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Know your rights - 2004

Q. I believe there have been some changes to the Rent Supplement scheme. Can you please give details of the changes?
A. Rent Supplement is paid to people living in private rented accommodation who cannot provide for the cost of the accommodation from their own resources. It is paid if they are eligible and do not have alternative accommodation available to them. The supplement is available under the Supplementary Welfare Allowance Scheme (SWA) through the Community Welfare Officers at local health centres.

A significant change from 31st January 2004 is that new applicants for the supplement are required to have been in rented accommodation for at least 6 months in total in the previous 12-month period. This does not apply to certain people, such as those aged 65 or over, or those in receipt of certain disability payments. Periods in hospital, prison etc. may count towards the 6 months.

Except in certain circumstances, a person in full-time employment (30 hours or more) is not eligible for Rent Supplement. Since the start of 2004 any new applicant whose spouse is in full-time employment will not now be eligible. Also not eligible for the supplement is anyone who refuses accommodation twice from housing authorities or other approved bodies within a 12-month period which begins on or after the 31st January 2004.

In the means test for the supplement there are a number of income disregards. There is an income disregard for social welfare pensioners aged 65 or over. From 5th January 2004 the income disregard has increased from €23 per week to €26 per household. Family Income Supplement will also now be disregarded in the standard means test for the supplement. It was already disregarded when assessing the €317.43 income limit that applies to people retaining the supplement on a tapered basis, such as those on employment schemes.

If you are considered eligible, you have to make a contribution towards the rent. From the 5th January 2004 the minimum contribution which you have to make has increased from €12 to €13. You may have to pay more depending on your income.

Further information is available from the Citizens Information Centre.

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Q. What are the new Medical Card income guidelines for 2004?
A. The Medical Card income guidelines are updated in January each year. The new income guidelines, effective from 1st January 2004, are as follows:

Medical Card Income Guidelines from 1st January 2004
Weekly income limit (gross less PRSI deductions)
Age
Couple
Single Person Single Person Married
  Living Alone Living with family  
Up to 66 years
€142.50
€127.00
€206.50
66 – 69 years
€156.00
€134.00
€231.00
70 – 79 years    
€462.00
80 years or over    
€486.00
Allowances for each child under 16 €26.00
Allowance for other dependants €27.00
Allowance for (rent, mortgage) excess over €26.00 per week
Allowance for cost of travelling to work in excess of €23.00 per week

For the year 2004 the guidelines have been increased by between 3% and 3.25%. For example, for a single person living alone, aged less than 66, this means an increase of €4.50 and for the age group 66 – 69 years an increase of €5.00. Similarly, for a married couple the increases are €6.50 and €7.00 respectively.

Everyone aged 70 and over normally resident in Ireland is entitled to a Medical Card irrespective of income. This medical card is not means tested. It covers the cardholder only and does not cover their spouse/dependants. If you do have a medical card because you are over 70 but your spouse is under 70 years of age, she/he can apply for a means tested medical card. For example, where one spouse is aged 75 and the other 68, the means limits applying to the younger spouse are those of a married couple aged 70 – 79 years.

Further information is available from the Citizens Information Centre.

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Q. Is it true that the minimum wage has increased?
A. Yes, it is true. From the 1st February 2004 the national minimum wage is €7.00 an hour.

The National Minimum Wage Act, 2000 was introduced on 1st April 2001 setting the minimum hourly rate of pay at €5.97. On 1st October 2002 the rate increased to €6.35 per hour and now it has increased to €7.00. The rate applies to virtually all employees over age 18. Close relatives of the employer and statutory apprentices are excluded.

Employees under age 18 are entitled to 70% of the national minimum wage (NMW) which amounts to €4.90 per hour. If they continue to work in the same employment once they reach 18 they must be paid €5.60 per hour (80% of NMW) for the first year and €6.30 per hour (90% of NMW) for the second year.

Those over the age of 18 who are starting employment for the first time are entitled to 80% or €5.60 per hour for the first year, and 90% or €6.30 per hour for the second year, from the date of their first employment over the age of 18.

In both cases after two years they are entitled to the full rate. Employees undergoing training or a prescribed course of study are entitled to a percentage of the national minimum wage for hours worked.

If you have a dispute with your employer about the national minimum wage you can try to resolve the matter with your employer directly and if it is still unresolved you can refer your dispute to a Rights Commissioner of the Labour Relations Commission.

Further information is available from the Employment Rights Information Unit, Department of Enterprise, Trade and Employment, Davitt House, 65a Adelaide Road, Dublin 2 Tel: (01) 631 3131, LoCall 1890 201 615 or the Citizens Information Centre

Further information is available from the Citizens Information Centre Ennis.

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Q. I was told that the eligibility criteria for Disability Benefit have been changed. What are the changes?
A. Disability Benefit is a payment from the Department of Social and Family Affairs to insured people who are unable to work due to illness. For 2004 the maximum weekly personal payment is €134.80, €89.40 for your spouse/partner and €16.80 for each dependent child. To qualify for the payment you must be under age 66, be unfit for work and you must satisfy the PRSI contribution conditions.

The current PRSI condition that you must have at least 39 paid contributions since first entering work increases to 52 paid contributions from 5th April 2004.

Previously, people on a social welfare widow/widower’s pension or on One Parent Family Payment could qualify for a half-rate Disability Benefit payment along with their existing payment. From 19th January 2004 new applicants are no longer entitled to the half-rate payment.

The weekly amount of Disability Benefit you receive for yourself and your spouse/partner is reduced where your average earnings are below a certain amount in the relevant tax year – for claims in 2004 it is 2002. From 29th December 2003 this threshold has increased from €88.88 to €150 for new claimants.

If you return to work after you have been on Disability Benefit but become ill again after more than three days your new claim is seen as a separate claim i.e. not linked. If you have been receiving Disability Benefit for at least 5 years, the new claim is seen as a separate claim only after a 13-week gap. From 19th January 2004 this linking period increases to 26 weeks.

If an allowance for your spouse/partner is not included in your Disability Benefit payment then you will only receive half-rate allowances for your dependent children. From the19th January 2004 half-rate Child Dependant Allowances are only paid where the spouse/partner’s income is less than €300 per week.

Further information is available from the Citizens Information Centre.
Q. I hope to start a course next September. Could you please tell me who is eligible for the Back to Education Allowance?
The Back to Education Allowance (BTEA) is paid by the Department of Social, and Family Affairs (DSFA) to unemployed people, lone parents and people with disabilities who wish to do approved second or third level courses of education. To be eligible for the allowance you must be:

Aged 21 or over (24 or over for a postgraduate course) and for the previous 6 months (15 months for a third level course) have been receiving a social welfare payment such as Unemployment Assistance/Benefit or One-Parent Family Payment.
Aged 18 or over and for the previous 6 months (15 months for a third level course) have been receiving a disability payment such as Disability Allowance or Invalidity Pension (receiving Disability Benefit for 3 years).
Aged 18 to 20, out of formal education for 2 years, and for the previous 6 months (15 months for a third level course) have been receiving One-Parent Family Payment or Unemployment Assistance/Benefit.

An adult dependant of someone who is eligible may qualify if a Qualified Adult Allowance is in payment. Periods spent on employment schemes, training courses and in prison may count towards the qualifying period.

Courses you can attend include full-time second level courses certified by the Department of Education and Science (DES) or approved by the Further Education and Training Awards Council (FETAC), such as the Leaving Certificate or a Post Leaving Certificate course, and full-time third level courses approved by DES for its maintenance grant schemes or courses which have Higher Education and Training Awards Council (HETAC) recognition.

When you have been accepted for a course you should apply to DSFA for the allowance on Form BTE 1. You will be paid the allowance instead of your social welfare payment at a rate equivalent to the maximum of your current social welfare payment. If you were previously getting an unemployment payment, the BTEA will not be paid during the summer period between academic years. Those who had been receiving other payments will continue to receive the BTEA during the summer.

Further information is available from the Citizens Information Centre.

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