Know Your Rights

Know Your Rights A: Public holidays at Christmas
December 2011
Question
I work a 5-day week, Monday to Friday. What days off will I get at Christmas?
Answer
Christmas Day (25 December), St Stephen’s Day (26 December) and New Year’s Day (1 January) are public holidays every year.
In 2011 Christmas Day falls on a Sunday and St Stephen's Day falls on a Monday. New Year's Day 2012 falls on a Sunday.
There is no specific rule about what happens when a public holiday falls on a weekend. You are not automatically entitled to take the next working day off work. You are entitled to the normal alternative arrangements for public holidays. These are:

• A paid day off within a month of the public holiday
• An additional day of annual leave
• An additional day's pay
• The nearest church holiday to the public holiday as a paid day off.

Under the Organisation of Working Time Act 1997 you may ask your employer, at least 21 days before a public holiday, which of the alternatives will apply to you. Your employer should respond to you at least 14 days before the public holiday. In practice, most employers will give employees Tuesday 27 December and Monday 2 January off in lieu of Christmas Day and New Year’s Day – but it is important to remember that this is not an automatic entitlement.
The National Employment Rights Authority (NERA) has published information about the Christmas public holidays on www.employmentrights.ie.
You can make complaints about public holidays to a Rights Commissioner at the Labour Relations Commission, Tom Johnson House, Haddington Road, Beggar’s Bush, Dublin 4, Tel: (01) 613 6700, Lo-call 1890 220 227.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.

Bray 3/ 4 The Boulevard, Quinsboro Road
Tel: 0761 07 6780
Arklow 73 Lower Main Street
Tel: 0761 07 6750
Wicklow 9/10 Lower Mall
Tel: 0761 07 6840

Outreach Centres in
Baltinglass Tel: 086 048 1880
Blessington Tel: 086 048 1881
Glendalough Tel: 0404 45611
Carnew Tel: 053 94 26555
Information is also available online at www.citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 0761 07 4000.
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Know Your Rights B: Buying goods on the Internet
December 2011
Question
I have ordered some Christmas presents from UK and Belgian websites. Can I return them if I’m not happy when they arrive?
Answer
Online purchases within the EU are covered by the European Directive on Distance Selling. Under this Directive you are entitled to a cooling-off period of 7 days. During the cooling-off period, you can cancel distance contracts without giving a reason and without incurring charges or penalties, other than possible charges incurred in returning the goods.
You must send the goods back within this 7-day period. It is not enough to say that you will return them.
The 7-day period begins on the day that you receive the product, not the day that you make the purchase.
Upon cancellation, the distance seller is obliged to repay you within 30 days. Once the contract is cancelled, any credit agreements entered into at the time of the contract will be cancelled as well.
Your supplier should have provided you with written confirmation of the contract, including information on aftersales and guarantees, how to cancel the contract and a postal address for complaints. Where a supplier doesn’t provide this written confirmation, the cooling-off period can be extended to 3 months from the date you receive the goods.
Cancellation may not be accepted, however, in certain cases, as follows:
• The goods cannot be returned because they were made specially for you
• The goods are audio or video recordings (like CDs/DVDs) or computer software whose seals have been broken by you
• The goods are newspapers or magazines
• The price of the goods or services is dependent upon financial market fluctuations that are beyond the supplier's control
• The provision of services has already begun with your agreement
The European Consumer Centre handles queries on purchases within the EU.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.
Bray 3/ 4 The Boulevard, Quinsboro Road
Tel: 0761 07 6780
Arklow 73 Lower Main Street
Tel: 0761 07 6750
Wicklow 9/10 Lower Mall
Tel: 0761 07 6840
Outreach Centres
Baltinglass Tel: 086 048 1880
Blessington Tel: 086 048 1881
Glendalough Tel: 0404 45611
Carnew Tel: 053 94 26555

Information is also available online at www.citizensinformation.ie from the Citizens Information Phone Service, Lo-call 0761 07 4000.
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Know Your Rights C: Applying for Supplementary Welfare Allowance
December 2011
Question
I was told to apply for Supplementary Welfare Allowance (SWA) while I wait for a decision on Jobseeker’s Allowance. What is SWA and where do I apply?
Answer
The Supplementary Welfare Allowance (SWA) Scheme provides a basic weekly allowance for people with little or no income. Its main purpose is to guarantee a basic minimum income and provide immediate help for people waiting for decisions on other State payments.
The Scheme also includes:
• Rent Supplement;
• Mortgage Interest Supplement;
• Single payments for urgent or exceptional needs;
• Payments in emergency situations, such as flooding.
The Health Service Executive (HSE) used to administer the SWA Scheme through its network of Community Welfare Officers (CWOs). All CWOs have recently transferred to the Department of Social Protection and are now known as Department of Social Protection representatives administering Supplementary Welfare Allowance.
These officials are still based in health centres, so you will visit your local health centre to apply for a Supplementary Welfare Allowance payment. The Department’s representative will have to assess your income – this may involve a home visit. They will actively refer you to other State agencies and/or voluntary organisations, if relevant. For example, they may refer you to the Money Advice and Budgeting Service (MABS).
Before applying for SWA you must have applied for any other benefit or allowance that you may be entitled to. SWA is a means-tested payment. You must also meet the habitual residence condition.
You will not normally qualify for any payment under the Supplementary Welfare Allowance Scheme if you are in full-time education or full-time work – that is, working for more than 30 hours per week.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Co Wicklow Citizens Information Service which provides a free and confidential service to the public.
Bray 3/ 4 The Boulevard, Quinsboro Road
Tel: 0761 07 6780
Arklow 73 Lower Main Street
Tel: 0761 07 6750
Wicklow 9/10 Lower Mall
Tel: 0761 07 6840
Outreach Centres
Baltinglass Tel: 086 048 1880
Blessington Tel: 086 048 1881
Glendalough Tel: 0404 45611
Carnew Tel: 053 94 26555
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 0761 07 4000.
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Know Your Rights D: Complaining about health and social care services
December 2011
Question
We are not happy with the service that our frail and elderly parents are getting from a number of health and social care professionals. Where and how can we complain?
Answer
You should be able to find the right place to give your feedback on a recently launched website called healthcomplaints.ie. This website has been developed by a group of public and voluntary organisations, including the Citizens Information Board.
Healthcomplaints.ie provides information on how to make a complaint about a healthcare service or a social care service in Ireland. It is aimed at people who use health and social care services, as well as their families, care-givers and advocates.
As well as explaining the options for making a complaint about many specific services, the site also includes sample complaint letters, case studies and guides on how to complain, along with checklists to help ensure that you give all the relevant information.
You can download a booklet, a leaflet and a poster from the site, explaining what it does and how to use it.
Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Co Wicklow Citizens Information
Service which provides a free and confidential service to the public.
Bray 3/ 4 The Boulevard, Quinsboro Road
Tel: 0761 07 6780
Arklow 73 Lower Main Street
Tel: 0761 07 6750
Wicklow 9/10 Lower Mall
Tel: 0761 07 6840
Outreach Centres in
Baltinglass Tel: 086 048 1880
Blessington Tel: 086 048 1881
Glendalough Tel: 0404 45611
Carnew Tel: 053 94 26555
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 0761 07 4000.