Buying goods online

Question

I have ordered a few presents from a Belgian website. Can I return them if I’m not happy with them when they arrive?

Answer 

Online purchases within the EU are covered by the EU Directive on Consumer Rights. Under this Directive you are entitled to a cooling-off period of 14 days. During the cooling-off period, you can cancel distance contracts such as online purchases without giving a reason and without incurring charges or penalties, other than possible charges incurred in returning the goods.

The 14-day cooling-off period begins on the day that you receive the goods.

Upon cancellation, the distance seller is obliged to repay you within 14 days, including delivery costs. If you chose a more expensive type of delivery than the seller’s cheapest standard delivery, you are only entitled to be refunded the cost of the cheaper delivery type.

The seller can withhold the repayment until the goods are returned or until you supply evidence that you have sent the goods back.

You must send the goods back within 14 days of informing the seller of the cancellation. You have to pay for the cost of returning them, unless the seller did not inform you before you ordered the goods that you would have to bear the cost.

The seller should have provided you with confirmation of the contract, as well as  information on aftersales and guarantees, how to cancel the contract and a postal address for complaints. If the seller did not provide you with information on your right to cancel, the cooling-off period can be extended by 12 months.

Cancellation may not be accepted in certain cases, for example, if the goods were made especially for you.

Further information is available from the European Consumer Centre and the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Tenants with landlords living abroad

Question

Our landlady lives in Spain and we pay rent into her bank account. Is it true that we need to collect the tax she is liable for?

Answer 

Yes, if you pay rent directly to a landlord (or landlady) who lives abroad, you must deduct tax from the rent and account for it to Revenue, whether by paying it to Revenue or by reducing your tax credits. You deduct the tax at the standard rate (20% at present) from the gross amount of rent that you pay. This deduction is not your tax relief – it is tax payable to Revenue from your landlady's income.

Say, for example, you pay gross monthly rent of €1,500 directly to your landlady. The amount of tax to deduct is 20% of €1,500, which is €300. Subtract this from the gross rent to get net monthly rent of €1,200. You pay this to your landlady. The amount due to Revenue is the €300 per month that you deducted. (The situation is different for a tenant who pays rent through an agent to a landlord living abroad. In this situation, you do not deduct tax from the rent. The landlord’s collection agent must account for it in an annual tax return.)

You must account to Revenue for the tax that you deduct from the gross rent. If you fail to deduct the tax and account for it, this will mean that you (not your landlady) will be liable for any tax that should have been deducted.

If you pay tax under PAYE, you can account for it by reducing your tax credits and Standard Rate Cut-Off Point. You can notify your local Revenue Office and ask them to arrange this. Alternatively, you can make a tax return on Form 12 (pdf) and pay the retained amount to Revenue.

If you pay tax under self-assessment, you should include the details of your rent with your annual return on Form 11 (pdf). A notice of assessment will then issue to you, showing your reduced tax credits.

At the end of the year you must give your landlady a completed Certificate of Income Tax Deducted - Form R185 (pdf).

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Update Public holidays at Christmas

Know Your Rights: Public holidays at Christmas

December 2016

Question

I work full-time, Monday to Friday. What days off will I get at Christmas?

Answer 

Christmas Day (25 December), St Stephen’s Day (26 December) and New Year’s Day (1 January) are public holidays every year.

In 2016 Christmas Day falls on a Sunday and St Stephen's Day falls on a Monday. New Year's Day 2017 falls on a Sunday.

Where a public holiday falls on a weekend, you do not have any automatic legal entitlement to have the next working day off work. This means that, for example, Tuesday 27 December 2016 is not a public holiday. Your employer can require you to attend work on that day. Your public holiday entitlement for Christmas Day will be one of the following:

·         A paid day off within a month of the public holiday

·         An additional day of annual leave

·         An additional day's pay

Under the Organisation of Working Time Act 1997, you may ask your employer, at least 21 days before a public holiday, which of the alternatives will apply to you. Your employer should respond to you at least 14 days before the public holiday. In practice, many employers will give employees Tuesday 27 December and Monday 2 January off in lieu of Christmas Day and New Year’s Day – but it is important to remember that this is not an automatic entitlement.

You can find out more about public holidays in the Explanatory Booklet on Holidays and Public Holidays (pdf) which is available from the Workplace Relations Commission website, workplacerelations.ie.

If you do not get your public holiday entitlement, you may make a complaint under the Organisation of Working Time Act within 6 months of the dispute or complaint occurring. You must use the online complaint form available on workplacerelations.ie.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: Christmas Bonus

Question: 
I’m getting a social welfare payment. Will I get a Christmas Bonus?

Answer: 
The Christmas Bonus is paid to people getting a long-term social welfare payment. Long-term social welfare payments include the following:

• State Pensions and Widow’s/Widower’s/Surviving Civil Partner’s Pensions• Invalidity Pension, Blind Pension, Disability Allowance, Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and guardian’s payments• Jobseeker’s Transitional payment, One-Parent Family Payment, Farm Assist, Deserted Wife’s Benefit and Allowance• Community Employment, Rural Social Scheme, Tús, Gateway, Back to Work Enterprise Allowance and Job Initiative• Back to Education Allowance (BTEA), VTOS and Further Education and Training (FET) training allowance (people coming from jobseeker's payments must have been on their payment and/or BTEA or VTOS or FET training allowance for 15 months)

For Jobseeker’s Allowance or Basic Supplementary Welfare Allowance, you must be getting the payment for 15 months to get a Christmas Bonus.

In 2016 the Christmas Bonus will be 85% of your normal weekly payment (including the Living Alone Increase, the Island Allowance and the Over-80 Increase). Fuel Allowance is not included when calculating the Christmas Bonus. The minimum Christmas Bonus payment is €20. 

For Domiciliary Care Allowance (DCA), which is paid monthly, the bonus is 85% of the weekly payment. The DCA portion of the bonus is calculated independently of other payments. So, for example, if you are getting DCA for one child, 85% of the weekly payment is €60.70. 

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330 

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: Flu vaccination

Question:

I have been told I need to get a flu vaccine. Can I get it for free?

Answer 

Influenza, usually known as the flu, is highly infectious and anyone can get it. However some groups are at greater risk of complications if they get the flu. This includes people over the age of 65, pregnant women and people who have a chronic medical condition.

The flu vaccine can help protect you from getting the flu. The flu virus changes every year and this is why there is a new vaccine each year. Vaccination is strongly recommended if you:

·      Are aged 65 and over

·    Have a long-term medical condition such as diabetes, heart, kidney, liver, lung or neurological disease

·     Have an impaired immune system due to disease or treatment

·     Have a body mass index (BMI) over 40

·        Are pregnant

·         Live in a nursing home or other long-stay institution

·         Are a carer or a healthcare worker

·         Have regular contact with poultry, water fowl or pigs

You can get the vaccine from your GP (family doctor) or pharmacist. Children can get the vaccine from a GP.

The vaccine itself is free of charge if you are in one of the recommended groups.However, doctors and pharmacists may charge a consultation fee when they give you the vaccine.  If you have a medical card or GP visit card you can get the vaccine without being charged a consultation fee.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: Free cancer screening programmes

Question

My friend has been invited to take part in free cancer screening. I haven’t received an invitation but she says it’s a national free screening programme. How do I take part?

Answer

There are free screening programmes to help detect or prevent a number of types of cancer.

BowelScreen, The National Bowel Screening Programme, aims to find bowel cancer at an early stage in people who have no symptoms. It offers free screening every two years to men and women aged 60 to 69. If you are in this age group you can ring BowelScreen on Freephone 1800 45 45 55 to check your details are on the register. If you are on the register you will receive an invitation to take part in the BowelScreen programme.

CervicalCheck,The National Cervical Screening Programme, tests women aged 25 to 60 for changes in the cells of cervix. Early detection and treatment can prevent cervical cancer. If you are aged between 25 and 60 and have never had a CervicalCheck smear test you can simply make an appointment with a GP practice or clinic registered with CervicalCheck. You can find one in your area by visiting cervicalcheck.ie or by calling Freephone 1800 45 45 55. A letter of invitation is not needed to make an appointment and attend for a first test.

BreastCheck, The National Breast Screening Programme, invites women to a free mammogram (x-ray of the breast) every two years. The screening has been available to women aged 50 to 64 but is currently being extended to also include women aged 65 to 69. If you have not received an invitation you can check if you are registered by visiting breastcheck.ie or by calling freephone 1800 45 45 55.

Screening can help prevent or detect cancer at an early stage in people who have no symptoms. If you have any specific concerns or symptoms you should visit your GP (family doctor).

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Benefits for carers

October 2016

Question

My mother is in hospital and I will need to provide full-time care for at least 6 months when she gets out. What is available for people in my situation?

Answer

There are several entitlements available to you. In order for you to qualify, the person you are caring for (your mother) must be deemed to be in need of full-time care and attention. This decision will be made by the Department of Social Protection, based on information provided by your mother’s GP.

If you are working at present and will be taking time off to care, you may be eligible for carer's leave of up to 2 years. You must have worked for your employer for a continuous period of 12 months to qualify for this leave.

While you are on carer’s leave, you are entitled to get credited social insurance contributions to maintain your PRSI record.

You are entitled to annual leave and public holidays in respect of the first 13 weeks of carer’s leave. Your employer cannot dismiss you or victimise you for exercising your right to carer’s leave.

You may also be entitled to Carer’s Benefit from the Department of Social Protection, if you have enough PRSI contributions to qualify.

If you do not qualify for Carer’s Benefit, you may qualify for a means-tested Carer’s Allowance.  If you get Carer's Allowance, you are entitled to a Free Travel Pass. You may also qualify for the Household Benefits Package if you live with the person you are caring for.

There is also an annual Carer’s Support Grant of €1,700, formerly known as the Respite Care Grant, which is paid to full-time carers in June each year. Even if you are not getting any other social welfare payment, you can qualify for this grant if you fulfil the conditions.

New Earned Income tax credit

October 2016

Question

I am self-employed and make a tax return each year. What is the new tax credit for self-employed people? How do I apply for it?

Answer 

From 1 January 2016, a new Earned Income tax credit of €550 is available for self-employed people (in addition to the normal personal tax credits and other reliefs). Proprietary directors who are not eligible for the PAYE employee tax credit can also claim this credit.  

This Earned Income Tax Credit is calculated at 20% of your self-employed (or earned) income. It does not include any earned income that is taken into account for the PAYE employee tax credit. Note that if you also qualify for the PAYE tax credit, the combined value of both tax credits cannot exceed €1,650.  The maximum relief for 2016 is €550. However, if your earned income is below €2,750, the tax credit is restricted to 20% of the income. For example, if your total earned income is €2,000 your maximum tax credit is 20% of this or €400.

As a self-employed person you pay tax under the self-assessment system. Under this system (known as "Pay and File") you must file your return, complete a self-assessment, and you must pay the balance of tax outstanding for the previous year. At the same time, you must pay preliminary tax (an estimate of tax due for your current trading year) for the current year. When you pay preliminary tax for 2016 you can include the Earned Income tax credit in your calculations. However the new Earned Income tax credit is not available for the 2015 tax year.

The date for payment of tax and filing of returns is 31 October each year. For 2016, if you file your tax return online using the Revenue Online Service (ROS), the due date is extended to 10 November 2016.  

New Paternity Benefits

Question

My partner and I are expecting a baby in September. Can I claim the new Paternity Benefit? Are there any other benefits I can claim?

Answer

Paternity Benefit is a new payment for employed and self-employed people who are on paternity leave from work and covered by social insurance (PRSI). The PRSI classes that count for Paternity Benefit are A, E, H (with the exception of serving members of the Defence Forces) and S (self-employed).

Paternity Benefit is paid for two weeks (in one block) and is available for any child born or adopted on or after 1 September 2016. You can start paternity leave at any time within the first 6 months following the birth or adoption placement. If you are already getting certain social welfare payments, then you may get half-rate Paternity Benefit.

You must notify your employer four weeks before you intend to go on paternity leave (12 weeks if you are self-employed). You must provide proof of the expected date of birth (this is a certificate from your spouse’s or partner’s doctor confirming when the baby is due) or confirmation of the birth if you are applying after the baby has been born. In the case of adoption, you must produce a certificate of placement.

Paternity Benefit is available from 1 September 2016. You can apply online at mywelfare.ie for Paternity Benefit from 5 September 2016 (your payment will be backdated if necessary). You must have a Public Services Card to apply for Paternity Benefit.

You can also claim up to 18 weeks of unpaid parental leave from work (until your child’s eighth birthday - or 16th if they have a disability).  Both parents have a separate entitlement to 18 weeks’ parental leave.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: Donations to charity

Question

I make regular donations to charity. Can I claim tax back on my donations?

Answer

The tax code provides for tax relief for “eligible charities” and other “approved bodies” including schools and educational institutions. Revenue lists bodies that have been granted a charitable tax exemption on its website.

If you make a donation of at least €250 to an eligible charity, tax relief on your donation is allowed to the charity rather than to you (the donor). Cash donations made in instalments, such as by standing order, also qualify. The charity can claim a refund of tax on your donation at the end of the tax year. Relief is granted to the charity at a blended rate of 31% rather than the rate you actually pay. The donor is not entitled to a repayment of any part of the tax that has been repaid to the charity.

The amount repaid to a charity for any tax year cannot be more than the amount of tax actually paid by the donor for that year. For example, if your income tax liability for 2015 is €350 (which you have paid), the repayment to the charity is restricted to that amount. The minimum qualifying donation for individuals in a year of assessment is €250 and the maximum qualifying donation is €1 million. (Note that corporate donations are treated differently.)

If you are willing to allow the charity claim a refund on your donation, you need to fill out a form - either an “Annual Certificate” (CHY4) for a single tax year, or an “Enduring Certificate” (CHY3) which lasts for up to five years. You can find more information about tax refunds to charitable organisations in Revenue’s booklet about the Charitable Donation Scheme (pdf).

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: Small Claims Court

Question

I am not happy with work that I had done in my house by a builder and will have to pay for someone else to finish the job properly. What can I do to recoup the additional expense?

Answer 

If your original builder is unwilling to compensate you, you may be able to pursue a claim against the builder through the Small Claims procedure. The aim of this procedure is to provide an inexpensive, fast and easy way for consumers to resolve disputes without needing to employ a solicitor. The maximum amount you can claim is €2,000. The Small Claims service is provided through local District Court offices.

Anyone who has purchased goods or services for private use from someone selling them in the course of business may submit a claim using the Small Claims procedure. You can make claims for faulty goods or bad workmanship, minor damage to property and for the non-return of rent deposits for certain kinds of rented properties. Businesses involved in disputes with other businesses can also use the Small Claims procedure.

To make a claim, you complete an application form, which you can get from the Small Claims Registrar at your local District Court office. You can also get help in completing the form from the Registrar. Make sure you use the correct name and address of the person or company against whom you want to make the claim. The completed form with a fee of €25 should be lodged with the Small Claims Registrar. You can also apply online at the Courts Service Online website, csol.ie.

The Registrar sends a copy of your application to the person against whom you are making the claim. If the other party does not reply within 15 days of receiving your application, your claim will be automatically treated as undisputed and you can apply for a court order in your favour.  But, if your claim is disputed, the Registrar will contact you and let you have a copy of the reasons why the other party is disputing your claim. The Registrar will try to negotiate a settlement to the dispute. If no settlement can be reached, the matter is then set down for a court hearing in the District Court. 

You can get more information on your options from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330 

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Update 7th September - The National Flag

Question

What are the rules around using the national flag. Is it true that you can’t write on it?

 

Answer

The National Flag of Ireland is often referred to as the tricolour and consists of three colours – green, white and orange. It was adopted as the flag of the Irish Free State in 1922. It was formally confirmed as the National Flag in the 1937 Constitution:

“The national flag is the tricolour of green, white and orange.”

Article 7: Bunreacht na hÉireann.

As part of the 1916 commemorations, the national flag was presented to every primary and post-primary school in the State. Along with the flag, schools received a copy of the 1916 Proclamation as Gaeilge and in English, and a booklet detailing the guidelines for respecting the flag.

These guidelines are issued by the Department of the Taoiseach and give extensive information about when the flag can be flown and how it should be used. For example, no other flag or pennant should be flown above it when it is being flown in Ireland. Care must also be taken not to let the flag touch the ground or become entangled with trees.

The flag should never be defaced by placing slogans, logos, lettering or pictures of any kind on it, for example, at sporting events and it should not be draped on cars, trains, boats or other modes of transport. It should not be carried flat, except when used to drape a coffin. The rules also say the national flag should be replaced if it has become worn or frayed, as it is no longer fit for display in a respectful manner. The same principles apply if the flag is reproduced in printed or electronic format.

However, these guidelines are not statutory guidelines. In other words, there are no laws setting out the rules around use of the flag. This means that there are no penalties for anyone who does not follow the guidelines.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Know Your Rights: GP services with medical card

Question: I have a medical card but my doctor has recently charged me for a medical certificate and for a blood test? Should I have to pay for these or should they be covered by the medical card?

Answer

Doctors provide services to medical card holders under the General Medical Scheme (GMS). This means that they have a contract for these services with the Health Service Executive (HSE). The services provided include consultations with patients and necessary treatments that would normally be provided by a general practitioner (GP). GPs also provide prescriptions for drugs, medicines and appliances as required.

Not all GP services are covered under the agreement. For example, if you need a medical report for a driving licence application you may be charged. You may also be charged for medical certificates for absence from work. If you need a medical report to apply for a social welfare payment, the Department of Social Protection may cover the fee.

If you have a medical card or a GP visit card and you need a blood test to diagnose or monitor a condition, this should be provided free of charge. If you have been charged for a blood test by your doctor, you can complain to the HSE. The HSE deals with these complaints on a case by case basis and will arrange for a refund, where appropriate. You make a complaint by contacting your Local Health Office.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000

Update 18th August

Question

I have a medical card but my doctor has recently charged me for a medical certificate and for a blood test? Should I have to pay for these or should they be covered by the medical card?

Answer

Doctors provide services to medical card holders under the General Medical Scheme (GMS). This means that they have a contract for these services with the Health Service Executive (HSE). The services provided include consultations with patients and necessary treatments that would normally be provided by a general practitioner (GP). GPs also provide prescriptions for drugs, medicines and appliances as required.

Not all GP services are covered under the agreement. For example, if you need a medical report for a driving licence application you may be charged. You may also be charged for medical certificates for absence from work. If you need a medical report to apply for a social welfare payment, the Department of Social Protection may cover the fee.

If you have a medical card or a GP visit card and you need a blood test to diagnose or monitor a condition, this should be provided free of charge. If you have been charged for a blood test by your doctor, you can complain to the HSE. The HSE deals with these complaints on a case by case basis and will arrange for a refund, where appropriate. You make a complaint by contacting your Local Health Office.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Boyle Citizens Information Centre which provides a free and confidential service to the public. Tel: 0761 07 6330

Address: Elphin Street, Boyle, Co. Roscommon

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service - 0761 07 4000