation.
Q. How much is each payment worth per week?
Your payment is made up of a personal rate for yourself and extra amounts for any child dependants. Carer’s Allowance has no qualified adult payment.
Carer’s Benefit: €249 per week if caring for one person and €373.50 if caring for two people.
Carer’s Allowance: €248 per week if caring for one person and €372, if caring for two people and you are under 66. If you are aged 66+, you will receive up to €286 for one person and €429, if you are caring for two people. You can also get a child increase if you have a qualified child and if you are on Carer’s Allowance, you will get a higher rate when you are aged over 66
Q. What is the qualifying condition for Half-Rate Carer’s?
If you are in one of the following situations you may qualify for half-rate Carer’s Allowance:
Already getting Carer’s Allowance but also meet the qualifying criteria for another social welfare payment
Changed from another social welfare payment to get Carer’s Allowance
Caring for someone and being claimed for by a spouse, civil partner or cohabitant
Getting a social welfare payment other than Carer’s Allowance and caring for someone
You cannot get half-rate carer’s if you are in receipt of a jobseekers payment.
Q. What is the Carer’s Support Grant?
The Carer’s Support Grant is paid to carers once a year by the Department of Social Protection (DSP) and it amounts to €1,850 . It is paid once a year, usually on the first Thursday in June, for each person you are caring for. It is not taxable.
You cannot be working outside the home for more than 18.5 hours or signing for Jobseeker’s Credits. It’s important to note that you can apply for this payment even if you are not receiving Carer’s Allowance or Carer’s Benefit and if you are caring for more than person, you can get the CSG for each person.
Q. Do you have to live with the person that you are caring?
No, however, non-resident care situations may require investigation by a Social Welfare Inspector before consideration by the Deciding Officer. A direct system of communication must exist between the carer’s residence and that of the care recipient. This may be a telephone or alarm-type system.
The care recipient must not already be receiving full-time care and attention within his or her own residence from another person.
Q. There has been discussion recently about Long Term Care Credits. Can you explain what these are and why they are important?
This year, a new Long-Term Carers Contribution scheme will be introduced. Legislation setting out the full detail of the scheme is not yet published. Under the scheme, if you have been a full-time carer for at least 20 years (1040 weeks), you can get Long-Term Carers Contributions to help you qualify for the State Pension (Contributory).
A Long-Term Carers Contribution is the same as a paid contribution on your PRSI record for each week that you provide full-time care. The contribution makes it easier for a carer to qualify for the State Pension Contributory when they reach pension age.
If you have been providing full-time care for less than 20 years you may be able to avail of the Homemaker’s Scheme or the Home Caring Periods Scheme.
Under these schemes a certain period of time out of the work force caring would not affect any entitlement you may have to the State Pension (Contributory). If you contact your local Citizens Information Centre, we will go look at your situation and advise you on which applies to your situation.
Q. Are there any additional supports available to Carer’s that we have not already covered?
If you get Carer’s Allowance you may also get the Free Household Benefits Package (if you are living with the person you are caring for) and Free Travel.
If you get Carer’s Benefit or Carer’s Allowance, at full or half-rate, you are eligible for a GP visit card.
If the person that you are caring for passes away, your Carer’s Benefit payment will continue for 6 weeks following the death, while Carer’s Allowance continues for 12 weeks.
There are also some tax credits that the family can avail of. If you are married or in a civil partnership and you care for a dependent person, you can apply for the Home Carer Tax Credit.
You must be jointly assessed for tax as a couple. You can also claim a tax credit if you are the parent or guardian of a child who is permanently incapacitated, either physically or mentally. It is called the Incapacitated Child Tax Credit.
If you maintain a dependent relative, you may qualify for the Dependent Relative Tax Credit. Maintaining a relative means meeting the costs of everyday living. To qualify for the tax credit, the income of your relative must be below a limit. Contact your local CIC for more details as to whether or not you these apply in your situation.
Q. As usual, this is a vast area and we do not have time to delve into all the details so if someone would like more information what should they do?
If someone would like more information about any of the issues covered, it would be best to telephone or call into your local CIC. We will discuss your current circumstances with you and make you aware how the various schemes apply to your personal circumstances.
This is where Citizens Information can help- we can discuss your situation with you and lay out your options. At the end of the day, you will decide what option is best for you – but hopefully, with our help, you will make your decision based on having all the knowledge you need to make an informed choice.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Grandparents play an important role in their grandchild’s life. However, some grandparents have difficulty seeing their grandchildren and spending time with them.
They can find themselves excluded from the lives of their grandchildren, and this can be very upsetting for them and for the children involved.
This can happen for many reasons, for example, if the relationship between the grandparent and parent has broken down.
Deirdre Vann Bourke, Kerry Citizens Information Manager, advises; “Grandparents do not have automatic rights in relation to their grandchildren, but there are steps you can take to improve your level of contact with them.”
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How do I request more time with my grandchildren?
You should first speak to the child’s parents or guardians. Negotiation should be explored, to try and come to an arrangement so that you can spend time with your grandchildren. If no agreement can be reached, you should consider family mediation.
This is where a trained independent professional, called a mediator, helps you and the parents come to an agreement in a safe space. Mediation addresses the needs and interests of everyone involved.
“Mediation can have better long-term effects on the family as a whole, as both sides take ownership of the arrangement they come to. The process is much less confrontational than the matter being dealt with in court” says Deirdre.
“If mediation is not successful, you can apply to the court for access to your grandchildren and furthermore, in certain situations, you can apply for custody or guardianship.”
Applying for access to a grandchild
If you are having difficulty maintaining contact with your grandchildren, you can apply for access through your local District Court. Access means you will have a legal right to direct contact with the child, which may include overnight stays (sleepovers). Before granting your application, the court will consider:
• Your existing connection with the child
• Any risk of harmful disruption to the child’s life
• The wishes of the child’s parents or guardians
• The wishes of the child if they are capable of forming their own views.
“To make an application for access, you must complete a form called Form 58.19 and submit it to the court. You can download this form from Courts.ie or call into your local CIC to get one.
The court will always put your grandchild’s needs first. The child’s best interests are set out in Section 63 of the Children and Family Relationships Act 2015.
The rules about access are set out in Section 11B of the Guardianship of Infants Act 1964, as amended. You should get professional legal advice before making an application.
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Applying for custody of a grandchild
“If you have custody of a child, you are responsible for their day-to-day care, accommodation and upbringing. Any relative, including a grandparent, can apply to their local District Court for custody of a child,” advises Deirdre.
“Usually, the court will only grant you custody if it has the parents’ or guardians’ consent. However, the court can decide that the parents’ consent is not needed if a custody order is in the child’s best interests.
“If you are granted custody of your grandchild and they are to live with you, the court can specify the level of contact, if any, that the child must have with their parent(s). You should get professional legal advice before making an application for custody.”
Kinship care
In some circumstances, grandparents, other relatives or a family friend may take on the full-time care of children and young people, when parents are not able to care for them. Sometimes this is referred to as a private family arrangement or ‘kinship care’.
Most kinship care arrangements are informal unlike relative foster care which is a formal arrangement. Contact a CIC for more details.
Getting financial support
If you are the main carer of the child, and the child is not being properly maintained financially by either or both parents, you can apply to the District Court for a maintenance order. This means that, if the court grants your application, the parent(s) must give you money towards the care of the child.
You may also be eligible to claim the Guardian’s Payment from the Department of Social Protection.
It is not necessary to be a legally appointed guardian. You may get this payment if the child lives with you, and you are responsible for their care.
Becoming a guardian
“Guardianship means you have legal responsibility for certain decisions and to carry out duties in relation to a child’s upbringing. For example, decisions about their medical or dental treatment, or their religious or cultural upbringing.
As a grandparent, or other relative carer, you can apply to your local District Court for guardianship if:
• You have provided the day-to-day care of the child for at least 12 months in a row and
• There is no parent or guardian willing (or able) to carry out guardianship responsibilities in respect of the child
You can also apply for guardianship if the child’s parents die without appointing a guardian in their will. A person can apply for guardianship up until a child reaches 18 years of age.”
To apply for guardianship, you must complete a form called a ‘Notice of application by an eligible person to be appointed a guardian’. This form, which is sometimes called a Form 58.30, can be submitted to your local District Court. You can download this form from www.courts.ie or by contacting your local CIC. You should get professional legal advice before making an application.”
Your guardianship duties
The court will decide the extent of your guardianship rights and responsibilities. You may have the same duties as the child’s parents, or only certain duties. The court can also remove your guardianship rights at a later date if it is in the child’s best interests.
Temporary guardianship
A parent can nominate you to act as a temporary guardian of their child if they are unable to carry out their own guardianship duties – for example, if they become seriously ill or injured.
I was granted access or custody, but still cannot see my grandchild
“If you already have an access order or a custody order from the court, but you are still not getting contact with your grandchild, you can seek an enforcement order from the court. An enforcement order is a further legal instruction to the parents or guardians that they must allow you to see your grandchild, at the specific times set out in the order.
“The enforcement order may allow additional access to compensate for lost time, reimbursement for any wasted expenses or require those involved to attend a parenting programme or counselling.
If the parents or guardians refuse to comply with an access or custody order, they can be fined up to €2,500, go to prison for up to 12 months, or both.”
I was granted access or custody, but my circumstances have changed
“The terms set out in your access order or custody order do not have to last forever” says Deirdre. “If your circumstances change, you can apply to the court for a variation order. This means the court will update some (or all) aspects of the access or custody order. You can also ask the court to cancel the original access or custody order altogether. Contact your local CIC for more details.
Appealing the court’s decision
“The District Court makes decisions about access, custody and guardianship applications based on the child’s best interests. If you are not satisfied with the court’s decision, you can make an appeal within 14 days of the decision being made. To make an appeal, you must complete a form called a ‘Notice of Appeal to District Court’. This form can be downloaded from courts.ie or you can get one from your local CIC. You should get professional legal advice before making an appeal.”
Getting legal advice and other supports
It is important to get professional legal advice before going to court. “Solicitors’ fees can vary considerably so shop around and get some quotes before deciding who to use. Alternatively, you may qualify for Legal Aid.
Another option is FLAC (Free Legal Advice Centres) which is an independent, voluntary organisation that operates a network of legal advice clinics throughout the country. These clinics are confidential, free of charge and open to all. Contact your nearest Citizens Information Centre for information on FLAC services in your area.”
Information and support for grandparents
There is a lot more information available in relation to this subject and various organisations and supports available to you. If you would like more information about any of the issues covered, please telephone or call into your local CIC. Staff will be happy to discuss your situation with you and lay out your options.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary. The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation and your landlord must register it with the Residential Tenancies Board.
However, if you are renting a room that is part of your landlord’s home, your tenancy is not covered by this legislation.
You may be entitled to claim the Housing Assistance Payment or Rent Supplement in the same way as other tenants. As part of the qualifying conditions for these supports you must be able to prove that the tenancy is genuine.
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Do I have any rights if I am renting a room in my landlords house?
If you are renting a room in your landlord’s home, you do not have a standard tenancy agreement. Instead, you have a licensee agreement with your landlord. This means that you are in the property by the landlord’s consent or invitation.
As a result, you cannot avail of the type of protection that tenants are entitled to under the residential tenancies legislation.
The position is the same if you are living with a spouse, child or parent of a landlord and you do not have a tenancy agreement or written lease.
As you do not have the same rights as someone whose tenancy comes under the landlord and tenant legislation, you should be aware of the following:
• Your landlord is not obliged to provide you with a rent book or a statement of rent paid
• There is no legal requirement for your accommodation to meet minimum physical standards (unless you are a HAP tenant and then these minimum standards must be met)
• Any notice you may get of the termination of the tenancy is at your landlord’s discretion (although the landlord is obliged to give reasonable notice, the specifics of this notice may vary)
• Your landlord is not obliged to register the tenancy with the Residential Tenancies Board (RTB)
• You cannot use the RTB’s dispute resolution service if a disagreement arises between you and your landlord
• You are not protected by the Equal Status Acts 2000-2015, which prohibits discrimination on grounds of gender, civil status, family status, age, race, religion, disability, sexual orientation and membership of the Traveller community – and also on the ‘housing assistance’ ground
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Can I make an agreement with my landlord before moving in?
Before you arrange to rent a room in your landlord’s home you should agree some ground rules and put them in writing. If you and your landlord each sign and keep a copy of this agreement, you can both refer to its terms in the event of confusion or disagreement. These ground rules might include:
• How long is the tenancy going to last?
• How much notice will either you or your landlord must give if either of you chooses to end the tenancy?
• How much rent will you pay and how often (for example, weekly, monthly)?
• How will rent be paid (cash, cheque, standing order etc.)?
• When will the rent to be reviewed and how much notice will your landlord give you of a rent review?
• How utility bills (electricity, gas, phone, water) will be divided between yourself and the landlord?
• Will your landlord expect you to contribute towards bin collection charges?
• Can you have visitors to stay overnight?
• Are there any restrictions regarding noise levels?
Are there any additional guidelines if you are renting a room as a student?
If you are a student and are renting in your landlord’s house, there is a voluntary regulatory framework to help set ground rules between you and your landlord.
These have been created by the Department of Further and Higher Education, Research, Innovation and Science along with a sample license agreement .
It is recommended that you agree a written licence agreement with your landlord before you take up your accommodation offer.
This licence agreement can be adjusted to suit the needs of the landlord and the student.
What options are there to resolve disputes?
If you are renting a room in your landlord’s home and are unhappy with the way you are being treated, you should try discussing the situation with the landlord and attempt to resolve any issues between you.
You may wish to contact Threshold, which provides information on housing rights or your local Citizens Information Centre
If you have exhausted these options, you may be able to take your case to the Small Claims Court. This is really the only legal recourse you have as a tenant renting a room in your landlord’s home.
Common claims that are heard by the Small Claims Court include disputes about retention of your deposit for what you consider unfair reasons, or deductions from rent for damage to property that is over and above normal ‘wear and tear’.
Does one have more protection if one is renting a Self-contained flat or apartment?
If you are renting a self-contained flat or apartment in your landlord’s home, your tenancy is covered by residential tenancies legislation. Examples of a self-contained flat or apartment include a basement flat or converted garage, which is attached to your landlord’s home.
This type of accommodation is covered by residential tenancies legislation, which gives you certain rights and obligations under residential tenancies legislation.
If the flat or apartment was originally part of the main house, your landlord must register the tenancy.
However, your landlord can choose to opt out of security of tenure rules, which give you the right to stay in your rented accommodation for a set amount of time. You must get notice in writing, before the start of the tenancy, if the landlord wants to take this option.
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Many companies in Ireland offer telephone services for both fixed line and mobile. Each of the providers offer different packages to consumers.
Before entering into a telephone contract, you are advised to think carefully about your needs and compare prices and plans.
ComReg’s price comparison tool allows you to compare mobile phone charges across all operators. It helps you to select the best mobile phone package for you, based on your individual usage.
What is a fixed line contract?
Fixed line is commonly known as your landline or home telephone. A fixed line means that your telephone (or the stand for a cordless telephone) is not wire free but is physically connected to a point on a wall in your home.
Many providers now offer fixed line services as part of a package (also known as a ‘bundle’) along with home internet, and sometimes TV.
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What contracts are offered by mobile network providers?
Mobile network providers offer a range of plans (with or without a new phone) that includes a certain amount of calls to other mobiles or landlines, text messages and data (this allows you to use internet while not connected to WIFI).
There are 2 main plans that mobile phone providers offer:
Prepay: This is a pay-as-you-go option where you buy credit from various outlets such as shops, bank machines and online and top up your phone when you need to.
Some providers offer prepay options that include calls, texts and data. You don’t need to sign to a contract and are free to switch networks at any time.
Bill pay: This means that you get a monthly bill for the services you have used in the previous month and will pay a set price. The duration of the contract will usually be either month-to-month or 12 to 24 months.
If you go above your allowance of calls, texts and data you will have to pay extra. When you enter into a bill pay contract, your contract is with the mobile network provider.
Bill pay plans usually give you the option to either buy a phone outright or buy it (either free or at a significantly lower price) as part of a bundle. There is also the option of a SIM-only plan where you don’t need a new phone and simply sign up to a monthly bill pay contract for calls, texts and data.
What’s usually included in my plan?
This depends on the plan and provider but generally your plan includes:
• A certain amount of free national calls
• A certain amount of calls to particular networks
• An allowance for SMS (text message)
• An allowance for data usage (usually measured in gigabytes or GB)
Can the cost of my mobile or broadband package increase mid contract?
Many of the State’s leading telecom operators link the price of their mobile and broadband packages to inflation, with increases of 3 per cent plus the Consumer Price Index (CPI) rate of inflation rolled out each year.
These increases are usually applied in April each year. The increases are outlined in the terms & condition of your contract and consequently are not considered to be a breach of contract by the provider.
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What is roaming?
Roaming is using your mobile phone while abroad. EU regulations mean that mobile phone customers are charged the same price for calls, texts and data when travelling in the European Economic Area (EEA), which include all European Union countries plus Norway, Iceland and Liechtenstein.
You should be aware that you may still be charged roaming rates for international travel outside the EEA.
What is the impact of Brexit on roaming charges when travelling to UK?
Since 1 January 2021, you are no longer entitled to the same roaming rates under EU law when travelling to the UK.
You should contact your provider to check the up-to-date prices that apply and what mobile allowances apply when travelling in the UK. ComReg has more information about the impact of Brexit on mobile roaming.
What information should I get when I sign up to a contract?
Providers of fixed or mobile services must give you the following information in your contract:
• The name and address of the service provider
• Details of the service to be provided, the quality levels and the waiting periods for first-time connections.
• Details of the pricing and charges (tariffs)
• Maintenance service available and if any charges apply.
• The duration of the contract and how to renew or cancel it
• Your right to compensation or refund if service quality levels are not met.
• Details of the complaint handling procedure
When you sign up to a new contract, you can only be bound to the contract for an initial minimum period of 24 months (2 years) or less.
You can keep your existing landline or mobile phone number when switching to a new provider. Once the contract has been agreed, the number should be activated within a few hours.
Can I cancel my phone contract?
You should check the terms and conditions of your contract to find out what your cancellation rights are. You may have to pay a fee to cancel a contract. Your legal right to cancel the contract for free depends on whether you signed up over the phone, in person, or online.
If you signed up over the phone or online you can cancel the contract if you signed up less than 14 days ago over the phone or online.
This is called a ‘cooling-off’ period. If you have already used the service (for example, you made calls on a phone), you are likely to be charged for what you have used. If you are waiting for a good such as a mobile phone to be delivered, the cooling off period starts the day you receive it.
This is to allow you time to check if the phone is what you paid for. If you cancel outside of the cooling off period, you may be charged a penalty fee or have to pay off the rest of your contract. Check the terms and conditions of your contract.
However, you don’t have the legal right to a 14-day cooling-off period if you signed up in person, for example you met a salesperson and signed the contract in the shop premises.
Any costs and charges for cancelling your contract should be made clear in your contract and at the point of sale.
What should I consider if I am switching providers?
Before switching providers, you should check your previous bills to review how many minutes and texts you use and how much data you will need.
When comparing providers and plans, you should think about:
• Discount schemes
• Minimum contract period
• Penalties for ending the contract early
• Charges and fees (can include connection charges, monthly rental fees, call costs, disconnection and reconnection charges)
• Price options
• Number portability
For mobile contracts, also think about:
• Network coverage
• Roaming for travel abroad
ComReg’s price comparison tool allows you to compare mobile phone charges across all operators. It helps you to select the optimum mobile phone package, based on your individual usage.
Before you switch, you should contact your existing provider to check if any cancellation period or penalties apply. You will probably need your Universal Account Number (UAN) to switch. This is usually displayed on your bill, but if you can’t find it you should ask your existing provider.
Are calls to Non Geographic Numbers (NGNs) such as 1800 or 0818 more expensive?
Calls to 1800 numbers are free. Calls to 0818 numbers still cost the same as calls to landline numbers.
You can read more about changes to non-geographic numbers on the ComReg website or watch this video about the changes.
Further information
ComReg has detailed information on a range of topics about home and mobile phone contracts. The contact number is 01 804 9668 or email consumerline@comreg.ie
The Competition and Consumer Protection Commission (CCPC) has more advice about mobile phones contracts. Their number is 01 402 5555
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
If you have a medical condition covered by the Long-Term Illness Scheme, you can get free drugs, medicines and medical and surgical appliances for the treatment of that condition.
You must be ordinarily resident in Ireland to qualify. This means that you are living here and intend to live here for at least one year. Students from outside the EU do not qualify for the Long-Term Illness Scheme.
The Long-Term Illness Scheme does not depend on your income or other circumstances. You may also be eligible for a Medical card or GP visit card, depending on your circumstances.
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What conditions are covered by the Long-Term Illness Scheme?
The medical conditions that qualify under the Long-Term Illness Scheme are:
If you have one of these conditions, you will get a long-term illness card if you are ordinarily resident in Ireland.
What is the benefit of the Scheme?
You do not have to pay a prescription charge for drugs you are approved for under the Long-Term Illness Scheme. Other drugs and medicines not related to the specified condition must be paid for in the normal way
If your doctor or occupational therapist prescribes a medical or surgical appliance, it will be supplied to you from your Local Health Office.
How to apply for the Long-Term Illness Scheme?
You can get an application form from your Local Health Office or download an application form from the HSE website. You can also call 0818 22 44 78 to order an application form or drop-in to your local Citizens Information Centre
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Is there any other scheme available to me if I do not have a condition covered by the Long Term Illness Scheme or do not have a medical card?
If you don’t have a medical card, or a GP visit card or a medical condition listed above, you can use the Drugs Payment Scheme to limit your expenses on prescription drugs. Under the Drugs Payment Scheme, you and your family only have to pay a maximum of €80 each month for approved prescribed drugs and medicines, and certain appliances.
Who can apply for the Drugs Payment Scheme?
You must be living in Ireland and intend to live here for a minimum of one year (ordinarily resident). If you have a medical card you should have reduced prescription charges and so you are not eligible for the Drug Payment Scheme.
The scheme is based on the monthly cost of prescription drugs, medicines and certain appliances for you and:
• Your spouse or partner
• Your children if they are aged under 18 (or under 23 if in full-time education)
• A family member with a physical or intellectual disability or mental illness who cannot maintain themselves fully. You need to include a medical report for the family member who cannot maintain themselves.
How does the Drugs Payment Scheme work?
After you register for the scheme, you will get a plastic swipe card for each person named on the registration form. You should show this card whenever you collect your medication or appliances from the pharmacy. You should use the same pharmacy in a month to avoid paying more than the maximum €80. You do not have to register with a pharmacy for the scheme.
The HSE Primary Care Reimbursement Service provides a list of medicines or aids provided under the Drugs Payment Scheme. Appliances covered include positive airway pressure (CPAP) machine and rental costs for oxygen.
How to apply for the Drug Payment Scheme?
You can apply for the Drugs Payment Scheme online at mydps.ie. You can download a form from the HSE website or pick one up from your local Health Office or Citizens Information Centre.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
In certain circumstances, you can delay paying some or all of your Local Property Tax (LPT) until a later date.
This is known as a deferral. If you meet the deferral requirements, you can choose to defer the LPT until your financial circumstances improve or the property is sold. However, this does not mean that you are exempt from the LPT.
Interest is charged on the deferred amount and the deferred amount remains a charge on the property.
If you qualify for partial deferral, you can defer 50% of your LPT and pay the other 50%.
Deferral of LPT based on income
You may qualify for full or partial deferral of LPT for a property you own and live in if your income is below a certain amount. You qualify for deferral each year based on your estimated gross income for the previous year.
So, for example, if you were liable for LPT on 1 November 2023 (the liability date) you would estimate your gross income for 2023 to see whether you qualify for deferral or partial deferral of the payment in 2024.
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If you claimed a deferral for a year and your circumstances change you must inform Revenue.
Deferral following a death
If one member of a couple who qualified for a deferral dies, the deferral will remain in place until the next valuation date (currently 1 November 2025) and the income of the surviving person is not taken into account until then.
On 1 November 2025, the surviving person may make a claim for deferral of the tax. If you satisfy the conditions, you will qualify for deferral.
If you do not qualify for deferral after 2025, the amount that was deferred up to the end of 2025 may continue to be deferred. Interest will continue to be charged on the deferred amount in the usual way.
If you inherit a property from someone who is not your spouse, civil partner or cohabitant, Revenue may allow the deferral to continue if you apply for a deferral and qualify.
The transfer of the property to you means that the tax deferred (plus interest) becomes payable at that point if you do not meet the conditions for a deferral in your own right.
Deferral for personal representatives of a deceased liable person
When a person dies, their property passes to their personal representative. The personal representative then has the duty to distribute the deceased person’s money and property in accordance with the will or with the laws of intestacy if there is no will.
The personal representatives of a deceased person may apply for a deferral of LPT until the earlier of either:
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• The date on which the property is transferred or sold
• 3 years after the date of death
To qualify for deferral, the deceased person must have been the sole owner of the property but it does not need to have been their main residence.
Deferral based on personal insolvency
If you have entered into a Debt Settlement Arrangement or a Personal Insolvency Arrangement, you can apply for a deferral of LPT while the insolvency arrangement is in place.
You must have formally agreed your insolvency arrangement with the Insolvency Service of Ireland and your Insolvency Case Number must be included with your application. You will have to pay the deferred LPT, including accrued interest, when the insolvency arrangement ends.
Deferral based on hardship
You can claim a deferral if:
• You have had an unexpected and unavoidable significant loss or expense and
• As a result, you are unable to pay LPT without too much financial hardship
You must disclose your financial circumstances and any other information required by Revenue.
Examples of the type of losses or expenses that may be considered include:
• Emergency medical expenses
• Major repairs that are unexpectedly needed to keep your house habitable
• Expenses due to a serious accident or the death of a family member
• The loss of your job
• A bad debt you incur if you are self-employed
Interest charged
Any deferred amounts have interest charged on them at a rate of 4% a year. The previous deferral interest rate of 4% applied up to 31 December 2021. The rate of interest charged on all deferred amounts from 1 January 2022 is 3% per year.
How to apply for a deferral of LPT
You can apply for a deferral or partial deferral on the basis of your income when you make your LPT return.
If you have already submitted an LPT return, you can apply to Revenue in writing by post or through myEnquiries. If you are applying for a deferral under any of the other categories, you must submit the LPT2 form.
You can get further information from the Revenue Local Property Tax (LPT) Branch, Tel: (01)738 3626
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Who owns the boundary between your property and your neighbour’s?
The general rule is that any boundaries between your land and your neighbour’s land are jointly owned by both you and your neighbour.
But you may be able to prove that you own a boundary structure outright. Even if you can show that you have outright ownership of a boundary structure, your neighbour may have certain rights over that structure.
If you do not know where the precise boundary between your property and your neighbour’s property is, or how the boundary is owned, you should start by investigating your title.
Your title documents are the deeds and related papers that describe your land. Your property may be registered in the Land Registry. You should get legal advice if there is a dispute about the ownership of any part of your property or land.
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What is a party structure?
A party structure is any structure that divides separately owned buildings, or is situated at a boundary line or so close to a boundary line that you could not carry out works to the structure without access to the adjoining structure or land.
It can be a wall, arch, ceiling, floor, partition, ditch, fence, hedge, shrub, tree or any other structure.
Can you carry out works to a party structure?
You should always get your neighbour’s consent before carrying out works to a party structure. If you carry out works without your neighbour’s permission, your neighbour could take a claim for trespass and nuisance.
You must pay your neighbour’s reasonable costs for getting professional advice to assess the likely consequences of the work.
You must also pay reasonable compensation for the inconvenience caused by the works and reimburse your neighbour for any damage done to their property.
You are entitled to take into account your neighbour’s use and enjoyment of the party structure when assessing the compensation they are due.
If you fail to compensate your neighbour, they can apply to the District Court for an order to compel you to make good any damage, or to pay them for the costs and expenses.
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You are entitled to carry out works on a party structure in the following circumstances:
• Works that are required in order to comply with any statutory provision, for example, the requirements of the Building Regulations
• Exempted developments under the Planning Acts (developments for which planning permission is not needed), or developments for which you have planning permission or which are required in order to comply with the conditions of a planning permission
• Works required for the preservation of the party structure or of any building or unbuilt-on land of which it forms a part
• Any other works that will not cause substantial damage or inconvenience to your neighbour, or that even if they will cause damage or inconvenience, it is nevertheless reasonable to carry them out
• You should be careful not to leave a party structure in a dangerous condition as a result of your actions.
What happens if your neighbour does not consent to works?
You can apply to the District Court for a works order. A works order may:
Authorise you, or people authorised by you, to enter your neighbour’s building or land for any purpose connected with the works
Require you to indemnify or give security to your neighbour for damages, costs and expenses caused by or arising from the works or likely to be caused or to arise
The procedure for getting a works order is set out in Order 93A of the District Court Rules. You must notify your neighbour of your intention to apply for a works order. The required form is available from the District Court clerk.
There are also forms available for an application to the District Court for damage to be made good and for applications to modify or discharge (cancel) a works order. The other party must be notified in these cases as well.
Can I cut trees and hedges which are encroaching on my property?
A tree or hedge on a boundary is generally the property of both landowners. You are not allowed to cut down the tree or hedge without your neighbour’s permission.
Overhanging branches or roots that are encroaching on your land can be cut back without permission, but only as far as the boundary line. You should still discuss this with your neighbour to avoid disagreements.
You should make sure that the tree is not the subject of a tree preservation order. Tree preservation orders are made by the local authority.
You should check with the local authority before cutting back or taking any action against a tree that is subject to a tree preservation order.
Can Utility companies cut back trees on my property?
Electricity and telecommunications companies have various rights to cut down or lop trees that are on private property that may obstruct wires, under the Electricity (Supply) Act 1927.
They must give seven days’ notice to the landowner of their intention to do this. You may choose to have the work done yourself. If you do, you must notify the company within seven days, and the utility provider must pay the costs involved.
• If you need further information about any of the issues raised here or you have other questions, you can drop-in to your local Citizens Information Service in Tralee, Killarney or Caherciveen – opening hours are listed on our website www.citizensinformation.ie
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Q. As an employee, what are my entitlements in relation to Public Holidays?
Most employees are entitled to paid leave on public holidays. There is an exception for certain part-time employees
If you qualify for public holiday benefit, you are entitled to one of the following:
• A paid day off on the public holiday
• An additional day of annual leave
• An additional day’s pay
• A paid day off within a month of the public holiday
You can ask your employer at least 21 days before a public holiday, which of the alternatives will apply.
If your employer does not respond at least 14 days before the public holiday, you are entitled to take the actual public holiday as a paid day off.
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Q. As a part-time worker, what is my entitlement to in relation to Public Holidays?
If you work for your employer for at least 40 hours in the 5 weeks before the public holiday and it falls on a day you normally work, you get paid for the day even if you don’t work. If you have to work that day, you are entitled to an extra day’s pay.
If you don’t normally work on a certain day but it’s a public holiday, you should get paid one-fifth of your weekly pay. Even if you never work on public holidays, you still get paid a fifth of your weekly pay as compensation for the public holiday.
Again, you must have worked for your employer for at least 40 hours in the 5 weeks before the public holiday.
You can count time spent on annual leave as ‘time worked’ when calculating the 40 hours worked in the 5 weeks before the public holiday
Q. What is my entitlement if the public holidays falls on a weekend?
When a public holiday falls on a day which is not a ‘normal working day’ for that business (for example, on Saturday or Sunday), you are still entitled to benefit for that public holiday.
For example, you may get an extra day of annual leave, or an additional days pay, or a paid day off within a month of the public holiday. However, you do not have any automatic legal entitlement to have the next working day off work.
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Q. Is Good Friday a public holiday?
Good Friday is not a public holiday. While some schools and businesses close on that day, you have no automatic entitlement to time off work on that day.
Q. How is the date of Easter Monday set each year?
Easter Monday is the only public holiday that can vary significantly from year to year. The date of Easter moves every year. Easter should be the first Sunday after the first full moon occurring on or after 21 March.
This means the earliest possible date for Easter Sunday in any year is 22 March, and the latest is 25 April. Easter Monday falls on 1 April 2024 and 21 April 2025.
Q. What are my rights if I am on sick leave on a public holiday?
If you work full-time and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday you missed.
Your employer can also choose to regard you as not on sick leave on the public holiday and pay you as normal for the public holiday. If this is the case, the public holiday is not counted as a sick leave day.
If you are a part-time worker and you are on sick leave during a public holiday, you are entitled to benefit for the public holiday, once you worked for your employer for at least 40 hours in the previous five-week period .
However, there are some exceptions. You are not entitled to pay or time off for the public holiday if you are on sick leave immediately before the public holiday, and either of the following apply:
You have been off work for more than 26 weeks due to an ordinary illness or an accident
You have been off work for more than 52 weeks due to an occupational accident
Q. What can I do if I am not getting my public holiday entitlement?
If you are not getting your public holiday entitlement, you should discuss this with your employer.
You can also complain to the Workplace Relations Commission (WRC) under the Organisation of Working Time Act. You must make your complaint using the WRC’s online complaint form within 6 months of the dispute or complaint occurring.
This time limit may be extended for a further 6 months, but only where there is a reasonable cause which prevented you from bringing the complaint within the normal time limit.
You should contact your local Citizens Information Centre for information and assistance re making a complaint to the WRC and the WRC Adjudication process.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
Know Your Rights has been compiled by Kerry Citizens Information Service which provides a free and confidential service to the public…
Jury service is when you are instructed to attend court with other members of the public, so the court can select people to sit on juries for upcoming court cases.
Even though you are called for jury service, you may not actually serve on a jury. If you are selected to serve on a jury, you and the other jurors will hear the evidence in the case, and then decide if the accused person is guilty of an offence.
You have an obligation to attend for jury service if you are called to do so. You will be contacted by summons of the County Registrar, and the summons will state that you are obliged to attend for jury service on a particular date.
Who is eligible for jury service?
If you are an Irish citizen aged 18 and over, and are on the Register of Electors you are eligible for jury service, unless you:
• Are involved in any way with the administration of justice. This includes judges, former judges, the President, the Attorney General, the Director of Public Prosecutions, members of the Gardaí and defence forces, prison officers, practising barristers, solicitors, court officers such as registrars, and personnel in government departments involved in matters of justice or the courts.
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• Have, or had, a mental illness or mental disability and because of this are staying in a hospital or similar institution, or regularly attend treatment with a medical practitioner
• Are unable to read or have a long-term impairment that means it is not practical for you to serve on a jury
The rules about eligibility for jury service in Ireland are set down in the Juries Act 1976 as amended by the Civil Law (Miscellaneous Provisions) Act 2008.
Who is disqualified from jury service?
You are disqualified from jury service if you:
• Have been convicted of a serious offence in Ireland
• Have ever been sentenced to five years or more in prison
• Have been sentenced to three months or more in prison in the last ten years
• Are living in Ireland but are not an Irish citizen.
Who has a right to be excused from jury service?
You have the right to be excused from jury service if you:
• Are aged 65 or over
• Are a member of either House of the Oireachtas, a member of the Council of State, the Comptroller and Auditor General, a Clerk of Dáil Éireann or Seanad Éireann, in Holy Orders, a minister of any religious denomination or community, a member of a monastery or convent, an aircraft pilot, a full-time student or a ship’s master
• Provide an important community service, such as a practising doctor, nurse, midwife, dentist, vet or chemist
• Have served on a jury in the last three years, or have been excused by a judge for a certain amount of time after a previous period of jury service
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In some cases, people with the following jobs can be excused, however in these cases you must provide certification that your role cannot be postponed or reasonably performed by another person:
• Member of staff of either House of the Oireachtas
• Head of a government department
• Civil servant
• Chief executive officer or employee of a local authority
• Health Service Executive (HSE) employee
• Harbour authority employee
• School teacher
• University lecturer
Other situations when you can be excused from jury service
You can also be excused from jury service in other situations, for example:
• The County Registrar or the trial judge can excuse you if they are satisfied that there is ‘good reason’ to do so
• At the end of a case of ‘an exceptionally exacting nature’, the trial judge can excuse the jury from jury service for as long as they consider suitable
What happens if I don’t attend for jury service?
Under the Juries Act 1976, you can be fined for:
• Failing to attend for jury service without a reasonable excuse
• Being unavailable when called to serve as a juror
• Being unfit for service by reason of drink or drugs
You can also be fined for other offences in relation to jury service, including:
• Making (or causing to be made) any false representations
• Serving on a jury knowing you are ineligible or disqualified
• Giving false or misleading answers to the judge about your qualification for jury service
• Making (or causing to be made) any false representations about a person summoned as a juror so they don’t have to do jury service
How is a jury selected?
Jurors are contacted by summons of the County Registrar. You must reply to the jury summons. You can do this online by visiting jury.courts.ie or by using the QR code on the summons.
You can also reply by post using the form and pre-paid envelope provided. If you have a right to be excused from jury service, you must state this when you respond to the summons.
If you want to be excused for another reason (such as illness), you must state that reason when you reply to the summons and enclose any certificates or documents in support of your application. The County Registrar will decide if you can be excused, or not.
Is there a payment for jury service?
You are not paid for jury service and travelling expenses are not allowed. If you are actually serving as a juror, lunch will be provided on the day or days of the trial.
If you are self-employed and work alone and your attendance at jury service means you cannot earn a living, you may qualify to be excused from jury service. You should contact the jury office of the court for more information.
If you are signing on for a Jobseeker’s payment you will continue to be paid, but you should advise your local social welfare office that you have been called for jury service.
What happens if I am employed?
If you are in employment, your employer must let you attend jury service. Time spent on jury service should be treated as if the employee were actually employed.
In other words, if you are in employment and are attending for jury service, you are entitled to be paid while you are away from work.
If you have a contract of employment, for example, (temporary workers or contract workers) you are entitled to be paid by your employer while you are on jury service.
There should also be no loss of any other employment rights while you serve on a jury. You can request a certificate from the jury office to confirm your attendance at jury service.
If you feel your employment rights have been infringed or you have lost employment rights while serving on a jury, you can make a complaint to the Workplace Relations Commission using the online complaint form available on workplacerelations.ie. You can contact your local CIC for information.
• For anyone needing information, advice or have an advocacy issue, you can call a member of the local Citizens Information team in Kerry on 0818 07 7860, they will be happy to assist and make an appointment if necessary.
The offices are staffed from Monday to Friday from 10am to 4pm. Alternatively you can email on tralee@citinfo.ie or log on to www.citizensinformation.ie for further information.
