Know Your Rights: Small Claims Procedure

Question

I am unhappy with the repair work a builder has done to my house, he hasn’t fixed the issue and he refuses to put it right. Do I have any rights in this situation?

Answer

If your builder is unwilling to compensate you, you may be able to make a claim against them using the small claims procedure. The aim of this procedure is to provide an inexpensive, fast and easy way for consumers to resolve disputes without a solicitor. The maximum amount you can claim for under the small claims procedure is €2,000. The small claims procedure is provided through local District Court offices.

If you have purchased goods or services for private use from someone selling them in the course of business, you can make a claim using the small claims procedure. You can make claims for bad workmanship, minor damage to property, faulty goods and for the non-return of rent deposits for certain kinds of rented properties, for example, a holiday home. Businesses can also use this procedure to make claims against other businesses about contracts for goods or services purchased.

To make a claim, you need to complete the application form and submit it and a fee of €25 to the Small Claims Registrar. You can do this online at the Courts Service Online website, csol.ie. Alternatively, you can download the application form from courts.ie or get a copy from the Small Claims Registrar at the District Court office. Make sure you include the correct name and address of the company or person you are claiming against. You can double-check this information on the Companies Registration Office website at cro.ie.

The Registrar sends a copy of your application to the person you are making the claim against. If the other person does not reply within 15 days of receiving your application, your claim will be automatically treated as undisputed. Then the court will make an order in your favour for the amount claimed, and direct that it be paid within a specific period of time. If your claim is disputed, the Registrar will give you a copy of the reasons why the other person is disputing your claim. The Registrar will try to negotiate a settlement to the dispute. If no settlement can be reached, the matter is set for a court hearing in the District Court.

Further information is available from the Citizens Information Service below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, Elphin Street, Boyle, Co. RoscommonInformation is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000.

Know Your Rights: Returning to Ireland

Question

My son has been living in Australia for the last fifteen years and is planning to return to Ireland next year for good. Where can he find practical information about returning home?

Answer

The more prepared your son is, the easier his move home will be so he should start his research as soon as he can. Citizens Information has developed a new online Returning to Ireland resource with a broad range of information specifically intended for Irish citizens who are living abroad and are planning to return home to live in Ireland.

This new online resource is filled with practical information to help Irish citizens plan their return and settle back in Ireland as smoothly as possible.  It covers everything from residency applications for non-EU family members, applying for passports for children and accessing the public health system on your return to Ireland.

If your son is planning to start work when he returns he may want to know about PPS numbers, registering for tax purposes and getting recognition for foreign qualifications in Ireland.  If he is returning with a family or children he may need to know about applying for Child Benefit, enrolling in school or college and exemptions from learning the Irish language in school. The site also has information about converting a foreign driving license to an Irish one, getting car insurance as a returning Irish emigrant and travelling to Ireland with your pet. 

Further information is available from the Citizens Information Service below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, Elphin Street, Boyle, Co. RoscommonInformation is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000.

Know Your Rights: Returning to Ireland

Know Your Rights: Returning to Ireland

September 2019

Question

My son has been living in Australia for the last fifteen years and is planning to return to Ireland next year for good. Where can he find practical information about returning home?

Answer

The more prepared your son is, the easier his move home will be so he should start his research as soon as he can. Citizens Information has developed a new online Returning to Ireland resource with a broad range of information specifically intended for Irish citizens who are living abroad and are planning to return home to live in Ireland.

This new online resource is filled with practical information to help Irish citizens plan their return and settle back in Ireland as smoothly as possible.  It covers everything from residency applications for non-EU family members, applying for passports for children and accessing the public health system on your return to Ireland.

If your son is planning to start work when he returns he may want to know about PPS numbers, registering for tax purposes and getting recognition for foreign qualifications in Ireland.  If he is returning with a family or children he may need to know about applying for Child Benefit, enrolling in school or college and exemptions from learning the Irish language in school. The site also has information about converting a foreign driving license to an Irish one, getting car insurance as a returning Irish emigrant and travelling to Ireland with your pet. 

Further information is available from the Citizens Information Service below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, Elphin Street, Boyle, Co. RoscommonInformation is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000.

Know Your Rights: One-Parent Family Payment

Question

What is the One-Parent Family Payment?

Answer

The One-Parent Family Payment (OFP) is a means-tested social welfare payment for men and women under 66 who are bringing children up without the support of a partner.

To qualify for OFP you must:

• Be the parent, step-parent, adoptive parent or legal guardian of a relevant child – generally this means a child under 7 but there are some exceptions.

• Be the main carer of at least one relevant child that lives with you. OFP is not payable if parents have joint equal custody.

• Be habitually resident in Ireland (certain people, in particular EU nationals who are considered migrant workers, are exempt from the habitual residence condition).

• Not be living with a spouse, civil partner or cohabiting.

If you are separated, divorced or your civil partnership is dissolved, you must have been living apart from your spouse or civil partner for at least 3 months. This does not apply to cohabitants. You may need to make efforts to get maintenance from your former spouse or partner. 

The maximum rate for OFP is €203 per week. If you are working, your gross earnings from insurable employment or self-employment cannot be more than €425 per week.

In general, you stop getting OFP when your child turns 7 (the exceptions are where you are caring for a child with a disability who is getting Domiciliary Care Allowance or if your partner has recently died). If you no longer qualify for OFP, you may qualify for the Jobseeker's Transitional payment. This is a payment for people parenting alone whose children are aged between 7 and 13. 

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public. 

Tel: 0761 07 6330 Address: Boyle CIC, 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 - Appealing your Leaving Cert results

Know Your Rights August 2019

Appealing your Leaving Cert results

Question: If I am unhappy with a result in my Leaving Cert, how can I get the grade reviewed?

Answer:

The Leaving Cert results will be available on 13 August this year. If you are unhappy about a result and would like to have it checked, you can appeal your grade to the State Examinations Commission (SEC).

However, before you decide to appeal your grade, you can view your examination script to see how your work was marked. To do this, you must register on the Candidate Self Service Portal on the SEC website, examinations.ie. You can make an application to the viewing of scripts service online from 9am, 14 August to 5pm, 16 August. You will need your username and password (you get this when you register on the portal). Only the scripts from the written examinations can be viewed - not the results of oral examinations or marks for practical examinations. If your script was marked on paper, you will be assigned a session to view it on either 20 August or 21 August. If it was marked online you can view it online from 5pm on Tuesday 20 August to 5pm on Wednesday 21 August.   

If you decide to go ahead and appeal your result after viewing your script, you should log into examinations.ie, access the Candidate Self Service Portal and complete the process online. This service will be available from 5pm, 16 August until 5pm, 22 August. The process is the same for all scripts whether they were marked manually or online. Your script will then be sent to an appeal examiner for re-marking.  The appeal fee is €40 per subject for the Leaving Certificate. The appeal fee for the Applied Leaving Certificate is €15.50 per subject. You will get this fee back if your result is upgraded. You can get more information from the Candidate Information Booklet – Leaving Certificate 2019, published by the State Examinations Commission. 

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, 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 - Emergency medical card

Question

What is an emergency medical card? 

   

Answer

An emergency medical card is a temporary medical card that is issued without a means test in certain emergency situations and is valid for 6 months. For example, you could be issued an emergency medical card in an acute medical crisis where you need urgent treatment that you cannot afford without a medical card.

Only a healthcare professional (for example, a doctor or consultant) can apply for an emergency medical card for you. They must include a detailed medical report with the application.

The application will be reviewed by a Health Service Executive (HSE) medical officer.

If your application is approved, it can take 7 to 10 days to get your emergency medical card in the post. However, your card will be active straight away so you can get the care you need.

You will need to complete a means assessment before your emergency medical card expires. The HSE will write to you when you need to do this. The means assessment is for a full medical card for you and your family.

In some cases, the medical officer may recommend a terminal illness card. These are given to people who are getting ‘end of life’ treatment. This means a prognosis of less than 12 months to live.

If you get a terminal illness card it will never be reviewed and will not expire.

Further information is available from the National Medical Card Unit on (051) 595 129, or Lo-call 1890 252 919, or from the Citizens Information Centre below.

Know Your Rights has been compiled by South Connacht Citizens Information Service CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, 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: Electric scooters

Know Your Rights: Electric scooters

June 2019

Question

Travelling to my office through city traffic is taking me longer because of increased congestion. Can I travel by electric scooter instead?

Answer

An electric scooter (sometimes called an e-scooter) is a small platform with two or more wheels that is propelled by an electric motor. The rider can also propel the electric scooter forward by pushing off the ground.

Electric scooters and electric skateboards fall into the category of ‘mechanically propelled vehicles’ (as defined in the Road Traffic Act 1961).  If a vehicle can be powered by mechanical or electrical power alone, then it is considered to be a ‘mechanically propelled vehicle’.

Under Irish road traffic law, people using such vehicles in a public place must have insurance, road tax and a driving licence. There are penalties under road traffic laws (including fixed charge notices, penalty points, fines and possible seizure of the vehicle) for not being in compliance with these requirements. As it is currently not possible to tax or insure electric scooters or skateboards, they are not considered suitable for use in public places.

However, the Road Safety Authority is carrying out research as to how electric scooters and other such vehicles are regulated in other countries, particularly in other EU member states. The goal is to understand the road safety implications of the use of such vehicles on public roads, especially when interacting with other vehicles.

You can read frequently asked questions about electric vehicles on rsa.ie.

Further information is available from the Citizens Information Centre below.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by South Connacht Citizens InformationService CLG, which provides a free and confidential service to the public.

Tel: 0761 07 6330 Address: Boyle CIC, Elphin Street, Boyle, Co. RoscommonInformation is also available online at citizensinformation.ie and from the Citizens Information Phone Service, 0761 07 4000.