Frequently asked questions
I've heard about the Child Trust Fund but I don't know if I can apply. Who is it for and what do I ?
I was sold insurance to cover my repayments. I've been made redundant, but my claim has been refused
How is the Citizens Advice Bureau funded?
We are a charity, reliant on grants and donations from local government, organisations and individuals.
What are the most frequent questions you get about Debt?
If you look in our Types of advice section, you'll find a list of them there.
I had an accident at work and have been thinking about contacting a claims management company
I had an accident at work and have been thinking about contacting a claims management company. I'm a bit nervous in case I am not happy with the way they deal with my case - are these companies regulated and can I complain to anyone if something goes wrong?
Claims management companies are companies which act as intermediaries for people claiming compensation: they often approach people who may want to make a claim, sometimes offering no win, no fee agreements. The Government has recognised that many people have not always had a fair deal when using the services of these companies, and so has passed the Compensation Act. The Act covers compensation claims for personal injury, criminal injuries compensation, employment matters, housing disrepair, financial products and industrial injury disablement benefits.
Since April 2007 it has been an offence to provide claims management services without authorisation, or exemption. Claims management companies will be regulated and they must have a formal complaints procedure. The Department for Constitutional Affairs is acting as regulator to claims management companies. You can now search on the claims management website, www.claimsregulation.gov.uk to make sure a company who approaches you or who you are thinking of using are authorised, as well as funding further information. You can also access information at www.adviceguide.org.uk or come into the bureau.
Claims management companies are companies which act as intermediaries for people claiming compensation: they often approach people who may want to make a claim, sometimes offering no win, no fee agreements. The Government has recognised that many people have not always had a fair deal when using the services of these companies, and so has passed the Compensation Act. The Act covers compensation claims for personal injury, criminal injuries compensation, employment matters, housing disrepair, financial products and industrial injury disablement benefits.
Since April 2007 it has been an offence to provide claims management services without authorisation, or exemption. Claims management companies will be regulated and they must have a formal complaints procedure. The Department for Constitutional Affairs is acting as regulator to claims management companies. You can now search on the claims management website, www.claimsregulation.gov.uk to make sure a company who approaches you or who you are thinking of using are authorised, as well as funding further information. You can also access information at www.adviceguide.org.uk or come into the bureau.
I'm about to buy a second-hand car, how can I avoid being sold a dud?
I'm about to buy a second-hand car. It looks like a real bargain, but I don't know that much about cars so I'm having to put my trust in the dealer that he's not going to rip me off or sell me a complete dud. Is there anything I can do to stop this happening?
These days, if you have access to the internet, you can do a lot of detailed research before buying on what you should expect to pay for particular makes and models, depending on their age, mileage, and the state they are in.
Before you go ahead with the purchase, its worth carrying out a check to discover whether the car is stolen, has been the subject of an insurance write off, or whether there is outstanding finance from a previous sale. Mileage checks may also be available to make sure it hasn't been changed. Most of this can now be done quickly online.
For peace of mind, you may also want to get the vehicle inspected for mechanical faults by an expert. There is a charge for these services, but it could be money well spent if it prevents you making a costly mistake because of problems with the car you are buying.
For more information about what to look out for when you buy a second-hand car, go to www.consumerdirect.org.uk and follow the link to Cars under Goods and Services.
Remember that if things do go wrong, the law gives you more protection if you have bought from a dealer than if you got your car through a private sale.
Anyone who is having problems with a second-hand car they have already bought will find lots of useful information and advice on the Citizens Advice website www.adviceguide.org.uk where there is also a downloadable fact sheet on second-hand cars. We also have a short podcast on this topic.
These days, if you have access to the internet, you can do a lot of detailed research before buying on what you should expect to pay for particular makes and models, depending on their age, mileage, and the state they are in.
Before you go ahead with the purchase, its worth carrying out a check to discover whether the car is stolen, has been the subject of an insurance write off, or whether there is outstanding finance from a previous sale. Mileage checks may also be available to make sure it hasn't been changed. Most of this can now be done quickly online.
For peace of mind, you may also want to get the vehicle inspected for mechanical faults by an expert. There is a charge for these services, but it could be money well spent if it prevents you making a costly mistake because of problems with the car you are buying.
For more information about what to look out for when you buy a second-hand car, go to www.consumerdirect.org.uk and follow the link to Cars under Goods and Services.
Remember that if things do go wrong, the law gives you more protection if you have bought from a dealer than if you got your car through a private sale.
Anyone who is having problems with a second-hand car they have already bought will find lots of useful information and advice on the Citizens Advice website www.adviceguide.org.uk where there is also a downloadable fact sheet on second-hand cars. We also have a short podcast on this topic.
I'm intending to apply for a passport. I'm told I'll have to go for an interview. Is this true?
I am going to apply for a passport. A friend told me I will have to go for an interview. Is this true?
Since mid-2007 all first-time adult passport applicants will be called to a face-to-face interview. The Identity and Passport Service (IPS) says this is being done in order to combat the growing problem of identity fraud. Applications can still be made by post, but all those aged 16 or over who have never held a passport before will be interviewed after preliminary background checks have been completed.
Interviews should last between 10 and 20 minutes and in them people will be asked some basic information about themselves. IPS says this should not be deeply private information, but it will need to be information that can be checked.
IPS says it is aiming that 95 per cent of the population will be within an hour's travel of an office where interviews will take place, and over half within 15 minutes. They also promise that the offices should be easy to find, with good parking and public transport access. For those in more remote areas, they will conduct interviews over a secure webcam link.
Applicants will be asked to provide information before interview (for example, their national insurance number and previous addresses) which will be checked against government and private sector databases.
These changes to the application process will mean an increase in the passport fee, but IPS has not yet announced how much the new charge will be. For more information go to the IPS website: www.passport.gov.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
Since mid-2007 all first-time adult passport applicants will be called to a face-to-face interview. The Identity and Passport Service (IPS) says this is being done in order to combat the growing problem of identity fraud. Applications can still be made by post, but all those aged 16 or over who have never held a passport before will be interviewed after preliminary background checks have been completed.
Interviews should last between 10 and 20 minutes and in them people will be asked some basic information about themselves. IPS says this should not be deeply private information, but it will need to be information that can be checked.
IPS says it is aiming that 95 per cent of the population will be within an hour's travel of an office where interviews will take place, and over half within 15 minutes. They also promise that the offices should be easy to find, with good parking and public transport access. For those in more remote areas, they will conduct interviews over a secure webcam link.
Applicants will be asked to provide information before interview (for example, their national insurance number and previous addresses) which will be checked against government and private sector databases.
These changes to the application process will mean an increase in the passport fee, but IPS has not yet announced how much the new charge will be. For more information go to the IPS website: www.passport.gov.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
I am retired and worried about the big increase in council tax, what can I do?
I am retired and worried about being able to afford the big increase in council tax that's being talked about. Is there anything I can do?
You don't say how much your pension is, but if you are on a low income and don't have much in savings you could be entitled to Council Tax Benefit. This is a benefit to help towards council tax, paid by your local council. If you qualify, it means that your bill will be reduced. Thousands of people who should be getting Council Tax Benefit are missing out, just because they don't know about it or how to claim.
First check you are getting any discounts you may be entitled to for example if you live alone you automatically qualify for a 25 per cent reduction in your bill. If you are eligible for Council Tax Benefit the amount you get will depend on how much money you have coming in. In some cases it will mean you do not have to pay any council tax at all.
You should make a claim direct to your local councils Council Tax Benefit office, using the form they provide. Or if you prefer, you may be able to make your claim by phone or online. Ask for the claim to be dated from the day you asked for the form. If you are over 60 and you think you would have qualified for Council Tax Benefit before you made your claim, you may be able to get payment backdated for up to a year.
You can also access information at www.adviceguide.org.uk or come into the bureau.
You don't say how much your pension is, but if you are on a low income and don't have much in savings you could be entitled to Council Tax Benefit. This is a benefit to help towards council tax, paid by your local council. If you qualify, it means that your bill will be reduced. Thousands of people who should be getting Council Tax Benefit are missing out, just because they don't know about it or how to claim.
First check you are getting any discounts you may be entitled to for example if you live alone you automatically qualify for a 25 per cent reduction in your bill. If you are eligible for Council Tax Benefit the amount you get will depend on how much money you have coming in. In some cases it will mean you do not have to pay any council tax at all.
You should make a claim direct to your local councils Council Tax Benefit office, using the form they provide. Or if you prefer, you may be able to make your claim by phone or online. Ask for the claim to be dated from the day you asked for the form. If you are over 60 and you think you would have qualified for Council Tax Benefit before you made your claim, you may be able to get payment backdated for up to a year.
You can also access information at www.adviceguide.org.uk or come into the bureau.
I'm now caring for my elderly mother, I'm worried about how I can fit this in with work
I work full time but I am having to take on the care of my elderly mother who is disabled. Im worried about how I can fit this in with work.
From 6 April, all employees who are carers of adult dependants have the right to ask for flexible working and to have that request considered seriously by their employer.
So If you think more flexible working would help, talk to your boss as soon as possible to explore what options may be available. Flexible working describes a wide variety of working patterns, including compressed hours, flexitime, home working, job sharing, staggered hours and term-time working.
Under the new rules, a carer is defined as an employee who is, or expects to be, caring for an adult to whom they are married, or who is their partner or civil partner, or is a near relative (parent, parent-in-law, adult child, sibling, aunt, uncle or grandparent, or step-relative). It can also be someone unrelated but living at the same address.
There is a formal procedure to follow which starts with you providing your employer with a carefully thought out application in advance of when you would like the new work pattern to take effect. Your boss then has to follow a set procedure to ensure that your request is considered seriously and a discussion takes place. He or she may only refuse your request where there is a recognised business reason for doing so.
There are straightforward forms and letter templates available, along with guidance for both employees and employers, at www.direct.gov.uk/Employment/Employees/fs/en and at www.acas.org.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
From 6 April, all employees who are carers of adult dependants have the right to ask for flexible working and to have that request considered seriously by their employer.
So If you think more flexible working would help, talk to your boss as soon as possible to explore what options may be available. Flexible working describes a wide variety of working patterns, including compressed hours, flexitime, home working, job sharing, staggered hours and term-time working.
Under the new rules, a carer is defined as an employee who is, or expects to be, caring for an adult to whom they are married, or who is their partner or civil partner, or is a near relative (parent, parent-in-law, adult child, sibling, aunt, uncle or grandparent, or step-relative). It can also be someone unrelated but living at the same address.
There is a formal procedure to follow which starts with you providing your employer with a carefully thought out application in advance of when you would like the new work pattern to take effect. Your boss then has to follow a set procedure to ensure that your request is considered seriously and a discussion takes place. He or she may only refuse your request where there is a recognised business reason for doing so.
There are straightforward forms and letter templates available, along with guidance for both employees and employers, at www.direct.gov.uk/Employment/Employees/fs/en and at www.acas.org.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
I've heard about the Child Trust Fund but I don't know if I can apply. Who is it for and what do I ?
I've heard about the Child Trust Funds but I don't know if I can apply. Who is it for and what do I have to do?
The Child Trust Fund is a long-term investment account to help save money for when your child turns 18. If your child was born after 1 September 2002 and you get Child Benefit for your child, you will be sent a Child Trust Fund voucher when you start getting Child Benefit. When you get this voucher, make sure you open a special bank or building society account with it, so that the Government can start paying money into your child's account. It will not affect any benefits or tax credits you receive.
The Government will make an initial payment of £250 into the account and another payment of £250 when your child is seven years old. If your family is on a low income your child will get twice that amount paid into their Child Trust Fund account. Friends and family can also pay up to £1,200 a year into the account and you wont have to pay any tax on those savings. Money cannot be taken out of a Child Trust Fund account until your child is 18.
For more information about the Child Trust Fund, including how to open an account, go to www.childtrustfund.gov.uk or for more information on benefits you may be entitled to go to www.adviceguide.org.uk or come into the bureau.
The Child Trust Fund is a long-term investment account to help save money for when your child turns 18. If your child was born after 1 September 2002 and you get Child Benefit for your child, you will be sent a Child Trust Fund voucher when you start getting Child Benefit. When you get this voucher, make sure you open a special bank or building society account with it, so that the Government can start paying money into your child's account. It will not affect any benefits or tax credits you receive.
The Government will make an initial payment of £250 into the account and another payment of £250 when your child is seven years old. If your family is on a low income your child will get twice that amount paid into their Child Trust Fund account. Friends and family can also pay up to £1,200 a year into the account and you wont have to pay any tax on those savings. Money cannot be taken out of a Child Trust Fund account until your child is 18.
For more information about the Child Trust Fund, including how to open an account, go to www.childtrustfund.gov.uk or for more information on benefits you may be entitled to go to www.adviceguide.org.uk or come into the bureau.
I was sold insurance to cover my repayments. I've been made redundant, but my claim has been refused
When I took out a loan I was sold insurance that promised to cover my repayments if I lost my job or was too ill to work. Recently I was made redundant but my claim has been turned down. Is there anything I can do?
The payment protection insurance (PPI) business is currently facing close scrutiny from regulators after concerns were raised by Citizens Advice and others about excessive profiteering and the high number of policies that fail to pay out. In recent months half a dozen companies have also been fined for mis-selling PPI.
Mis-selling occurs when a company gives false information about a policy, or recommends one that is unsuitable for you, and you are unable to make a claim - for example, if you are above or below the given age limit, are unemployed or work part time.
If a company recommends a payment protection insurance policy, it must take reasonable steps to ensure it is suitable for you. If companies do not offer a choice of policy, they might still be mis-selling if they fail to provide appropriate information about the policy in good time for you to make an informed decision about it and it turns out to be unsuitable.
If you think you have been mis-sold, you should write to the company concerned requesting a refund of the policy premiums (if the policy is completely unsuitable), or compensation if you were misled regarding what you could claim. If the complaint is not resolved within eight weeks, you can ask the Financial Ombudsman Service (FOS) to intervene. For more information about PPI and making a complaint to the FOS, you can access information at www.adviceguide.org.uk or come into the bureau.
The payment protection insurance (PPI) business is currently facing close scrutiny from regulators after concerns were raised by Citizens Advice and others about excessive profiteering and the high number of policies that fail to pay out. In recent months half a dozen companies have also been fined for mis-selling PPI.
Mis-selling occurs when a company gives false information about a policy, or recommends one that is unsuitable for you, and you are unable to make a claim - for example, if you are above or below the given age limit, are unemployed or work part time.
If a company recommends a payment protection insurance policy, it must take reasonable steps to ensure it is suitable for you. If companies do not offer a choice of policy, they might still be mis-selling if they fail to provide appropriate information about the policy in good time for you to make an informed decision about it and it turns out to be unsuitable.
If you think you have been mis-sold, you should write to the company concerned requesting a refund of the policy premiums (if the policy is completely unsuitable), or compensation if you were misled regarding what you could claim. If the complaint is not resolved within eight weeks, you can ask the Financial Ombudsman Service (FOS) to intervene. For more information about PPI and making a complaint to the FOS, you can access information at www.adviceguide.org.uk or come into the bureau.
I'm finding it hard to afford my medication since prescription charges went up, what can I do?
I am on various tablets permanently to treat a chronic health condition but I have been told I don't qualify for free prescriptions. I'm finding it hard to afford my medication since prescription charges went up again recently and I'm tempted to cut out some of the pills I've been told to take to cut down the cost.
If you have to pay for more than five prescription items in four months, or 14 items in 12 months, you could save money by buying a pre-payment certificate (PPC). Prescriptions in England now cost £6.85 per item (in Wales they are free), whereas a three month PPC costs £26.85 and a 12-month one costs £98.70.
Until recently, an annual pre-payment certificate had to be paid for in a lump sum upfront, but since 1 July you can spread the cost by paying for a 12-month PPC in 10 monthly instalments by Direct Debit.
You can apply online via an NHS website www.ppa.nhs.uk or over the phone (have your credit or debit card details ready) on 0845 850 0030. Some chemists can sell pre-payment certificates so check with your local pharmacy. Alternatively, fill in form FP95, available from pharmacies and doctors surgeries, and send the completed form to:
Prescription Pricing Authority
PPC Issue Office, PO Box 854, Newcastle Upon Tyne, NE99 2DE.
For more information, or to apply online, go to www.ppa.nhs.uk
Some people can get free prescriptions. You should check again whether you could get free prescriptions before buying a PPC. Get a copy of Leaflet HC11 (Help with Health Costs) from your nearest Post Office, chemist or GP surgery. You can also get this by writing to Department of Health, PO Box 777, LONDON SE1 6XH.
You can also access information at www.adviceguide.org.uk or come into the bureau.
If you have to pay for more than five prescription items in four months, or 14 items in 12 months, you could save money by buying a pre-payment certificate (PPC). Prescriptions in England now cost £6.85 per item (in Wales they are free), whereas a three month PPC costs £26.85 and a 12-month one costs £98.70.
Until recently, an annual pre-payment certificate had to be paid for in a lump sum upfront, but since 1 July you can spread the cost by paying for a 12-month PPC in 10 monthly instalments by Direct Debit.
You can apply online via an NHS website www.ppa.nhs.uk or over the phone (have your credit or debit card details ready) on 0845 850 0030. Some chemists can sell pre-payment certificates so check with your local pharmacy. Alternatively, fill in form FP95, available from pharmacies and doctors surgeries, and send the completed form to:
Prescription Pricing Authority
PPC Issue Office, PO Box 854, Newcastle Upon Tyne, NE99 2DE.
For more information, or to apply online, go to www.ppa.nhs.uk
Some people can get free prescriptions. You should check again whether you could get free prescriptions before buying a PPC. Get a copy of Leaflet HC11 (Help with Health Costs) from your nearest Post Office, chemist or GP surgery. You can also get this by writing to Department of Health, PO Box 777, LONDON SE1 6XH.
You can also access information at www.adviceguide.org.uk or come into the bureau.
As a smoker, can you tell me how the new smoking ban affects me?
As a smoker, can you tell me how the new smoking ban affects me?
Since the 1st of July 2007, virtually all enclosed public places and workplaces became smoke free environments. This includes offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. The law also means that indoor smoking rooms, once common in workplaces, are no longer allowed. So anyone wishing to smoke has to go outside instead.
No-smoking signs have to be displayed in all smoke free premises and vehicles. Managers of smoke free premises and vehicles have legal responsibilities to prevent people from smoking. If you are uncertain where you can or can't smoke, you will need to look for the no-smoking signs or ask someone in charge.
If you don't comply with the new smoke free law, you are committing a criminal offence and liable to be served with a fixed penalty notice or face a fine. People smoking in smoke free premises or work vehicles face a £50 fixed penalty or a fine of up to £200. There are stiffer penalties for people managing premises and vehicles.
Local councils are responsible for enforcing the new law in England. A telephone line 0800 587 1667 is in operation to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
For more information go to www.smokefreeengland.co.uk You can also access information at www.adviceguide.org.uk or come into the bureau.
Since the 1st of July 2007, virtually all enclosed public places and workplaces became smoke free environments. This includes offices, factories, shops, pubs, bars, restaurants, membership clubs, public transport and work vehicles that are used by more than one person. The law also means that indoor smoking rooms, once common in workplaces, are no longer allowed. So anyone wishing to smoke has to go outside instead.
No-smoking signs have to be displayed in all smoke free premises and vehicles. Managers of smoke free premises and vehicles have legal responsibilities to prevent people from smoking. If you are uncertain where you can or can't smoke, you will need to look for the no-smoking signs or ask someone in charge.
If you don't comply with the new smoke free law, you are committing a criminal offence and liable to be served with a fixed penalty notice or face a fine. People smoking in smoke free premises or work vehicles face a £50 fixed penalty or a fine of up to £200. There are stiffer penalties for people managing premises and vehicles.
Local councils are responsible for enforcing the new law in England. A telephone line 0800 587 1667 is in operation to enable members of the public to report possible breaches of the law. This information will be passed to local councils to follow-up as appropriate.
For more information go to www.smokefreeengland.co.uk You can also access information at www.adviceguide.org.uk or come into the bureau.
How do I secure my tenancy deposit? My landlord hasn't told me about it.
I've heard that there is a new scheme for tenants to safeguard their deposits given to landlords. I've asked my landlord about it, but I'm not sure he is part of the scheme. What should I do?
Since 6 April 2007, anyone signing a tenancy agreement should check with their landlord or agent how their deposit will be protected. The tenant still pays the deposit to the landlord or agent but the money must be safeguarded through a Government approved tenancy deposition protection scheme. The landlord has 14 days to tell you details of the scheme.
There are sanctions against landlords who don't comply with the law. You could take your landlord to court and if your landlord has not given you details of the scheme or has not put the deposit in an authorised scheme, the court will order the landlord to repay the deposit or pay it into a scheme. The court must also order the landlord to pay the tenant a fine of three times the deposit within 14 days. However, you may decide not to pursue this course of action until you are ready to leave.
If you are given notice to quit by your landlord, its very important to check immediately that your deposit is protected; if it's not you should get advice as you may have a defence against eviction.
You can also access information at www.adviceguide.org.uk or come into the bureau.
Since 6 April 2007, anyone signing a tenancy agreement should check with their landlord or agent how their deposit will be protected. The tenant still pays the deposit to the landlord or agent but the money must be safeguarded through a Government approved tenancy deposition protection scheme. The landlord has 14 days to tell you details of the scheme.
There are sanctions against landlords who don't comply with the law. You could take your landlord to court and if your landlord has not given you details of the scheme or has not put the deposit in an authorised scheme, the court will order the landlord to repay the deposit or pay it into a scheme. The court must also order the landlord to pay the tenant a fine of three times the deposit within 14 days. However, you may decide not to pursue this course of action until you are ready to leave.
If you are given notice to quit by your landlord, its very important to check immediately that your deposit is protected; if it's not you should get advice as you may have a defence against eviction.
You can also access information at www.adviceguide.org.uk or come into the bureau.
We're thinking of buying a time-share, could we be making a big mistake?
We're thinking of buying a time-share, but we've heard lots of horror stories about them. Would we be making a big mistake?
Many people with time-shares are very happy with them, but you're right to be wary, there are a lot of rogue traders out there. The law is going to be tightened up to stamp out some of the worst abuses, but this wont be happening until 2010. In the meantime, follow our top tips to avoid being conned:
Remember that holiday clubs, boats, time-share re-sales and contracts lasting less than three years are not covered by current time-share legislation, so you do not get the same cancellation rights or protection if things go wrong.
Be wary of any prize or holiday which has to be collected at a presentation. Don't claim it unless you want to undergo several hours of high-pressure selling.
If you are approached on holiday, don't get into a taxi or bus provided by a sales rep. Companies often choose locations away from your hotel and out of town, making it more difficult to leave a sales presentation.
If you are unsure about a deal, leave. Ignore suggestions that the special offer may not be available later on.
Be very wary of making an upfront payment to clinch the deal.
Be wary of cash back schemes. If the company goes bust before the cash is due, or you cannot find them, you will never get the money.
Ask for written information about costs, companies involved and responsibilities. Take this away and read it before signing. Written information in your own language is a right.
If you change your mind, act quickly. Check the small print for information about a cooling-off period. You may be able to cancel. If they have lied to you or broken the agreement and you paid by credit card or have a credit agreement, get advice about claiming from the credit company
You can also access information at www.adviceguide.org.uk or come into the bureau.
Many people with time-shares are very happy with them, but you're right to be wary, there are a lot of rogue traders out there. The law is going to be tightened up to stamp out some of the worst abuses, but this wont be happening until 2010. In the meantime, follow our top tips to avoid being conned:
Remember that holiday clubs, boats, time-share re-sales and contracts lasting less than three years are not covered by current time-share legislation, so you do not get the same cancellation rights or protection if things go wrong.
Be wary of any prize or holiday which has to be collected at a presentation. Don't claim it unless you want to undergo several hours of high-pressure selling.
If you are approached on holiday, don't get into a taxi or bus provided by a sales rep. Companies often choose locations away from your hotel and out of town, making it more difficult to leave a sales presentation.
If you are unsure about a deal, leave. Ignore suggestions that the special offer may not be available later on.
Be very wary of making an upfront payment to clinch the deal.
Be wary of cash back schemes. If the company goes bust before the cash is due, or you cannot find them, you will never get the money.
Ask for written information about costs, companies involved and responsibilities. Take this away and read it before signing. Written information in your own language is a right.
If you change your mind, act quickly. Check the small print for information about a cooling-off period. You may be able to cancel. If they have lied to you or broken the agreement and you paid by credit card or have a credit agreement, get advice about claiming from the credit company
You can also access information at www.adviceguide.org.uk or come into the bureau.
I've heard something about us getting more holidays. Can you tell me if this is right?
I've heard something about us getting more holidays. Can you tell me if this is right?
Yes, it is. As from 1 October 2007, anyone working full-time (five days a week or more) is entitled to 24 days paid holiday a year, an increase of four days a year. This right to paid holiday will increase again to 28 days a year from 1 April 2009. Part-time workers get a pro-rata increase.
This is the minimum paid holiday you must be given, but your contract may entitle you to more. Public and bank holidays will count as part of your holiday entitlement unless your contract specifically says that you are given these in addition to your statutory paid holiday, so check your terms.
Workers will be able to carry the additional amount of statutory holiday over to the following year.
The Department for Business, Enterprise and Regulatory Reform (DBERR) has produced a ready reckoner to help calculate entitlement. It is available from the DEBRR website at www.berr.gov.uk
If you have any problems getting the time off work you are entitled to, or if you need help working out your rights to paid holiday, consult an adviser at the bureau. You can also access information at www.adviceguide.org.uk.
Yes, it is. As from 1 October 2007, anyone working full-time (five days a week or more) is entitled to 24 days paid holiday a year, an increase of four days a year. This right to paid holiday will increase again to 28 days a year from 1 April 2009. Part-time workers get a pro-rata increase.
This is the minimum paid holiday you must be given, but your contract may entitle you to more. Public and bank holidays will count as part of your holiday entitlement unless your contract specifically says that you are given these in addition to your statutory paid holiday, so check your terms.
Workers will be able to carry the additional amount of statutory holiday over to the following year.
The Department for Business, Enterprise and Regulatory Reform (DBERR) has produced a ready reckoner to help calculate entitlement. It is available from the DEBRR website at www.berr.gov.uk
If you have any problems getting the time off work you are entitled to, or if you need help working out your rights to paid holiday, consult an adviser at the bureau. You can also access information at www.adviceguide.org.uk.
My elderly father has asked me to take over managing his financial affairs, how do I do this?
My elderly father is becoming forgetful and has asked me to take over managing his financial affairs. The bank told me I would need power of attorney to do this and said I should arrange this now before his memory gets any worse. How do I go about it?
Your father can create what is known as a lasting power of attorney (LPA).
An LPA is a legal document made using a special form. It allows you to choose someone you trust to make decisions on your behalf about things such as property and financial affairs or personal welfare at a time in the future when you no longer wish to make those decisions or may lack the mental capacity to make those decisions yourself.
You can make an LPA at any time, but it cannot be used until it has been registered with the Office of the Public Guardian. LPAs replaced enduring power of attorney (EPA) on October 1, although EPAs already registered before this date are still valid, and an EPA created before this date can still be registered.
If your father also wants you to be able to make personal welfare decisions on his behalf he will need to make a separate Personal Welfare LPA. Personal welfare decisions can only be taken by somebody else when you are incapable of making them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia.
For more information details of how to create an LPA go to the website of the Office of the Public Guardian www.publicguardian.gov.uk You can also access information at www.adviceguide.org.uk or come into the bureau.
Your father can create what is known as a lasting power of attorney (LPA).
An LPA is a legal document made using a special form. It allows you to choose someone you trust to make decisions on your behalf about things such as property and financial affairs or personal welfare at a time in the future when you no longer wish to make those decisions or may lack the mental capacity to make those decisions yourself.
You can make an LPA at any time, but it cannot be used until it has been registered with the Office of the Public Guardian. LPAs replaced enduring power of attorney (EPA) on October 1, although EPAs already registered before this date are still valid, and an EPA created before this date can still be registered.
If your father also wants you to be able to make personal welfare decisions on his behalf he will need to make a separate Personal Welfare LPA. Personal welfare decisions can only be taken by somebody else when you are incapable of making them for yourself; for example if you are unconscious or because of the onset of a condition such as dementia.
For more information details of how to create an LPA go to the website of the Office of the Public Guardian www.publicguardian.gov.uk You can also access information at www.adviceguide.org.uk or come into the bureau.
What's the best way to save for Christmas? I don't trust Christmas clubs since I heard about Farepak
What's the best way to save for Christmas? I don't trust Christmas clubs since I heard about Farepak going bust last year.
Since the collapse of Farepak, which left many small savers hundreds of pounds out of pocket and without any of the money they had put aside to pay for Christmas, the government has been working with hamper companies to put some protection in place to make sure the same thing can't happen again.
In the meantime, there are a number of different options to think about all with their own pros and cons. These include supermarket savings stamp schemes and milkman hampers, Christmas clubs with local shops, credit unions, and bank or building society savings accounts, some of which offer special Christmas versions. Lots of people like Christmas hamper and voucher schemes because of the social side of saving with friends, family or colleagues, as well as knowing they wont be able to raid their savings before Christmas.
Savings with banks, building societies and credit unions are all protected if things go wrong. With the other schemes you're unlikely to get all your money back if the company goes bust, but Christmas hamper and voucher schemes have agreed to set up safeguards for peoples money and are working to put arrangements in place. Those may be too late to help this year, but may mean your money is better protected in one of these schemes next year.
For more detailed information and guidance on all the savings options for Christmas, have a look at the Office of Fair Trading's Save Xmas campaign on its website www.oft.gov.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
Since the collapse of Farepak, which left many small savers hundreds of pounds out of pocket and without any of the money they had put aside to pay for Christmas, the government has been working with hamper companies to put some protection in place to make sure the same thing can't happen again.
In the meantime, there are a number of different options to think about all with their own pros and cons. These include supermarket savings stamp schemes and milkman hampers, Christmas clubs with local shops, credit unions, and bank or building society savings accounts, some of which offer special Christmas versions. Lots of people like Christmas hamper and voucher schemes because of the social side of saving with friends, family or colleagues, as well as knowing they wont be able to raid their savings before Christmas.
Savings with banks, building societies and credit unions are all protected if things go wrong. With the other schemes you're unlikely to get all your money back if the company goes bust, but Christmas hamper and voucher schemes have agreed to set up safeguards for peoples money and are working to put arrangements in place. Those may be too late to help this year, but may mean your money is better protected in one of these schemes next year.
For more detailed information and guidance on all the savings options for Christmas, have a look at the Office of Fair Trading's Save Xmas campaign on its website www.oft.gov.uk
You can also access information at www.adviceguide.org.uk or come into the bureau.
My son won't be paid for his 'work experience' job, is that right?
My son is a student and has to do eight weeks work experience as part of his course. He has got a temporary job but has been told he wont be paid. Surely he is entitled to at least the minimum wage?
From October 1, students in further education who undertake work experience as part of their course have been added to the list of people who are not entitled to the national minimum wage.
However, from the same date, the rates for those who are entitled to the minimum wage went up although at £4.60 the rate for young people aged 18-21 is still lower than that for older workers. For those aged 16 and 17 it is even lower at £3.40, including this years 10p an hour increase.
The main adult rate paid to those aged 22 or over has increased to £5.52 an hour.
To find out if you are eligible to claim the minimum wage, contact the National Minimum Wage Helpline on 0845 600 0678. You can also use the Interactive Guidance on Employment Rights website at DirectGov
If you think you are entitled to the national minimum wage but are not being paid it, contact the NMW helpline or the bureau. You can make a complaint in confidence, and the national minimum wage enforcement agency has powers to take action against an employer if they are not complying with the law on minimum rates of pay.
You can also access information at www.adviceguide.org.uk or come into the bureau.
From October 1, students in further education who undertake work experience as part of their course have been added to the list of people who are not entitled to the national minimum wage.
However, from the same date, the rates for those who are entitled to the minimum wage went up although at £4.60 the rate for young people aged 18-21 is still lower than that for older workers. For those aged 16 and 17 it is even lower at £3.40, including this years 10p an hour increase.
The main adult rate paid to those aged 22 or over has increased to £5.52 an hour.
To find out if you are eligible to claim the minimum wage, contact the National Minimum Wage Helpline on 0845 600 0678. You can also use the Interactive Guidance on Employment Rights website at DirectGov
If you think you are entitled to the national minimum wage but are not being paid it, contact the NMW helpline or the bureau. You can make a complaint in confidence, and the national minimum wage enforcement agency has powers to take action against an employer if they are not complying with the law on minimum rates of pay.
You can also access information at www.adviceguide.org.uk or come into the bureau.
Someone bought me a Christmas present I don't want. Can I take it back to the shop?
Someone bought me a Christmas present I don't want. Can I take it back to the shop where it was bought and get my money back?
The shop may agree to give you your money back, but there is nothing in law which says they have to. Many of the large high-street retailers do have 'returns policies' and may offer you a refund, an exchange, a credit note or gift voucher if you have received a gift that you don't like – but there may be a time limit within which you have to take the item back to the shop. Even if a shop doesn't have a returns policy, they may still offer to take the gift back as a goodwill gesture, particularly after Christmas. This is less likely to be the case with smaller shops which can't afford to have returns policies or provide goodwill gestures. You will probably need to produce a receipt, although some retailers will exchange items without one. If you don't have a receipt, you could try using a bank or credit card statement from the person who bought the present instead. If the gift was bought using a credit or debit card, any refund will normally have to go back on the same card, so if you want to exchange your present for cash, you'll probably have to get the person who bought it for you to arrange a refund. To find out more about your consumer rights, see www.adviceguide.org.uk or consult your local CAB.
The shop may agree to give you your money back, but there is nothing in law which says they have to. Many of the large high-street retailers do have 'returns policies' and may offer you a refund, an exchange, a credit note or gift voucher if you have received a gift that you don't like – but there may be a time limit within which you have to take the item back to the shop. Even if a shop doesn't have a returns policy, they may still offer to take the gift back as a goodwill gesture, particularly after Christmas. This is less likely to be the case with smaller shops which can't afford to have returns policies or provide goodwill gestures. You will probably need to produce a receipt, although some retailers will exchange items without one. If you don't have a receipt, you could try using a bank or credit card statement from the person who bought the present instead. If the gift was bought using a credit or debit card, any refund will normally have to go back on the same card, so if you want to exchange your present for cash, you'll probably have to get the person who bought it for you to arrange a refund. To find out more about your consumer rights, see www.adviceguide.org.uk or consult your local CAB.
I’m coming up to retirement age, do I have to claim my pension straight away?
I always thought I’d take my pension as soon as I could, but now I’m coming up to retirement age I don’t really want to leave my job and my employers want me to stay. Do I have to claim my pension straight away?
No. When you reach State Pension age you may not need the income from your pension because you intend to carry on working so you can decide whether to claim your pension or defer it. You can claim your State Pension while you carry on working – your earnings will not affect the amount of State Pension you get, but State Pension counts as income for tax purposes, so if you claim it, it may well affect the amount of tax you have to pay. Or, you can put off claiming it for a while to get either extra State Pension or a one-off taxable lump-sum payment when you do claim. If you decide to put off claiming State pension, your options will depend on how long you put it off for. The longer you put it off the more you will get – for every five weeks you put off claiming you build up extra State Pension at 1 per cent of your normal weekly rate. To get a lump sum payment you have to put off claiming for at least 12 months continuously. You do not need to tell the Pension Service which option you prefer until you finally claim your State Pension. The choice is yours and will depend on your circumstances and wishes. For more information visit www.adviceguide.org.uk or www.thepensionservice.gov.uk
No. When you reach State Pension age you may not need the income from your pension because you intend to carry on working so you can decide whether to claim your pension or defer it. You can claim your State Pension while you carry on working – your earnings will not affect the amount of State Pension you get, but State Pension counts as income for tax purposes, so if you claim it, it may well affect the amount of tax you have to pay. Or, you can put off claiming it for a while to get either extra State Pension or a one-off taxable lump-sum payment when you do claim. If you decide to put off claiming State pension, your options will depend on how long you put it off for. The longer you put it off the more you will get – for every five weeks you put off claiming you build up extra State Pension at 1 per cent of your normal weekly rate. To get a lump sum payment you have to put off claiming for at least 12 months continuously. You do not need to tell the Pension Service which option you prefer until you finally claim your State Pension. The choice is yours and will depend on your circumstances and wishes. For more information visit www.adviceguide.org.uk or www.thepensionservice.gov.uk
The company I work for has recently been relocated. Can they make me travel?
The company I work for has recently been taken over and transferred 30 miles away. Can they make me travel this far or should they be offering me redundancy?
It’s not quite straightforward and depends on a number of things like your contract, your circumstances and whether you have been offered suitable alternative employment. First of all, it depends on whether there is a mobility clause in your contract of employment, which says that you are required to work in any one of a number of locations or within a geographical area (although the geographical area could be the whole of the UK!) If there is no mobility clause in the contract, an employment tribunal would usually find that you were redundant because the business you work for has moved. However, you might lose this entitlement to a redundancy payment if it was felt you had unreasonably refused an offer of suitable alternative employment. On the other hand, if moving to new premises means that you could no longer pick up your children from childcare, for example, your circumstances would make you able to claim redundancy. There have also been challenges to mobility clauses on the grounds that if the employee only ever works in one place, it is unreasonable to insert a mobility clause into a contract and could have been done simply to avoid redundancy claims. You probably need more detailed help about your particular circumstances and your local CAB will be able to help. For more information about your rights at work go to the Citizens Advice website www.adviceguide.org.uk
It’s not quite straightforward and depends on a number of things like your contract, your circumstances and whether you have been offered suitable alternative employment. First of all, it depends on whether there is a mobility clause in your contract of employment, which says that you are required to work in any one of a number of locations or within a geographical area (although the geographical area could be the whole of the UK!) If there is no mobility clause in the contract, an employment tribunal would usually find that you were redundant because the business you work for has moved. However, you might lose this entitlement to a redundancy payment if it was felt you had unreasonably refused an offer of suitable alternative employment. On the other hand, if moving to new premises means that you could no longer pick up your children from childcare, for example, your circumstances would make you able to claim redundancy. There have also been challenges to mobility clauses on the grounds that if the employee only ever works in one place, it is unreasonable to insert a mobility clause into a contract and could have been done simply to avoid redundancy claims. You probably need more detailed help about your particular circumstances and your local CAB will be able to help. For more information about your rights at work go to the Citizens Advice website www.adviceguide.org.uk
I'm being harassed at work because my colleagues think I’m gay
I'm being harassed at work because my colleagues think I’m gay. They call me names and tease me. I have spoken to my boss but he has done nothing about it, and says it’s just a bit of fun and I shouldn’t take it so seriously. What can I do?
Any behaviour like this in the workplace that upsets an individual, can amount to harassment. Employers are responsible for the actions of their staff, as well as staff being individually responsible for their behaviour towards their colleagues. If you are being harassed, your employer may be responsible unless they can show that they took all possible steps to prevent the harassment. It is unlawful to discriminate against, or to harass workers, because they are believed to be lesbian, gay or bisexual, whether or not they are actually lesbian, gay or bisexual. Since your boss is refusing to take your concerns seriously, you may want to raise a grievance with him. This should be in writing, and should be signed and dated. If you decide to make a claim to an employment tribunal, you must raise a written grievance before you do this. If you think you have been discriminated against because of your sexuality, contact the Equality and Human Rights Commission at: www.equalityhumanrights.com For more information about raising a written grievance with your boss, see Dealing with grievances, dismissal and disciplinary action at work on the Citizens Advice website www.adviceguide.org.uk or talk to an adviser at your local CAB.
Any behaviour like this in the workplace that upsets an individual, can amount to harassment. Employers are responsible for the actions of their staff, as well as staff being individually responsible for their behaviour towards their colleagues. If you are being harassed, your employer may be responsible unless they can show that they took all possible steps to prevent the harassment. It is unlawful to discriminate against, or to harass workers, because they are believed to be lesbian, gay or bisexual, whether or not they are actually lesbian, gay or bisexual. Since your boss is refusing to take your concerns seriously, you may want to raise a grievance with him. This should be in writing, and should be signed and dated. If you decide to make a claim to an employment tribunal, you must raise a written grievance before you do this. If you think you have been discriminated against because of your sexuality, contact the Equality and Human Rights Commission at: www.equalityhumanrights.com For more information about raising a written grievance with your boss, see Dealing with grievances, dismissal and disciplinary action at work on the Citizens Advice website www.adviceguide.org.uk or talk to an adviser at your local CAB.
