Know Your Rights

Custody of children and Rent Supplement

May 2012

Question

I am separated from my partner. Our 2 children come and stay with me one night a week. I am getting Rent Supplement since I am currently unemployed. I’d like to rent a larger apartment to accommodate them and so I can work towards having them to stay for more time in the future. Can I qualify for a higher Rent Supplement payment?

Answer

The Department of Social Protection deals with the accommodation needs of children who do not live full-time with their parents on a case-by-case basis. You should check what the provisions are with your local Department’s representative (formerly known as the Community Welfare Officer or CWO).

 When you apply for Rent Supplement the Department must be satisfied that the apartment or house is reasonably suited to your residential and other needs.

 In general, if parents have joint custody of a child, the needs of both parents to have adequate accommodation to look after the child are taken into account when assessing an application for Rent Supplement. Joint custody generally means that children spend an equal amount of time with each parent. If this is the case the Department will usually look for documentation showing that a joint custody arrangement is in place and in operation before a decision can be made.

 If you do not have joint custody but have access to your children for a certain amount of time each week then the Department of Social Protection will examine your case with regard to all of the circumstances of the case. It may be the case that they will decide that you have a housing need but that your children are adequately housed with their primary carer. However you should always discuss your situation with the Department’s representative.

 If you are not happy with the decision made in your case you can appeal the decision to the Social Welfare Appeals Office.

 Further information is available from the Citizens Information Centre below.

 Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray Citizens Information Centre 3/ 4 The Boulevard, Quinsboro Road   Tel:  0761 07 6780

Arklow Citizens Information Centre 73 Lower Main Street  Tel: 0761 07 6750

Wicklow Citizens Information Centre 9/10 Lower Mall  Tel: 0761 07 6840

Outreach Centres in

Baltinglass Tel: 086 048 1880          Blessington Tel: 086 048 1881

Glendalough Tel: 0404 45611   Carnew Tel: 053 94 26555

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

Know Your Rights

Retention of medical cards

May 2012

Question

I am going back to work after a period of unemployment. Can I keep my medical card?

Answer

If you are receiving a social welfare payment and return to work (either full- or part-time) you may retain your medical card for up to 3 years even if your income is above the limits. You must have been getting one of the following payments for 12 months or more:

• Jobseeker's Benefit
• Jobseeker's Allowance
• One-Parent Family Payment
• Illness Benefit
• Disability Allowance
• Blind Pension
• Or have been on an employment incentive scheme or educational opportunity scheme

If you take up full-time employment you will retain your medical card for 3 years from the date you start work. If you take up part-time employment the 3-year period starts from the date your income exceeds the relevant medical card guideline.

This provision also applies to people who are involved in Government-sponsored schemes including the Back to Education Allowance, Back to Work Enterprise Allowance, JobBridge (the national internship scheme) the Rural Social Scheme, Tús and Community Employment schemes.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray Citizens Information Centre 3/ 4 The Boulevard, Quinsboro Road   Tel:  0761 07 6780

Arklow Citizens Information Centre 73 Lower Main Street  Tel: 0761 07 6750

Wicklow Citizens Information Centre 9/10 Lower Mall  Tel: 0761 07 6840

Outreach Centres in

Baltinglass Tel: 086 048 1880          Blessington Tel: 086 048 1881

Glendalough Tel: 0404 45611   Carnew Tel: 053 94 26555

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

Know Your Rights

Pay for public holidays

May 2012

Question

I work part-time from Wednesday to Friday each week. I was off work sick over the Easter period. My employer does not pay any sick pay for employees who are ill. However in my pay packet I was paid for Easter Monday but not for Good Friday. I never work on Mondays so I don’t understand why I got this extra pay. Is this correct?

Answer

Easter Monday is always a public holiday but Good Friday is not. All workers are entitled either to paid time off or pay for a public holiday. (Part-time workers must have worked for the employer for at least 40 hours in the previous five-week period to be entitled to pay for a public holiday).

Generally 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

Your employer can decide which of these options you get. As a part-time worker, if you do not normally work on that particular day, you should receive one-fifth of your normal weekly pay.

In your case, even though you were on sick leave over Easter you were still entitled to paid time off work or to be paid for the public holiday. Therefore your employer paid you for Easter Monday. However since Good Friday is not a public holiday and you were not in work on that day (because of your illness) you did not receive pay for that day.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray Citizens Information Centre 3/ 4 The Boulevard, Quinsboro Road   Tel:  0761 07 6780

Arklow Citizens Information Centre 73 Lower Main Street  Tel: 0761 07 6750

Wicklow Citizens Information Centre 9/10 Lower Mall  Tel: 0761 07 6840

Outreach Centres in

Baltinglass Tel: 086 048 1880          Blessington Tel: 086 048 1881

Glendalough Tel: 0404 45611   Carnew Tel: 053 94 26555

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

Know Your Rights

Finding a lost dog

May 2012

Question

My children found a dog in our local park last week. It had no collar or identification. We’d like to keep the dog. What should we do?

Answer

If you have found a dog and are willing to keep the dog in your home (rather than bring it to the dog warden or to a pound) you must report your find to your local dog warden or your local Garda Station. You can find contact details for dog wardens on the website of the Irish Society for Prevention of Cruelty to Animals (ispca.ie). Many dogs have had microchips inserted which carry details of their owner. Your local dog warden or vet can check whether the dog is microchipped.

If the owner cannot be found and you decide to keep the dog, you do not own it until a year and a day have passed from the date you found it.

If you take a lost dog in you can keep it for 28 days without a licence but you must then get a licence for it. You must be over 16 to get a dog licence. You can get a standard annual licence (€20 a year) from your local post office  or a ‘lifetime of dog licence’ (€140) from your local authority.

If you decide to keep the dog, you should consider carefully the commitment required. You must be able to provide proper care, accommodation, food and veterinary care for the rest of its life. You are also legally required to ensure that your dog wears a collar with your name and address inscribed on it or on a plate, badge or disc. Dog wardens can issue on-the-spot fines if a dog does not carry identification.

Further information is available from the Citizens Information Centre below. 

Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray Citizens Information Centre 3/ 4 The Boulevard, Quinsboro Road   Tel:  0761 07 6780

Arklow Citizens Information Centre 73 Lower Main Street  Tel: 0761 07 6750

Wicklow Citizens Information Centre 9/10 Lower Mall  Tel: 0761 07 6840

Outreach Centres in

Baltinglass Tel: 086 048 1880          Blessington Tel: 086 048 1881

Glendalough Tel: 0404 45611   Carnew Tel: 053 94 26555

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

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Know Your Rights A: Social welfare interviews

April 2012

Question

My Jobseeker’s Benefit claim is at an end and I have applied for Jobseeker’s Allowance. I’ve been told I must make myself available for interview. Why is there an interview?

Answer

Jobseeker’s Benefit (JB) is a PRSI-based payment and it does not have a means test. The maximum amount of Jobseeker’s Allowance (JA) is the same as the maximum rate of JB, but JA is means-tested. During a means test the Department of Social Protection (DSP) examines all your sources of income. The means test may involve an interview. Such interviews are a routine part of how the DSP processes claims for mean-tested payments. When you claim Jobseeker’s Allowance, an officer of the Department will decide if your claim can be allowed immediately, or if it must be referred for interview.

If you are referred for interview that interview usually takes place in your local social welfare office. However, you might be interviewed at home if, for example, you have been self-employed or in casual short-term employment, or if supporting evidence needs to be verified. During the interview the social welfare inspector may ask you to produce documents such as accounts or statements from your financial institution.

A decision on your means is made by a separate Deciding Officer.

If you are unhappy with the decision made on your application for JA you can appeal to the independent Social Welfare Appeals Office. You should appeal within 21 days of being told the decision on your application. Contact the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.

Lo-call: 1890 74 74 34.

Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray Citizens Information Centre 3/ 4 The Boulevard, Quinsboro Road   Tel:  0761 07 6780

Arklow Citizens Information Centre 73 Lower Main Street  Tel: 0761 07 6750

Wicklow Citizens Information Centre 9/10 Lower Mall  Tel: 0761 07 6840

Outreach Centres in

Baltinglass Tel: 086 048 1880          Blessington Tel: 086 048 1881

Glendalough Tel: 0404 45611   Carnew Tel: 053 94 26555

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

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