Know Your Rights

Every month we put put four frequently asked questions. Click here to see this months.

Know Your Rights A: Fixed Term Tenant Purchase Scheme

November 2011

Question

I have been renting my home from the local authority for 12 years. I understand there is a new incentive for me to become a ‘tenant purchaser. What are the details?

Answer

There is a new Fixed Term Tenant Purchase Scheme which will remain open until the end of 2011. If you have been a local authority tenant for over 10 years you can buy your home at a discount from current market prices. The maximum discount available is 45% on the market price of your home. (This discount is based on a 3% discount for each year of tenancy up to a maximum of 15 years.) You must also pay stamp duty on the purchase. This is fixed at €100 for all sales under the Scheme.

You can finance the purchase price in the following ways:

·        From your own resources

·        With a mortgage loan from a financial institution or city/ county council (terms and conditions apply)

·        With a combination of a lump sum deposit and a mortgage loan

If you wish to apply for a mortgage loan to your local authority you will have to show (with documentary evidence) that you have been refused a loan by two financial institutions and your income must be below a certain amount. You must also state the amount of the loan refused. If you wish to sell your house within 20 years of purchase you must get the consent of your local authority.

The new Fixed Term Tenant Purchase Scheme does not replace the existing Tenant Purchase Scheme which remains in place until June 2012.

The Fixed Term Tenant Purchase Scheme is open for applications only until the end of December 2011.

For further details you should contact the Housing Section of your local authority (city or county council).

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co. Offaly Citizens Information Service which provides a free and confidential service to the public. Tel: 076 1076290  Address: The Bridge Centre, Tullamore, Co. Offaly.

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121 or (021 4521600).

Know Your Rights B: Commenting on a planning application

November 2011

Question

My neighbour is planning to build a large extension to his house and has put up a planning notice on his gate. I am really worried that the extension will block light from my kitchen and garden but I don’t have any details about what exactly is planned. What can I do about this?

Answer

You could speak to your neighbour and ask them about what they are proposing. You also have the right to see all the documents submitted with a planning application, which will be kept at the offices of your local authority. Most local authorities also make the documents available online.

You can also make a written submission or observation on the application. There is a fee for this (currently €20). You must make your submission or observation within 5 weeks of the date of receipt of the planning application (by the local authority). Planning authorities cannot rule on an application until 5 weeks have elapsed to allow them to take all submissions and observations into account.

Your comments must be in writing to your local authority. If possible, you should quote the planning application's reference number. You must quote your name and address and postal address (if different). You should outline how you think the proposed development will affect you – including blocking light from your property, reducing the amenity value of your garden and allowing overlooking of your garden. Your comments must be based on planning considerations, not on personal likes, dislikes or grievances.

Your submission/observation must be acknowledged by the local authority and you must be notified of the planning decision within 3 days.

If you made a submission/observation that has been acknowledged by the local authority, you have the right to appeal its planning decision to An Bord Pleanála. You also have the right to be informed of any other appeals that have been lodged to An Bord Pleanála and to receive a copy of the appeal.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co. Offaly Citizens Information Service which provides a free and confidential service to the public. Tel: 076 1076290 Address: The Bridge Centre, Tullamore, Co. Offaly

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121 or (021 4521600).

Know Your Rights C: State Pension (Transition)

November 2011

Question

I turn 65 next year and will qualify for a State Pension (Transition). However I see that the conditions include a stipulation that you cannot be in insurable employment. I will be retired from work but I get a small income from rent from an investment property I own and I pay Class S PRSI contributions on this income. Does this mean that I won’t qualify for the Transition Pension?

Answer

It is possible to qualify for a State Pension (Transition) even if you are paying self-employed PRSI. The State Pension (Transition) lasts for one year and to qualify you must:

• Have reached your 65^th birthday and be under 66
• Be retired from work
• Have enough social insurance contributions.

Being retired means that you must not be in insurable employment or self-employment. If you have earnings, they must be less than €38 a week from employment or €5,000 a year from self-employment. If you have an income from savings or investments, you could be liable for self-employed PRSI but you can still get a State Pension (Transition) if you are not actually engaged in self-employment.

So in your case since you are not actually engaged in self-employment you should qualify for the pension. The ‘being retired’ condition ends when you reach 66 and transfer to the State Pension (Contributory) and you can then work without any effect on your pension.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co. Offaly Citizens Information Service which provides a free and confidential service to the public. Tel: 076 1076290  Address: The Bridge Centre, Tullamore, Co. Offaly.

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121 or (021 4521600).

Know Your Rights D: VAT refunds for people with disabilities

November 2011

Question

I recently had a walk-in bath fitted in my home to accommodate my elderly father who has limited mobility. I paid VAT on the appliance itself and on the cost of having it fitted. Can I clam this VAT back?

Answer

Yes, you can claim the VAT back.

People with a disability can get a refund of VAT on certain special aids and appliances they need. In some cases people who pay for aids and appliances that are for the exclusive use of a person with a disability can also claim the VAT refund. The aid or appliance must be owned by and for the exclusive use of the person with the disability. You can also claim VAT back on the cost of having the appliance fitted (provided the fitting is carried out by a VAT-registered contractor and is claimed for with the claim for the appliance).

Since the VAT refund is being sought by a person other than the user of the aid or appliance, the Revenue Commissioners may ask you for evidence that the bath is solely owned by and is for the sole use of your father. Revenue may also ask you for medical evidence of your father’s disability.

To apply for a VAT refund on aids and appliances, you must fill in claim form VAT 61A which is available on the Revenue Commissioner’s website, revenue.ie. You must make the claim for a refund within four years of the purchase.

You must attach supporting documentation with your claim. For example, original invoices for all the goods in the claim. Invoices should show the supplier’s name and the amount of VAT paid.

You send your claim form and supporting documentation to:

Revenue Commissioners, FREEPOST, Central Repayments Office, M-TEK-II Building, Armagh Road, Monaghan. Email: cromon@revenue.ie

Refunds or remission of VAT on motor vehicles for the transport of a person with a severe disability is covered under a separate scheme.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Co. Offaly Citizens Information Service which provides a free and confidential service to the public. Tel: 076 1076290  Address: The Bridge Centre, Tullamore, Co. Offaly.

Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121 or (021 4521600).

I am 19. I left school this summer and I have just become eligible to apply for Jobseeker's Allowance. I am living at home with my parents – will this make any difference to how much I will get?

I work part-time and my working hours are irregular. If I do not work on a public holiday, how do I get my public holiday entitlement?

Last May I entered into a civil partnership. We both work and pay tax as single people. How will we be taxed as civil partners?

I don’t think I am registered to vote. How can I vote in the Presidential election and referendums on 27 October?

I am thinking of saving money by cycling to work instead of getting the bus. How do I claim the tax relief on a new bike?

My husband had a small business, and I worked in it part-time. He has just sold it and retired and is getting a State Pension. Someone said that I might get a State Pension in my own right. Is this true?

I am a pensioner and I get the Household Benefits Package. What will the recent changes to this scheme mean to me?

My husband has just lost his job, so I think that we will qualify for a medical card now. What is the best way to apply?