Advice Column 2005

Civil partnerships and benefits

Same-sex couples are now treated in the same way as opposite-sex couples for working out entitlement to welfare benefits and tax credits. This is the case whether they are in a civil partnership or not. This means that a same-sex couple must claim as a couple from 5th December rather than as two single people. Some people will find they no longer qualify for benefit as a result of these changes and are likely to be worse off. People who did not notify the relevant benefit authority about their same-sex relationship by 5 December may be overpaid benefit and may be asked for the money back.

Tax credit law is clearer. As a person will be treated as one of a couple in future, there is a change of circumstance that will end the current tax credit claim. A same-sex couple must then reclaim tax credits jointly within three months. If they fail to do this there may be a penalty and an overpayment may be reclaimed

Same-sex couples who receive Housing Benefit and Council Tax Benefit must also let the local authority or Department for Work and Pensions know about a same-sex relationship – their benefit will be worked out accordingly. If you could be expected to know that your benefit might be affected but do not let the authorities know, this may again result in an overpayment

If you have a problem about the payments of your benefit or are being asked to pay back an overpayment, you should consult your local CAB, or other advice agency.

Problems paying for fuel

Do you have problems paying for your gas or electricity? Do you find it difficult to heat your home or keep warm in cold weather?

There is a new free phone helpline which could help. The Home Heat Helpline is run by gas and electricity suppliers. Helpline advisers can give advice on a range of problems including debt management, energy efficiency, how to stay healthy in cold weather and how to conserve heat. They can make sure that no customers who are elderly, disabled or in serious financial difficulty will be disconnected from their gas or electricity supply. They can also give advice on claiming grants and welfare benefits, and will be able to carry out benefit checks while you are on the line to ensure you are getting maximum income.

You can call the Home Heat Helpline on: 0800 33 66 99 (minicom 0800 027 2122), Monday to Friday, 9am-8pm and Saturday 10am-3pm.

For more information about energy efficiency, including grants to help with insulating your home, see Energy efficiency and saving money on Adviceguide.

Are you safe Online?

If you use the internet, you are at risk from threats such as viruses, spam, spyware and online fraud

Now, a new website called Get Safe Online has been set up to help people protect themselves against these kinds of threat and use the internet safely

The site is free, and has been set up jointly by the government, the National Hi-Tech Crime Unit and private businesses

Get Safe Online is aimed at both complete beginners, and the more experienced internet user. There are articles covering a range of topics including how to install anti-virus software, make backups, protect your privacy, set ground rules for children and how to shop, bank and use online auctions safely. There is additional advice for young people and the owners of small businesses, a ‘ten-minute beginners’ guide’ and three simple quizzes to get people started. A section called ‘Help, I’ve got a problem!’ aims to help people fix problems after they have occurred.

To visit Get Safe Online, go to www.getsafeonline.org

There is also a new range of fact sheets on Adviceguide about the internet. These cover topics such as buying pirated goods on the internet, adult content on the internet, online harassment, online gambling, and how to spot common internet scams. To view the fact sheets, click on a href="http://www.adviceguide.org.uk/index/your_world/communications/internet_fact_sheets.htm" target="_blank">Internet fact sheets

Dealing with Debt

This information gives you basic advice about debt and simple guidelines for dealing with money problems. It is important not to panic about debt problems but also not to ignore them - they won't go away.

If you are worried about taking the first steps, there is free, confidential advice available.

Making a start

Before you can tackle a debt problem you need to collect together information about your money affairs and follow some simple steps.

• Work out your income and expenditure. Be honest and make sure that the amounts are realistic. Your resulting budget will show you if you have any money left over to divide up between your creditors. You may even be able to identify where you can make some savings. If you encounter problems, an advice agency can give you confidential advice on what to. Make a complete list of your debts. Remember to divide them into separate headings - priority and non-priority debts. You will have to make offers to pay off your priority debts before you tackle your non-priority debts.
• Do not ignore creditors' letters or phone calls. Contact your creditors as early as possible and explain to them why you are in debt. If you phone, you should follow up the call with a letter, confirming what you said on the phone. Send all the creditors a copy of your budget and the list of your debts. If you do not feel confident to deal with your creditors, contact a free advice agency.
• If you have only a small amount of money available for your creditors after your essential spending, you may have to offer all of this to your priority creditors. You could have very little, or nothing, to offer to non-priority creditors and you should explain this to them.
• Do not borrow more money to repay your debts. Think about the ways in which you might earn extra money or increase your income instead. If your income is low, you may be able to claim benefits.

For more information about how to calculate your income and expenditure and draw up a full financial statement

If a creditor is pressurizing you for payment, it may be because they are not aware of your financial circumstances. If you tell them creditor about your difficulties, they may agree to accept reduced payments from you. In some rare circumstances, a creditor may give you a short payment holiday.

Although creditors are allowed to send reminders to you if you are in debt, they are not allowed to harass you. If you think you are being harassed, or if a creditor is not listening to you, take advice from your local Citizen's Advice Bureau or other advice agency. If you do not feel able to approach your creditors yourself, a Citizens Advice Bureau or another free advice agency may be able to help you.

Often, you will have more than one priority debt, or will have a mixture of priority and non-priority debts. It is important to make a list of all your debts and let each of your creditors have a copy of the list. When trying to work out what you can afford to pay, the creditors will need to know your full financial details.

The creditors will also want details of your family's income and expenditure. How you deal with your debts will differ, depending on whether you have any income to spare after you have paid your mortgage or rent and met the costs of essentials like food, clothing and transport. You should also look at whether you have any assets that are worth selling, and whether your situation is likely to get better or not.

If you have only a couple of non-priority debts, you could consider transferring the debts to another account which charges a lower rate of interest. However, paying a lower rate of interest can mean that you pay off the debt over a longer period of time.

For information on debt fact sheets, please see AdviceGuide debt fact sheets

Workplace Temperatures

As outside temperatures rise, you may find that the temperature inside your workplace becomes uncomfortably hot. But although there are laws about the lowest temperatures you are allowed to work in, there is no law to say how high a temperature can be before it becomes too hot to work

Health and safety rules for the workplace say only that the temperature inside all workplace buildings must be 'reasonable'. However, what is meant by 'reasonable' depends on a number of things, including what type of work you do, how long you are expected to work in high temperatures and whether you can go somewhere else to cool down

If the temperature at your workplace becomes uncomfortably hot, your employers should consider the safety of their staff. In particular, they should put measures in place to deal with the effects of working in excessive heat such as tiredness, dizziness and dehydration.

Your employers could, for example, provide air conditioning, fans, free cold water, or allow longer breaks from work so that you can cool down.

If your employers don't take reasonable steps to deal with the effects of working in excessive heat, your health may be injured and you may be able to make a claim for personal injury against them.

For more information about health and safety at work, see Adviceguide Basic rights at work.

Overpayment of Tax Credits

Working Tax Credit and Child Tax Credit are means-tested allowances paid by HM Revenue and Customs (the Revenue). Working Tax Credit is paid to people in work who meet certain conditions, based on income and individual circumstances. Child Tax Credit is paid to parents and people responsible for children (or some young people who are still in education). Child Tax Credit also depends on your income and circumstances.

This fact sheet tells you what you can do if the Revenue says they have paid you too much tax credit, and asks you to pay it back. You may find it useful to get help from an experienced adviser, for example at a Citizens Advice Bureau (see Adviceguide for more details).

Overpayments for the previous tax year

There are several reasons why the Revenue might find, at the end of the year that you have been paid too much tax credit. This could be because:

• they did not know about a change in circumstances that reduced your entitlement
• your income in the year was more than £2500 higher than in the previous tax year, and they did not know about it
• you told them about a change in income during the course of the year, but your income was more than expected.

Overpayments for the current tax year

The Revenue might also decide to adjust your tax credit entitlement during the course of the tax year, if they find they have been paying you too much during the current year. This could be because:

• there was a delay before they knew about a change in your circumstances that reduced
• your award your award was not based on the right information
• you have been paid the wrong amount for your income and circumstances.

Access to Education

Duties and responsibilities of parents

A parent also has a duty to make sure that their child receives education during the compulsory school age years. Parents means either both parents, or the pupil’s guardian, or another person who has parental responsibility for the child. In some circumstances, this means that a child may have one, two or more parents with a say in their schooling. From the age of 18, responsibility for education falls to the pupil.

If you fail to carry out your duty in relation to your child’s education, there are a number of measures that can be taken to ensure that you carry them out. This could include legal action being taken against you.

If you face action by a local education authority, education and library board or a court, over your child’s school attendance, you should consult an experienced adviser for example, at a Citizens Advice Bureau.

Free education places for three and four year old children

Every eligible four year old and, in England, three year olds are now entitled to a free early education place. This is only if you wish to take up this place. A child does not reach compulsory school age before the age of five. The availability of places varies from area to area and you are encouraged to apply if you wish to take up a place for your child. The free education place should be for at least two and a half hours per day, for five days a week during normal term times.

Not all nurseries, schools or playgroups take part in the scheme to provide early education for four year olds. The local education authority holds lists of places which provide early education. The places may be in nursery schools, nursery classes in primary schools or reception classes in primary schools. Other places may be in playgroups, private day nurseries or independent schools. Even if the place would normally charge fees, in England and Wales, you will not have to pay for at least two and a half hours per day, but if your child attends for longer than that, you may have to pay for extra hours. Schools and groups in the scheme will provide information about how to apply for a place and about the education they offer.

If you cannot find a suitable place offering free early education, you should raise the matter with the local education authority. If there are other problems with the provision, you should contact the organisation.

For more information about raising matters with the local education authority or taking further action if problems arise, and if informal discussions with the organisation are not successful.

Children with special educational needs (SEN)

In England and Wales, a pupil with special educational needs (SEN) is defined as a pupil who:-

• has a significantly greater difficulty in learning than the majority of pupils of their age; or
• has a disability which means that they cannot make full use of the general educational facilities provided for pupils of their age.

A pupil with SEN is entitled to receive full-time education that is appropriate to their needs.  This applies to children and young people  between the ages of two and 19. This may be in a special school or a mainstream school, or somewhere else.  You have the right to educate your child at home as long as the Local Education Authority (LEA) is satisfied that this meets your child's needs.

Children with a disability

In England and Wales, schools must not treat children with a disability less favourably than children who are not disabled. This applies both to pupils and prospective pupils. More information is available on the Disability Rights Commission website at www.drc-gb.org.

Choosing a school in England and Wales

You have the right to express a preference for your child’s school. The local education authority usually has a duty to try to comply with your choice subject to the school’s admission policy - see below.

You do not have to express a preference for a school in your own local education authority area but you should be aware of the school’s admission policy - see below. Maintained schools must not give priority to children simply because they live in the local education authority area.

When you are considering which school would be best for your child, you should find out about schools in the area. You can contact the local education authority or individual schools, or get information from other local sources. For example, by:-

• talking to the head teacher of your child's current school, who may be able to provide information and give an opinion about other schools in the area
• talking to other parents and pupils at local schools
• consulting Office of Standards in Education (OFSTED) reports. Local education authorities and schools have copies of these
• visiting the local library, which will often keep information about local schools
• visiting the school(s) you are considering, or contacting other organisations.

When you have decided which school you want your child to go to you will need to tell either the school or the local education authority, depending on what type of school you have chosen. The school or local education authority can use different methods to decide whether to offer your child a place and will inform you of what decision has been made.

Schools’ admissions policies

Although you can express a preference for a particular school, this does not mean your child is guaranteed a place at that school. Schools each have their own admissions policies to determine who to give places to.

The policy will vary from one school to another but criteria often include:-

• if your child has a brother/sister already attending the school
• how far your child lives from the school
• whether your child lives within the ‘catchment area’ of the school
• whether the school is a religious school, and whether your child follows that particular religion
• whether the school gives priority to parents who express a preference for a single sex or co-educational school
• whether your child has been excluded from two or more schools. The local education authority or governing body can refuse to admit pupils who have been excluded from two or more schools
• whether the school selects its pupils on the basis of academic ability. Grammar schools select pupils wholly on academic ability. Some other schools select some pupils on their academic ability.

What you can do if the choice of school is refused

A school or local education authority can refuse to accept your choice. You must be given the reasons for refusal. If this does happen, you could consider choosing another school. Alternatively, you could take informal action by talking to the local education authority or governing body of the school, or you could take formal action by appealing against the decision.

Informal action

You could contact the local education authority or governing body to talk informally about changing the decision. This may avoid using the formal appeals procedure and might resolve the matter more quickly. For children who are starting school at five or changing to secondary school, most local education authorities and schools will have worked out a timetable which allows for a period of informal discussion with dissatisfied parents.

Formal action

If after discussion and negotiation, the local education authority or school still refuses to accept your choice of school and you find the alternative that is being offered unacceptable, you can appeal to a local appeal committee. There is usually a time limit on appeals, so be careful if you have informal discussions that there is still time to appeal after that.

If you wish to appeal against a decision by a school or local education authority, you should consult an experienced adviser for example, at a Citizens Advice Bureau.

How to find an NHS Dentist

Many people have difficulty in finding a dentist who provides NHS treatment.

If you want NHS dental treatment, you will first need to find out which dentists in your area provide NHS treatment, and then find one who is prepared to accept you as an NHS patient.

Some dentists do not provide NHS treatment, or only provide treatment to certain groups of people, for example children, or people getting benefits or tax credits.

Not all dentists who provide NHS treatment have to take you on as an NHS patient. If they are unable to take you on, they should tell you that you can go to another dentist.

If a dentist agrees to accept you on their register, you will have to sign an agreement. The agreement will entitle you to receive NHS treatment for 15 months. This means that if you don't visit your dentist for 15 months, you will no longer be registered and will have to re-register, either with the same dentist, or with another one.

The dentist can terminate an agreement by giving you three months notice in writing. The agreement can be terminated immediately where violence, or a threat of violence has occurred.

To find a list of dentists who do NHS work in your area, you can phone NHS Direct on: 0845 4647, or look on their website at: www.nhsdirect.nhs.uk.

Rights of Working Parents

Working parents have the following legal rights:

• paid and unpaid maternity leave
• paid paternity leave
• paid and unpaid adoption leave
• to request flexible working hours
• unpaid parental leave for parents of children under five
• unpaid time off to care for dependants

Paternity leave  

If you are a working father you are entitled to one or two weeks’ paternity leave when you and your partner have a child. You can also qualify for paternity leave when you adopt a child. Most fathers will be entitled to statutory paternity pay for their paternity leave. Statutory paternity pay is paid at the same rate as statutory maternity pay.

To qualify for paternity leave for a birth you must:-

• be employed and have worked for your employer for 41 weeks by the time your baby is due
• be the biological father of the child, or be married to or be the partner of, the baby's mother (this includes same sex partners)
• have some responsibility for the child's upbringing
• have given your employer the correct notice to take paternity leave

To qualify for paternity leave for an adoption you must:-

• be employed for at least 26 weeks by the time you are matched with your child for adoption. (You will not be entitled to paternity leave or pay if you already know the child - for example if it's your stepchild)
• not be taking adoption leave. (Where you and a partner are adopting a child one of you can take adoption leave and one paternity leave)
• have some responsibility for the child's upbringing
• have given your employer the correct notice to take paternity leave.

When can you take paternity leave

If you are taking paternity leave for a birth, the leave can start either on the day the baby is born or on a date that has been agreed in advance with your employer. Your paternity leave cannot start before the baby is born, and, if you are agreeing a date later than the birth of your baby, it must be completed within 56 of days of the birth.

If you are taking paternity leave for an adoption, the leave can start either on the day that the child is placed with you, or on a date that has been agreed in advance with your employer. If you are agreeing a later leave date later than the date your child was placed with you, the leave must be completed within 56 days of the adoption date.

Telling the employer about your paternity leave

You need to be able to show your employer that you are entitled to paternity leave. To do this you must give the employer the following information:-

• your name
• the date the baby is due or the date of the birth. If you are adopting a child you should give the date that you were matched with your child or the date on which the child is placed with you
• the date when you would like your paternity leave (and pay) to start
• whether you are taking one or two week's paternity leave
• a declaration that you are entitled to paternity leave
• a declaration that you are taking leave to support the mother or care for the child.

(There are self-certificates available on the DTI website at www.dti.gov.uk which you can use to provide this information to your employer.)

You must also give your employer notice that you want to take paternity leave. The notice must be in writing if your employer asks for written notice. You must give notice 15 weeks before the baby is due or, if this is not practical, as soon as possible once you know you want to take leave. If you are adopting a child, you must give notice no later than seven days after the date you are matched with your child for adoption. If this is not practical you must give notice as soon as possible once you know you want to take paternity leave.

If you change your mind about when you want to take paternity leave you can, but you should give your employer 28 days' notice of the changed date.

Choosing a Mobile Phone

Points to consider before buying a mobile phone

• The cost of calls: these vary depending on the time of day, how many calls are made etc. Also it usually costs more to phone a mobile from a fixed line phone than it does to call another ordinary phone.
• the type of contract, and length of the contract.
• reception in the area where you live.
• what facilities are available, eg voicemail.

Reception signals for mobile phones may be stronger in some areas, for example, cities or towns, and weaker in others, for example, rural districts. If you are thinking about buying a mobile phone and live in a rural area, you need to find out how good the reception signal will be.

Pay-as-you-go services

Instead of a contract where you pay monthly rental charges and the cost of the calls, you can also choose a pay-as-you-go service, where calls are paid for in advance.  With these, you enter into a contract to pay a set figure for a phone package that includes a handset, battery and free calls for a certain period of time, for example, one month. Alternatively, you may be given a voucher to pay towards the first calls that you make on the phone.  When the voucher has been used up, you can buy more vouchers from the mobile phone company, or use a top-up card to top up your account.  In this sort of arrangement, you enter into a contract for goods and services when you first buy the package and then into a contract for service each time you buy a voucher or top up your account, even though this contract may be unwritten (see below).

Contracts

A contract for a mobile phone gives you the same rights as a contract for  any other consumer goods or services. However, it is not always easy to know who your contract is with. It is important to establish who the contract is with in case you:-

• want to end your contract for a mobile phone (see below)
• have a fault on your mobile phone
• want to make a complaint

Your contract may be with:-

• the network operator which is the company that allows call access time so that you can make and receive calls. Call access time is usually termed ‘airtime’. Examples of network operators are O2 and Vodafone
• the service provider who acts as a link between the shop, outlet or members of the public, and the network operator. The service provider buys airtime from the network operator and sells it to shops, outlets or the public
• the outlet which sells mobile phones. Outlets may also be service providers or they may act as agents for service providers.

Here we use 'mobile phone company' to cover whichever type of company your contract is with.

You may find it difficult to arrange a contract if you are not on the electoral register. This is because all mobile phone companies make a credit check and someone not on the electoral register may automatically fail this.

Who is responsible for the phone bill

Responsibility for the bill will depend on the contract. For example, some mobile phone companies will allow only one person to take out the contract. Other mobile phone companies may allow a contract to be taken out in joint names. In either case, the people or person named on the contract is responsible for payment of the bills regardless of who actually made the telephone calls.

If you have an expensive bill as a result of calls made by someone who is not a joint account holder, for example, by a friend or family member to whom you lent the phone, consult an experienced adviser, for example, a Citizens Advice Bureau.

Bank Accounts

My boyfriend and I are moving in together in the New Year. A friend said I should think about drawing up a 'pre-nup' agreement in case things go wrong, but we're not getting married so I don't see the point.

Two million couples in England and Wales now live together without getting married, and six out of ten people think they have the same rights as married couples. Often it's only when things go wrong that cohabiting couples discover - to their cost - that this is not true. In fact they have fewer rights - as well as fewer legal responsibilities towards each other - than married couples.

A national campaign to raise awareness among couples living together already, or thinking about doing so, has now come up with a 'pre-nup' agreement for those who decide to cohabit rather than wed. It's designed to prompt people to think about important issues that commonly cause problems in the event of a break-up.

By agreeing who owns property and possessions at the start, and putting that agreement in writing, cohabiting couples can make sure that if their relationship breaks down, the financial and legal outcome is fair for both parties. This can save a lot of heartache and reduce the chances of ending up in court should the relationship end.

The document covers moving in together, wills, children and parental responsibility, finance, accidents and emergencies, breaking up, and same-sex couples. You can download a copy and get more information about it at www.advicenow.org.uk

For more information about your rights and how these differ from those of married couples, have a look at the Citizens Advice information website www.adviceguide.org.uk/living_together.pdf

If you do decide to draw up some form of formal agreement you will need legal advice. Your local CAB will be able to advise. Get contact details fromwww.adviceguide.org.uk or your local phone book.

The Rights Of Couples Living Together

I've been told I need to open a bank account so that my benefits can be paid into it. But I'm really worried that I will go overdrawn as I'm not very good with money. What are the options for me?

Bank accounts can help you to have more control of your money. This can be difficult if you have a full current account with a debit card and overdraft facility. The simplest to manage are known as "basic bank accounts". These accounts are easy to use. You can pay money in, set up standing orders and direct debits and get money out using a cash card. Most importantly, you cannot go overdrawn. You can take out money from some basic bank accounts at a Post Office counter.

It does not cost you anything to open a basic bank account but if you do not have enough money in it to pay any direct debits that you have set up, you could be charged.

Another option for you might be a Post Office card account. Almost anyone can open one of these but they can only be used to collect benefits, tax credits and state pensions. You can't pay any other money in, you can't go overdrawn and you can only use your card at a Post Office counter.

If you've got an overdraft on your current account or debts to your bank and you open a basic bank account at the same bank or building society, they may use money in your new account to pay this off. Open an account at a different bank or building society or use a Post Office card account if you're worried about your benefits being swallowed up in this way.

There is more information on the different basic bank accounts in a leaflet called "How can I manage my money better?" You can ask for this leaflet at your local Citizens Advice Bureau. There is more information on looking after your money at www.adviceguide.org.uk