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| Q I walked out of my last job- can I still claim dole money? I’m 19. |
| A Yes, as long as you meet the other qualifying conditions (see below). However you may be disqualified from receiving benefits for a set amount of time, of anything from one week up to six months. By dole money we assume you mean Jobseekers Allowance. There are two types of JSA, one of which you may be eligible for if you are actively seeking work and are currently working less than 16 hours a week. Income-based JSA is dependent on how much income you have – so if you have no savings or capital you could be eligible. Contribution-based JSA is dependent on the NI contributions you paid while you were working. But the rules for claiming benefits depend on your circumstances. If you had good reason to leave your previous job, i.e. there was a change in your terms and conditions of employment, or for health reasons, then you will probably be eligible. If you left without good reason you can still claim but will have to wait anything up to a maximum of six months before you will receive any money. You should go to your nearest JobCentre Plus office and speak to them about your situation. You will usually have to fill in a form explaining what happened- and they will normally contact your employer as well. They will then decide whether or not you are eligible for JSA immediately or whether you’ll be disqualified for a certain time. However even if they decide you are not eligible, you could still apply for hardship payments if you would suffer ‘extreme hardship’ (i.e. have no money to live on) by not receiving JSA. Please see our BENEFITS GUIDE for more information. |
| Q I’ve recently moved after renting a house with two friends for a year. We paid a £400 damage deposit, but the landlord won’t pay it back- what can we do? |
| A This is an increasing problem for all tenants. Although there are ways of recovering your money the only really effective method is via the County Court and this can be a slow process. First, you need to see what it says in your tenancy agreement about when your money will be returned. Whenever you pay a damage deposit you should check whether it is going to be kept in a separate account by the landlord and if it will be returned with interest at the end of the tenancy. You should also carry out a check of the inventory of contents of the property, as otherwise you could be held responsible for any damage, and risk losing some of your money when the tenancy ends. If the landlord doesn’t provide an inventory, you should make one yourself and get it signed by an independent witness. It’s always very useful to take photographs of the property, and contents as well. If you do damage anything, you should notify the landlord and keep any receipts for repairs etc. But don’t worry if you didn’t do this, as a security or damage deposit should always be returned to the tenant. Although the landlord can make deductions from your deposit to cover damage to the property or missing items, or outstanding rent, they should not do so for damage regarded as fair wear and tear. If they don’t return your deposit promptly, or you dispute the amount withheld, you need to take legal action in the county court. Your CAB can advise on this, or you can use the Just Ask website www.justask.org.uk to find a legal adviser near you. Don’t be intimidated about going to court- you can do this yourself without a solicitor if you wish, and your CAB will help you free of charge. But whatever you do, you should never withhold rent because you fear not getting your damage deposit back- your landlord can take you to court, and you would have to counterclaim for your deposit. Finally even if there is a clause in your tenancy which does not allow for fair wear and tear, or that says its non-refundable, it is still challengeable because its an unfair contract. Your local Trading Standards Office can help with this. For other useful websites, try www.adviceguide.org.uk and www.shelternet.org.uk Finally, Citizens Advice and Shelter are currently campaigning for changes to be made in the new Housing Bill to protect tenancy deposits and your local CAB would like to hear from anyone who experiences this problem. As well as offering advice they can also help you contact your local MP about the problem. |
| Q My friend was driving through town when he hit another car pulling out of a side road, panicked and sped off. I was in the car with him– should I report it? No one seemed to be hurt. |
| A A driver who is involved in an accident must always stop, even if it’s not his/her fault, if: a person or animal is injured, or another vehicle/property (like a bollard, street lamp or other item) is damaged. When you stop, you must stay long enough to give details to either the police or others involved in the accident, and you must give your name and address and the registration number of your vehicle. If you don’t give these details at the time the law states that you must report them to the police within 24 hours. Not to do both of these things in the event of an accident constitutes a criminal offence. Therefore you should encourage your friend to report the accident to the police as soon as possible, or go to the police yourself. Also remember that the other driver may have seen you and will have reported that there were two people in the car. It doesn’t matter who is at fault; both parties should always stop. When it is not immediately obvious who is at fault, a driver should also look to see whether the accident was caused either directly or indirectly by something else (e.g. a dog running into the road, the traffic lights changing etc.) The driver of a vehicle in an accident should also identify any witnesses who saw what happened. Therefore as the driver in the other car probably saw you, it is likely they have reported that you witnessed the accident. If the situation is serious and a driver is being prosecuted, or intends to prosecute, they should get legal advice as soon as possible. You can go to your local CAB for help. Although legal aid isn’t usually available for minor traffic offences, your CAB can help you or you can use the CLS directory to locate an adviser. You should also consider getting legal advice as a witness- again, your CAB can help. The other driver may want to claim damages from you in which case you should report the accident to your insurance company and see a CAB if you have any problems. Finally, for your information, even when you call the police to the scene of an accident they won’t normally make a report where only minor damage to vehicles has occurred, no allegations are being made and names and addresses have been exchanged. |
| Q When I wanted to go to my dentist recently, I was told that I was no longer registered there and they weren't taking NHS patients anymore. I don't know of another dentist near me and can't afford private treatment. What can I do? |
| Unfortunately dentists aren’t obliged to take on NHS patients, and under existing rules if you are an NHS patient but don’t see your dentist for 15 months or more you will need to re-register. You could try looking up dentists in your area who do take NHS patients on the NHS Direct database, available online at:www.nhsdirect.nhs.uk or call 0845 4647. If you are in pain or need emergency treatment you could always go to your nearest hospital. Treatment in a hospital is free of charge. Alternatively if you live near Kings Lynn you could use the Dental Access centre there, where they provide dental treatment for people not registered with a dentist. Again, contact NHS Direct for details. For further information, you could also try contacting the British Dental Health Foundation helpline. Their helpline number is 0870 333 1188 (Mon-Fri, 9am to 5pm). |
| Q I was off work sick for two weeks, but I’d previously booked the second week off as holiday. Now my employer is saying I’ve got to take it as holiday but I’d like to have it as sick pay and rebook my holiday. Can I do that? |
| This depends on your contract. Regarding holidays, all workers are entitled to four weeks paid holiday a year; this includes agency workers. During your first year of employment your holiday is built up over the year, one twelfth per month (rounded up half a day if necessary). Regarding sick pay, all workers, including agency workers, are entitled to 28 days statutory sick pay (SSP) per year, from the first day of employment. But whether you take sick pay or holiday pay if they clash, as in your case, depends on your contract. If this specifically allows you to take holiday in lieu when you’re off sick while on holiday, you can take holiday at a later stage, and you’ll be classed as off work sick and paid normal sick pay. But if your contract does not specifically allow you to take holiday time in lieu if you’re sick, then you’ll be seen as being on holiday and paid normal holiday pay. Either way, holiday is still accrued while you’re off sick, so even if you’re off sick for a whole year, you still accrue four weeks holiday. If you haven’t got a written contract of employment you need to chase it up with your employer. All employees are entitled to a written statement of terms and conditions of employment after one month of starting work. If you haven’t got one after two months your employer is deemed to be in breach of their obligations and you have the right to apply to an employment tribunal. |
| Q What’s an education maintenance allowance and can I get one? |
| A The Education Maintenance Allowance (EMA) is a scheme offering young people aged 16 to 19 funding to stay in education. It was designed to test whether lack of funds is the reason that many young people fail to go into further education at this age. It is expected that the scheme will: Pay young people going into further education around £30 per week (plus bonuses as long as the student keeps to a "learning agreement" with their college) Be dependent on the young person’s family income Be paid to the young person for two or three years Details of how to apply, who will be eligible etc. will be available nearer the time but meanwhile you could look at the DfES website |
| Q I'm 16 and leaving care in a few months time. Who's going to look after me? |
| Your local authority still has responsibility for you and you should soon have each of the following: 1 Local Authority Policy Statement. This is a written statement of their policy on young people leaving care and their aftercare service. 2 Personal Adviser (Connexions adviser if you're over 16), who will keep in touch with you until you're 21. You're entitled to some say in the choice of adviser. They'll assist with drawing up a pathway plan (see below) and provide you with advice and practical support. 3 Needs Assessment. This should include: health and development education, training and employment support available from family and other relationships financial needs practical and other skills necessary for independent living need for care, support and accommodation. When doing the needs assessment parents, anyone with parental responsibility, carers, the school or college, doctor, your personal adviser and anyone else whom you think is relevant should be involved. A written copy of the results of the needs assessment should be given to you. 4 A pathway plan -this is a plan for your continuing support and contact. It should include: the nature and level of personal support to be provided details of your accommodation a detailed plan for education or training where relevant, how the responsible local authority will assist in employment or seeking employment the support to be provided to enable you to develop and sustain appropriate family and social relationships a programme to develop the practical and other skills necessary for you to live independently the financial support to be provided, particularly in meeting accommodation and maintenance needs the health needs, including any mental health needs, and how they are to be met contingency plans for action to be taken by the responsible local authority should the pathway plan for any reason cease to be effective. 5 The local authority is responsible for looking after you financially and providing you with accommodation. Government guidance recommends payment through a bank account, wherever possible, as you probably won't be entitled to: income support income-based jobseeker's allowance (JSA) housing benefit If you have any problems or are worried about what's going to happen to you, you could contact either your personal adviser, local authority, or for independent advice, a Citizens Advice Bureaux. |
| Q Does my school have to provide classes in other languages for non-English speaking pupils, or provide English classes for them? |
| No. The LEA is not required to teaching in a pupil's first language, although some LEAs and governing bodies have a policy of offering this. You could find out if the LEA or governing body has such a policy and then if this is not being offered, challenge them. If there is no policy, you could try to persuade them to draft one. Alternatively it might be possible for your child to attend classes in a local community centre; the LEA may know of suitable classes. Similarly there’s no requirement for LEAs to teach English as a second language. But some LEAs do offer extra tuition for pupils who need to improve their standard of written and spoken English. (In a Welsh school, English is taught as a second language since it is a core subject of the national curriculum). Incidentally a school shouldn’t define a pupil as having special education needs (SEN) because their first language isn’t English and this is affecting their work. If they assess a pupil's SEN in this way, you could challenge them. |
| Q What financial support can I get if I go to university? |
| A There are two main forms of expenses if you become a student: tuition fees or course costs and living costs. Means-tested grants are available for tuition fees, and student loans for living expenses. For some students in particular circumstances, supplementary grants are available. ‘Means tested’ simply means that the amount you receive will be in direct proportion to the amount of income you/your parents have. (Please note thought that your part-time income while you are a student is not taken into account) Means tested grants for tuition fees are available if you meet the basic qualifying conditions (to do with residency in the UK or the European Economic Area and whether you have studied previously), but the amount you will get is subject to a means test. Apply to the Local Education Authority (LEA), Norfolk County Council. For further information contact the LEA on 01603 222988 or DfEE Information Line 0800 731 9133; Textphone 0800 210280; Website www.ukonline.gov.uk You may also be eligible for a student loan. Apply to your LEA who will assess the amount of loan you can get. 75% of the maximum loan is not means tested, the rest is. You will have to start to repay the loan after leaving university and interest is linked to inflation. You should decide how much you want to apply for, and apply to the Student Loans Company in Glasgow, For further details on payment of student loans contact The Student Loans Company, 100 Boothwell Street, Glasgow G2 7JD 0800 405010; website www.slc.co.uk Hardship loans and Access Funds are also available at the discretion of the college or university, if you are in real difficulty and having trouble paying for basic living expenses or course costs. Hardship loans are added to the student loans and you repay them at the end of the course. You may also be eligible for supplementary grants including: disabled students’ allowance (DSA) – (part-time students and postgraduates are also eligible) dependants’ grants (which may also include a grant for lone parents, school meals, childcare, travel, books and equipment, or a two-homes grant travel costs care leavers’ grant Dependants’ grants are means tested but the DSA, care leaver’s grant and travel costs are not. While previous study may prevent you getting help with tuition fees, it does not affect entitlement to supplementary grants. Apply to the LEA. You may also have some or all of the fees paid for if you attend what is referred to as a designated full-time or sandwich first degree or comparable level course, including HND, HNC, Diploma of Higher Education and PGCE or designated part-time courses of initial teacher training. |
| Q I’m confused by the different types of training available – please could you explain what the main ones are? |
| A There are three main types of training schemes: New Deal, Modern Apprenticeships and Work Based training. The New Deal is available to anyone aged 18-24 who has been claiming JSA for 6 months or more. It offers either employment, a voluntary sector placement or a placement with an environmental task force. You are not paid a salary while on the New Deal but will continue to receive your benefits. Modern Apprenticeships are for anyone aged 16-24 and offer work with a local company while you gain either an NVQ or key skills. The amount you receive while training varies, if you’re on a Foundation Apprenticeship you will receive at least the government’s national training minimum of £40 per week. However if you’re on one of the Advanced Apprenticeships you are likely to be of employed status and receive a salary from the company you’re working with. Work based training is a work placement with a registered training provider (who could be a local authority, private employer or voluntary organisation) while you gain a qualification such as an NVQ. Again the amount you receive is likely to vary but you could receive either the minimum of £40 per week or a salary from the company. |
| Q What are my main employment rights? |
| A Most employees are entitled to a payslip, a written statement of terms and conditions, the minimum wage, holidays and statutory sick pay, plus maternity leave. There are other rights in addition to these that could also apply to you, which you should find out about. We recommend that you speak to a CAB adviser for more details. Please note that part-time workers are entitled to the same contractual rights as full-time employees, but usually on a pro-rata basis. An employment contract can only increase your rights, and cannot take away the following statutory rights, even if you’ve signed it. But if you have a cash-in-hand job none of these rights will apply to you as it is classed as an ‘illegal contract’. The following information applies to anyone aged 16 or over unless stated otherwise. Gross pay (i.e. before any tax or National Insurance has been taken off) Take home pay, after deductions such as tax, National Insurance, pension. Deductions must be listed each time, with the amount of the deduction and what the deduction is for. A payslip is important because its the only evidence you’ve got that the legally required deductions are being made for Income Tax and National Insurance. All employees who have worked for their employer for at least two months are entitled by law to a 'written statement of their terms and conditions of employment'. This should set out what your role is and what is expected of you. Employees of 18 and over are entitled to a national minimum hourly wage. This includes casual and agency workers. Only a few workers are excluded, including apprentices, nannies, au pairs, and self-employed people. However agricultural workers have their own set minimum rates of pay. For details contact the Agricultural Wages Helpline on:-0845 000 0134 For current minimum wage rates, please contact the NMW helpline on 0845 6000 678. All full-time workers are entitled to 4 weeks paid holiday per year (20 days), even if you’ve signed a contract stating that your holiday is less than this. You are entitled to take annual paid leave from the first day of employment. However there is no general right to bank holidays and public holidays. There are exceptions to this if you work for the armed forces, police and in various offshore jobs. Part-time workers are entitled to paid holiday on a pro-rata basis: i.e. the number of days you are entitled to is scaled down in direct proportion to the number of hours you work compared to a full-time worker. For all employees, Statutory Sick Pay is paid for up to 28 weeks a year for a) a continuous spell of sickness of at least four days or b) different periods of sickness of at least four days which are not more than eight weeks apart. It starts on the first day of sickness, even if this is a Sunday or public holiday. However, SSP is not paid for the first three days that you are off sick. But if you are ill again within eight weeks, you don’t have to repeat the three ‘waiting days’ before getting SSP again. All pregnant employees are entitled to a minimum of 26 weeks' maternity leave A woman may also have the right to additional maternity leave - please check with ACAS on 08457 474747. All pregnant employees are entitled to reasonable time off for antenatal care and to receive their normal rate of pay at this time. All pregnant employees are entitled to work in a safe environment (i.e. that does not jeopardise their pregnancy) A woman is forbidden from returning to work within two weeks of giving birth. A woman working in a factory must not return to work within four weeks of giving birth. Finally, both parents of children under 5 are allowed up to 13 weeks a year in unpaid leave. You can also use the Tailored Interactive Guidance on Employment Rights (TIGER) website at www.tiger.gov.uk |
| Q I want to cancel my mobile phone contract but don't know who its with - the shop or the airtime provider? |
| A The way mobile phone contracts are arranged can be complicated, but generally the following rules apply: The contract for the purchase of the handset is with the trader who sold it (for example the shop you bought it from) but the contract for the airtime is with either a company or service provider. If your airtime is with Orange or One 2 One your contract is with them as they sell direct to the public. However if your airtime is with Cellnet or Vodafone, your contract is with a service provider. These vary and you will need to check who your service provider is when you buy your phone. If you have a Vodafone contract it could be vodaconnect, or for example if you had bought it from a larger store like the Carphone Warehouse they are service providers themselves and the contract can be with them. As far as cancelling your contract is concerned you cannot usually cancel it simply because you’ve changed your mind, although you do have various rights. Even if the company the contract is with has not broken any terms in it, you can cancel a contract if you agree to compensate them for any losses incurred. Many contracts include specific terms about cancelling including a set charge. Some companies grant a ‘cooling-off’ period in which you can change your mind without incurring any costs, and the Office of Fair Trading may consider it unfair of the company not to offer this, and be able to take action against them if they don’t. Similarly the OFT may regard it as unfair if the company ask for ‘excessive’ disconnection charges. In any case you should not have to give more than one months notice to cancel your contract. If the problem is with the size of the bill it is possible that there has been an error made by the phone company. In this case you should compare the bill with any previous ones you have, and also check for premium rate calls. If there are any unauthorised premium rate calls on there you should contact Independent Committee for Supervision of Telephone Information Services (address below) If you are disputing a bill you should write to the company enclosing copies of any previous bills and also send payment for the part of the bill that is not in dispute as a sign of goodwill. If this is still not resolved you can use the company’s customer complaints procedure. ICSTIS tel 0800 500212. Freepost WC5468 London SE1 2BR Please note that this is only a guide and if you need further advice you should speak to a qualified adviser. |
| Q Can I change my name- I’m 15? |
| A As a young person under 16 you cannot change your name or surname without your parents’ consent. If they agree, you can change your name though and there are different ways to do this. Generally your name can be changed at any time provided it is not being done to deceive another person. There is no legal procedure that must be followed. Providing all the people who need to give their consent have done so, you simply start using your new name. Either your forename or surname can be changed, and/or names can be added or rearranged. However, the details on your birth certificate cannot be changed, except in limited circumstances. If your parents are, or have been, married, neither of them can change your name without the consent of the other parent. If your parents have not been married, your mother can change your name without your father’s consent unless he has acquired parental responsibility through agreement or a court order. However, courts have advised that where there is any dispute about the change of a child’s name, the proper way to resolve this is by referring it to court. If a parent (whether married or unmarried), or any other person, objects to your change of name, s/he can apply to the court for a prohibited steps order or a specific issue order, which could prevent the change taking place. A solicitor will help with this. The court will consider what would be in your best interests. This includes any social implications of the change of name and the importance of retaining the existing name, for example, to preserve links with your father. Although there is no legal procedure you may need to produce evidence that your name has changed, e.g. your school may require evidence of the other parent’s consent. There are four accepted ways to prove your change of name: Letter from a responsible person Public announcement Statutory declaration Deed poll The CAB can give further details on all of these. Finally if your parents decided to change your name they can do so without your consent. But you can object and apply for a court order to prevent the change, provided the court is satisfied that you have sufficient understanding of what is involved. |
| Q I disagree with a decision I have just received from the Department for Work and Pensions. What can I do? |
| A With all benefits administered by the DWP you can dispute their decision. Also with some decisions, you can appeal to an independent body – a unified appeal tribunal. If you have a right of appeal on the decision you can choose to go straight to appeal or dispute first then go to appeal. This will depend on the nature of your case. You should have received a letter setting out what benefit (if any) it has been decided you are entitled to, how much, and for what period. There should be information on why the decision has been made and you will be advised whether you can ask for a written statement of reasons. This may help you work out your grounds for challenging the decision. If you have been given this option you must receive the reasons within 14 days provided you made the request within a month of the decision. You then have one month plus 14 days in which to appeal. Disputing the decision To dispute a decision apply in writing or by the phone to the office that dealt with your benefit, asking them to reconsider the decision and setting out your reasons including any facts you feel the office failed to consider. There is a time limit of one month from the date on their letter giving the decision. If you have asked for written reasons (as above) you have one month plus 14 days to appeal. After reconsidering your case the office will advise you whether or not they have revised the original decision. The revised decision would normally take effect from the date of the original decision so you would then be entitled to any arrears of benefit that may arise. If you are dissatisfied you may be able to appeal, or, if you have new information, apply to dispute this decision – take advice. Supersession There is an alternative course of action open to the office - they could supersede the original decision. What they are saying here is that the original decision still stands for the time it was made but a new decision has been made to take into account your new situation. In other words a supersession is awarded when there has been a relevant change in circumstances. In this case you may not be due any backdated benefit. Appeals For most benefits you can appeal to a Unified Appeal Tribunal. Fill in an appeal form (supplied by the Jobcentre plus office) called GL24 – state the decision you are appealing against and why you think it is wrong, and if anyone is representing you. You can appeal by letter but you have to cover all the information asked for on the form. You must do this within one month of the decision you disagree with being sent to you Late appeals may be allowed only exceptionally – take advice. On receipt of your appeal the office concerned will check to see if the original decision should be revised. If it is revised in your favour an appeal may not then be needed. You can request that the appeal tribunal consider your case at an oral hearing – if you do, this will usually be allowed. The tribunal may decide that there should be an oral hearing anyway. They consider the arguments put by you and by the DWP, then make their decision. Finally - remember to keep copies of all correspondence you send! |
| Q I travel by bus every day but its always late or doesn't turn up at all. How do I complain? |
| A You will need to find out who the bus operator is – their name and address should appear in or on the vehicle itself, but if you’re not sure contact the Bus Information Centre, 17-19 Castle Meadow, Norwich, Tel. 0870 608 2608. Then write to the operator, giving the route number, the destination of the bus and the times and dates when the bus failed to turn up or when it was late. Alternatively if you phone the operator they may have a special complaint form which they can send you to fill in. If you want to claim compensation consult your nearest CAB first. If the operator has a Passenger Charter or a Code of Practice it may be worth asking for a copy. You can then mention this in making your complaint – even better if you can point to where you feel the operator isn’t keeping to it. If you are still dissatisfied your next step is to write to the Bus Appeals Body (BAB). Say why you think the operator hasn’t dealt with your query properly. The BAB will try to reach an amicable settlement. Failing this if they agree with your complaint they will make recommendations to the operator, and if these are ignored they will inform the Traffic Commissioner. Their address is: Bus Appeals Body (BAB) PO Box 320 Portsmouth PO5 3SD Tel: 023 9281 4493 Fax: 023 9286 3080 Another thing you could do is to check with the local authority (for Norfolk operators contact the County Council, County Hall, Customers Services, Martineau Lane, Norwich NR1 2DH, Tel. 01603 223800) to see if the bus route you are complaining about is subsidised. If it is you can complain to them. If they get enough complaints they could consider withdrawing the subsidy. Norfolk County Council are currently monitoring whether people are satisfied with their local bus service; so if you want to complain here's your chance! You should e-mail ptu.pt@Norfolk.gov.uk If you still feel you’re not getting anywhere complain to the Traffic Commissioner for your area. If they agree with your complaint they can sanction the operator. For this part of the country they can be found at: Terrington House 13-15 Hills Road Cambridge CB2 1NP Tel: 01223 358992 Fax: 01223 532110 If you need further help with complaining, or if you are trying to claim financial compensation, consult the CAB. Additionally you may receive some support from a national organisation such as Transport 2000 or the National Federation of Bus Users. Their addresses are: Transport 2000 The Impact Centre 12-18 Hoxton Street London N1 6NG Tel: 020 7613 0743 Fax: 020 7613 5280 E-mail: _info@transport2000.demon.co.uk www.transport2000.org.uk National Federation of Bus Users PO Box 320 Portsmouth PO5 3SD Tel: 023 9281 4493 Fax: 023 9286 3080 |
| Q The river where I go fishing seems polluted, lots of fish are dying and there’s brown froth on the banks. There’s a chicken farm next to it which smells really bad – who do I get to investigate if it’s them polluting the water? |
| You need to contact the Environment Agency immediately. Their emergency telephone number is 0800 80 70 60. They will assess complaints of pollution within two hours, and if they deem it to be an emergency will respond within two working hours. Otherwise they will deal with it within 24 hours. They will investigate, and report back to whomever lodged the complaint, where possible. You can also view public information about effluent into water courses that is permitted, as well as other information on controlled pollutants and chemicals in waterways in a public register, held at the Environment Agencies offices. Their east region office is: Eastern Area Office, Cobham Road, Ipswich, Suffolk, IP3 9JE (Tel 01473 727712) You could also try the Department for Environment, Food and Rural Affairs (DEFRA). Their website is www.defra.gov.uk or you can e-mail enquiries |
Disclaimer, Target Audience, Jurisdiction Last updated & checked: 16/10/2006