Know Your Rights
Question
I hear it’s going to be another cold winter. I am on a very low income. What help is available for the costs of heating my home?
Answer
There are several ways in which low-income households are helped with the costs of fuel for home heating. There are also schemes to help you insulate your home to make it warmer and to cut your heating costs.
The Household Benefits Package includes a Electricity or Natural Gas Allowance, a free TV licence and a Telephone Allowance. The package is paid by the Department of Social Protection. If you are aged 70 or over, you qualify regardless of your income or who lives with you. The scheme is also available to people aged 66 and over who get certain social welfare payments or whose income is below certain limits.
A Fuel Allowance is paid to people who are dependent on long-term social welfare or Health Service Executive (HSE) payments and who are unable to provide for their own heating needs. The scheme operates for 32 weeks from September to the end of April and is paid by the Department of Social Protection. If you apply for the Fuel Allowance after the start of September, the allowance is not backdated. The Allowance is €20 per week generally and €23.90 in smokeless fuel areas.
The Warmer Homes Scheme aims to improve the energy efficiency and warmth of homes owned by people on low incomes. It is operated by the Sustainable Energy Authority of Ireland (SEAI), Ireland's national energy agency, and is available nationwide.
Work funded under the scheme includes attic insulation, draught-proofing, lagging jackets, energy-efficient lighting (CFL bulbs) and cavity wall insulation. You can also get energy advice under the scheme.
Question
I have just finished 12 months on Jobseeker’s Benefit. I have applied for a means-tested Jobseeker’s Allowance but I was told that I’m not eligible because of my partner’s earnings. We live together but we are not married and we split our expenses equally. I don’t understand why we are assessed as a married couple?
Answer
The Department of Social Protection treats married and unmarried couples in the same way. They assess the total income of the household rather than the circumstances of the individual claimant. This means that if you are married or living with another person as husband and wife, the means of your spouse or partner are also taken into account. The Department of Social Protection uses detailed definitions and criteria to assess whether a couple are cohabiting and you can read these online at welfare.ie.
How the means of a couple are assessed differs slightly depending on the payment applied for. If you are applying for Jobseeker's Allowance, Disability Allowance or Farm Assist your household income is assessed by deducting your total household means from what would be the maximum payment for someone in your circumstances (the personal rate plus full increases for any adult and child dependants). If your spouse or partner is in insurable employment, a disregard of €20 a day applies to them for a maximum of 3 days a week (maximum €60 a week) and 60% of the balance is assessed. Other income or assets (apart from your own home) are also assessed. Sometimes a certain amount of income or income from particular sources is not taken into account. This is referred to as an income disregard. For example, Child Benefit is always disregarded.
If your spouse/partner is getting a social welfare payment in their own right your means are taken to be half of the total means of yourself and your spouse or partner. In this case you would not get a full payment for qualified children but you may get a half payment for them.
Question
My little grandson has just started school. My daughter has found a childminder to pick him up and take care of him until she gets back from work. She will work approximately 15 hours a week for my daughter . I think that she can be considered self-employed so I don’t need to worry about paying tax and PRSI on her behalf. Is this correct?
Answer
No, a childminder working in your daughter’s home is classified as a domestic worker. (If she was working in her own home she could be considered self-employed.) Domestic workers should pay tax and PRSI in the same way as other employees. If you are employing someone to do domestic work and you are paying them €40 a week or more, you must register as an employer with the Revenue Commissioners. As an employer you are responsible for deducting PAYE (tax), PRSI and levies from your employee’s wages. You also must pay employer's PRSI contributions for your employee to the national Social Insurance Fund.
To register as an individual employer for PAYE and PRSI you can download form TR1 from the Revenue website or contact your local Revenue office. When you have sent the completed form to Revenue, you will receive confirmation that you are registered as an employer together with your employer registered number for PAYE purposes and information about the PAYE system and procedures.
You can find the Employer’s Guide to PAYE on the Revenue website which includes sections on new employees, calculating tax due and PRSI. When you are paying your employee you must give her a payslip giving details of the PAYE and PRSI that has been deducted.
Question
I have been called for jury service. I have no holidays left and I’m needed in work. Do I have to go?
Answer
The County Registrar or the trial judge may excuse you from jury service if he or she is satisfied that there is “good reason” for doing so. Some people are not eligible for jury service at all (these include people involved in the administration of justice such as gardaí, solicitors and prison officers) and others are “excusable by right”. This means that if they do not wish to do jury service they do not have to. This group includes anyone aged over 65, religious ministers, people who provide a community service (doctors and nurses), school teachers and some public servants. However if you do not have a good reason (such as illness) and you do not fall into one of the groups excusable by right you are obliged to do jury service.
You do not need to take leave from work to do jury service. If you are in employment, the Juries Act 1976 (Section 29) places a duty on your employer to allow you attend for jury service. Time spent on jury service is to be treated as if you 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. There should also be no loss of any other employment rights while you serve on a jury (so you should be paid for public holidays and accumulate annual leave as usual). The Jury Office will provide a certificate of attendance on request.
There is no payment for jury service. Travelling expenses are not allowed. If you are actually serving as a juror, lunch will be provided on the day or days that the trial is at hearing.
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 a Rights Commissioner.
Question
I have just finished 12 months on Jobseeker’s Benefit. I have applied for a means-tested Jobseeker’s Allowance but I was told that I’m not eligible because of my partner’s earnings. We live together but we are not married and we split our expenses equally. I don’t understand why we are assessed as a married couple?
Answer
The Department of Social Protection treats married and unmarried couples in the same way. They assess the total income of the household rather than the circumstances of the individual claimant. This means that if you are married or living with another person as husband and wife, the means of your spouse or partner are also taken into account. The Department of Social Protection uses detailed definitions and criteria to assess whether a couple are cohabiting and you can read these online at welfare.ie.
How the means of a couple are assessed differs slightly depending on the payment applied for. If you are applying for Jobseeker's Allowance, Disability Allowance or Farm Assist your household income is assessed by deducting your total household means from what would be the maximum payment for someone in your circumstances (the personal rate plus full increases for any adult and child dependants). If your spouse or partner is in insurable employment, a disregard of €20 a day applies to them for a maximum of 3 days a week (maximum €60 a week) and 60% of the balance is assessed. Other income or assets (apart from your own home) are also assessed. Sometimes a certain amount of income or income from particular sources is not taken into account. This is referred to as an income disregard. For example, Child Benefit is always disregarded.
If your spouse/partner is getting a social welfare payment in their own right your means are taken to be half of the total means of yourself and your spouse or partner. In this case you would not get a full payment for qualified children but you may get a half payment for them.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Citizens Information Service which provides a free and confidential service to the public.
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121.
