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

Part-time work and social welfare payments

Know Your Rights: Part-time work and social welfare payments

August 2016

Question

I’m working part-time on a low wage. Do I qualify for any social welfare payments?

Answer 

It depends on your personal circumstances. Many people work part time before taking up full-time employment. If you are working part time you can, in some cases, keep or apply for a partial social welfare payment, or you may qualify for additional supports.

If you work over 38 hours in a fortnight and you have children you may be able to claim Family Income Supplement (FIS). FIS is a weekly tax-free payment for people on low pay. You may be able to claim a jobseeker’s payment for the days you are not working. You can work part-time for up to 3 days a week and claim a reduced Jobseeker's Benefit or Jobseeker's Allowance payment. You may qualify for the Part-time Job Incentive Scheme if you were getting Jobseeker’s Allowance and find part-time work for less than 24 hours per week.  However, one of the main conditions for getting a jobseeker’s payment is that you must be available for and actively seeking work. This means that you must continue to look for work on the days you are unemployed. You must also be unemployed for at least 4 days out of 7 consecutive days.

If you return to work after a period of unemployment, you may qualify for the Back to Work Family Dividend (BTWFD) which aims to help families move from social welfare into employment. The BTWFD and FIS can be paid together and the BTWFD is not taken into account in the means test for FIS.

If you are parenting alone and getting a One-Parent Family Payment, you are allowed to earn a certain amount each week and keep your payment. In some cases, people getting disability payments can do some work and keep a social welfare payment. 

Know Your Rights: Garda vetting

Question

I have applied for a job in a sports club and have been told that I must be vetted by the Gardaí. What does this mean?

Answer

Since 29 April 2016, people working with children or vulnerable adults must be vetted by the Garda Síochána National Vetting Bureau. Workers include staff, volunteers and those on student placements working for an organisation through which they have unsupervised access to children and/or vulnerable adults.

Under the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012–2016, organisations that require Garda vetting of individuals must register with the National Vetting Bureau. These include childcare services, schools, hospitals, health services and organisations providing leisure, sporting or physical activities to children and/or vulnerable people.

If you are applying for a job with a registered organisation, the organisation will send you a vetting invitation form. You must complete the form and return to the organisation with proof of your identity. After validating your identity, the organisation will send you an email with a link to the vetting application form. You then apply to be vetted online using e-Vetting. If you wish, you may apply using a paper form instead. If you are aged under 18 you must submit a signed parent or guardian consent form. 

After reviewing your vetting application, the organisation submits it to the National Vetting Bureau. The National Vetting Bureau processes the application and sends a vetting disclosure to the organisation. A vetting disclosure may include details of convictions and pending prosecutions or a statement that there is no criminal record. The organisation will review the disclosure and will send you a copy of it. 

You can track the progress of your e-Vetting application online.

Further information is available from the National Vetting Bureau at https://vetting.garda.ie/  and from the Citizens Information Centre.

State pensions and qualified adults

Question

I am retiring from work when I turn 66 and will be eligible for a reduced-rate State Pension (Contributory) of €198.60. My husband is getting his full State Pension (Contributory) of €233. He thinks we would be better off if he claimed for me as a qualified adult on his pension. Is he correct? If we do this, will all the money be paid to him?

Answer

If your husband claims for you as a qualified adult on his pension, then his pension will consist of €233 plus an increase of €209 – a total of €442. The increase is automatically paid directly to you (although you can request that it is paid with your husband’s pension). If you decide to claim a reduced rate contributory pension then the total for you both will be €431.60. Therefore, it would appear that you are indeed better off being a qualified adult.

However, there are other factors that you should take into account. While your husband’s pension is not means tested, the Increase for a Qualified Adult is means tested. This means that any income you have in your own right from employment, self-employment, savings, investments and capital (for example, any property except your own home) is taken into account. If you have joint savings or investments with your spouse, half is taken into account.

You also need to look at the tax situation. Your husband is entitled to claim a PAYE tax credit (€1,650) with his pension. Even though the Increase for a Qualified Adult is paid directly to you it is not a social welfare payment to you so you cannot claim a PAYE tax credit of €1,650. However if you claim a social welfare payment in your own right (for example, your reduced-rate pension) you can claim a full PAYE tax credit.   

You should analyse both options carefully and do detailed calculations, taking all the factors that affect how much you receive into account. After you do the calculations, you may find that you are better off claiming the reduced-rate contributory pension in your own right.