TABLE OF CONTENTS INTRODUCTION By Professor Colin Scott, Dean of Law, UCD.
Page 5
FOREWORD By the Honourable Chief Justice Mrs. Susan Denham.
Page 6
INTRODUCTION Page 8 By Sarah O’Meara, Chairperson, UCD SLS 2011/2012. STUDENT DEBT
Page 9
PUBLIC INTEREST LAW ALLIANCE
Page 14
EMPLOYMENT RIGHTS
Page 16
CHARITY MOOT COURT
Page 18
STUDENT LEGAL INFORMATION CLINICS
Page 18
CONSUMER RIGHTS
Page 19
KNOW YOUR RIGHTS WEEK
Page 22
LANDLORD & TENANT RIGHTS
Page 23
TAX INFORMATION
Page 26
DATA PROTECTION
Page 28
EMIGRATION
Page 30
RIGHTS ON A NIGHT OUT
Page 34
ANTI-DISCRIMINATION
Page 36
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Disclaimer
The Student Legal Service assumes no responsibility for and gives no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided at clinics or in this manual and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. The members do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information data provided at the clinic. The information provided in this manual is not a complete source of information on all aspects of the law. The Student Legal Service takes no responsibility for any information or advice passed from a client to a third party. If you need professional or legal advice you should consult a suitably qualified person.
All enquiries should be directed towards: UCD Student Legal Service Box 32, UCD Student Centre, UCD, Dublin 4
Email: studentlegalservice@ucd.ie
Š University College Dublin Student Legal Service 2012
Printed in Ireland by Jaycee 3 Temple Lane, Temple Bar, Dublin 2.
Cover Design by Anita Murphy
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ACKNOWLEDGEMENTS Many Thanks to the Student Legal Service Committee and the Contributors who made this manual possible: Student Legal Service Committee: Aidan Forde Alicia GriffLn Anita Murphy Aoife MacDermott Demi Mullen Eilish McPhillips Jack Kelly Jennifer O Brien Lisa Foley Olivia Van WallagheP Patrick Fitzgerald Sarah O Meara Contributors: Aislinn O Toole David Walshe Deirdre O Reilly Gerry Liston Greg Talbot Sarah Taheny Yvanne Kennedy Manual Editors: Alicia GriffLn Anita Murphy Demi Mullen With Special Thanks to: Ms. Chief Justice Susan Denham, Dr. Fiona De Londras, Professor Colin Scott, Dr. Kevin Costello, Mr. Brian Hutchinson, Dr. Miriam Keane, Mr. Ciarรกn Ahern, Ms. Maureen Reynolds, Mr. Richard Butler, Jaycee Publishers and countless others who helped the Student Legal Service throughout the year and made this manual possible through generously sharing their time.
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The Professional Law School: The Professional Law School: *ULIĂ€WK &ROOHJH 'XEOLQ *ULIĂ€WK &ROOHJH 'XEOLQ
“If you want to pass exams do the preparatory courses at Griffith College. They break “If you to pass do the preparatory at Griffith College. breakthe down the lawwant in a way thatexams is clear, concise and easycourses to learn. They will equipThey you with down the law in a wayand thattechnique is clear, concise and easy learn. They willexam. equip Griffith you withCollege the knowledge, confidence to answer anytoquestion on the knowledge, confidence and the technique to answer question on the to exam. Griffith College lighten load and I wouldany recommend them anyone� - Gavin Clare lighten the load and I would recommend them to anyone� - Gavin Clare
7KLQNLQJ DERXW \RXU QH[W VWHS" 7KLQNLQJ DERXW \RXU QH[W VWHS" <RX VKRXOG EH WKLQNLQJ DERXW <RX VKRXOG EH WKLQNLQJ DERXW *ULIĂ&#x20AC;WK &ROOHJH *ULIĂ&#x20AC;WK &ROOHJH (YHU\ \HDU VWXGHQWV PDNH OLIH HDV\ IRU WKHPVHOYHV (YHU\ \HDU VWXGHQWV PDNH OLIH HDV\ IRU WKHPVHOYHV E\ SUHSDULQJ IRU WKHLU )( DQG .LQJV ,QQ¡V ([DPV DW E\ SUHSDULQJ IRU WKHLU )( DQG .LQJV ,QQ¡V ([DPV DW WKH 3URIHVVLRQDO /DZ 6FKRRO :K\" WKH 3URIHVVLRQDO /DZ 6FKRRO :K\" GCDisisthe theleading leading provider in t t GCD in on-line on-lineeducation, education,making makingstudy studyforforthese these examsfrom fromanywhere anywhere in the world exams worldviable. viable. GCDhas hasproduced produced more prize winners t t GCD winnersthan thanany anyother otherinstitution institution GCDhas hasaafull full team team of of practising t t GCD practisinglawyers lawyersasaslecturers lecturerswith withunrivalled unrivalled experienceofof the the professional professional exams. experience exams. GCDhas hasfantastic fantastic pricing pricing options. t t GCD options. GCDhas hasspecialised specialised manuals, manuals, exam t t GCD examsolutions solutionsand andstudy studyaids. aids. Full details at www.gcd.ie/fe1 | www.gcd.ie/kingsinns Full details at www.gcd.ie/fe1 | www.gcd.ie/kingsinns
Enrol online at www.gcd.ie Enrol online at www.gcd.ie Tel: 01 415 0462 Tel: 01 415 0462 E-mail: proflaw@gcd.ie E-mail: proflaw@gcd.ie
INTRODUCTION I am delighted to have this opportunity to introduce this important manual and to give my support to the initiative and achievements of the UCD Student Legal Service (SLS). The SLS is a very significant part of student life in the UCD School of Law and in the University more generally. From small beginnings some years ago the Society has, under a series of highly committed leaders, become a large student organisation, embracing an ever wider range of opportunities for its members and services to the wider community. These activities include providing information clinics to students, engaging with the wider public interest law community, putting on charitable events , engaging in rights awareness activities and, of course, the production of this manual. The activities of the SLS demonstrate the vitality, enterprise and commitment of law students and are indicative of a wider commitment to excellence amongst the students, staff and alumni of the School. UCD School of Law is celebrating a centenary of law graduates in 2011-12 and is looking forward to moving to the purpose-built Sutherland School of Law building in the heart of the UCD campus in 2013, bringing with it further opportunities to enhance clinical aspects of legal education at UCD. The appeal of the SLS is, I believe, that it enables students to see how the special knowledge they acquire in their studies might be of immediate use to others who have difficulties and who require information or support. The wider significance of this is that it supports students in thinking about how their knowledge can underpin opportunities to transform the situation of others, whether by giving out legal information, seeking greater awareness of rights, or taking up advocacy positions in respect of key social and economic issues which might be addressed through policy changes or through a campaign of litigation. The transformative potential of law is not always fully appreciated or remembered, or we think of it only the in the context of momentous occasions in which the civil or political rights of citizens were enhanced, often in far off places. But many students have been motivated to study law by the idea that their knowledge and experience may make a difference to our society in smaller ways. This manual exemplifies that ideal. The person facing debt issues who receives good advice to try to resolve matters with their creditors will be in a much better position to get through a difficult period than the person who, unsupported, hopes the problems will go away. A person who has been advised that they can expect satisfactory quality in products and also the remedy should those expectations are not met is less likely to be fobbed off by an opportunistic retailer. This manual is packed with good information about these and many other matters which affect students, including landlord and tenant rules and your rights when enjoying a night out. I congratulate the members of the UCD Student Legal Service on the production of this manual, and on their many other activities, in the expectation that all who read this manual will find some useful information and some interesting wider reading which will enable them also to see the transformative potential of law. Professor Colin Scott Dean of Law University College Dublin March 2012
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INTRODUCTION It is with a great sense of pride that I write my introduction to the Manual on Studentsâ&#x20AC;&#x2122; Rights 2012. As The Honourable Chief Justice Mrs. Susan Denham states in her foreword, access to law and access to legal information are a vital part of a democracy. This is the premise from which the University College Dublin Student Legal Service commences its work. The Manual, through its accessible presentation of detailed legal information on a wide range of areas affecting students, serves as a centralised focus point of all the legal information our Volunteers have amassed through their personal academic studies, SLS research, and generous advice from the lecturers of the School of Law in UCD. It has become an essential resource on the university campus, and is distributed to both incoming and continuing students throughout the academic year. The SLS, true to its Constitution, aims to promote greater awareness among students of their legal rights and entitlements, to promote innovative and progressive forms of legal education in UCD and Ireland, and to encourage volunteerism among law students in UCD. The Dean of the School of Law, Professor Colin Scott, notes importantly how SLS brings about this practical use of the legal knowledge students gain in lectures, in voluntarily channelling it into legal information clinics and publications to assist their peers as they run into disputes of legal consequence from time to time. I count myself extremely fortunate to have worked with so many SLS Volunteers this past academic year. It is with huge pride that I have chaired the SLS Committee and Service. Volunteers give so selflessly of themselves, and of their time, in seeking to bring the law and access to legal information within the reach of students of all faculties and backgrounds on the UCD campus, despite academic deadlines, sporting commitments and part-time jobs. Time and time again it is evident that the officers of the SLS are among the most talented within the School of Law, and the fact that the Student Legal Service brings them together, as volunteers, seeking to share their knowledge and use their skills and abilities for the benefit of other students, is a tremendous and encouraging feat in the consideration of the future generation of Irelandâ&#x20AC;&#x2122;s graduates and lawyers. I wish to sincerely thank The Honourable Chief Justice Mrs. Susan Denham, Dean Colin Scott, Dr. Fiona de Londras, the lecturers of the School of Law and staff of the Programme Office, who have graciously contributed in various ways to the publication of this Manual, and help keep the Service afloat with continued support all year round. The generosity of our sponsors must be noted, and their help has been instrumental in the expansion of SLS during this past academic session. Finally, I thank the SLS Committee 2011/2012, and the Manual editing committee, for the vast amounts of work they have contributed this year, for it is they who have made 2011/2012 a resounding success for the SLS. Sarah Oâ&#x20AC;&#x2122; Meara Chairperson UCD Student Legal Service 2011/2012
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KNOW YOUR RIGHTS WEEK
A Report on The PILA Conference 2012.
Blog on PILA/PILS Conference Croke Park 2011 By Alicia Griffin
As an end to Know Your Rights
PILA is a project of FLAC
Week, the Student Legal Service
(the Free Legal Aid Centre), and
organisations, community
attended the much anticipated
it was set up to promote Pro
groups and law centres. It is
first annual Public Interest Law
Bono work by lawyers, an
important in the Irish Legal
Alliance Conference, held in
endeavour that many SLS
system as it increases the
volunteers would eventually like
capacity of organisations to use
November 2011. It was entitled
to be involved in once they
law in the public interest.
“Political Commitment,
qualify as professionals. Pro
Practical Protection: Using the
Bono legal services ensure access
conjunction with PILS, the
ECHR North and South”.
to justice. As quoted by the
Public Interest Law Service
While we are all agreed that
President of the American Bar
project in Belfast, which
Know Your Rights Week was an
Association, William Robinson:
advances Human Rights and
extremely successful affair across
“Pro Bono work helps individuals in
equality in Northern Ireland
campus, the Conference
need in our communities. But it also
through the use of public
culminated in the highlight of
helps lawyers be better lawyers”. The
interest litigation to help
the week.
scheme matches expertise in law
disadvantaged and vulnerable
firms and at the Bar with specific
people.
Croke Park on the
14
11th
legal needs in non-governmental
The conference was held in
The T he P PILA ILA C Conference onfe f rence w was as the the
implementing Human impllementing the the H uman
on Prisoners’ Prisoners’ Rights Rights and and
first fi rst major major j all-island all-island gathering gathering
Rights Act first Rights A ct in the the fi rst 10 yyears ears
the ECHR the eeffect ffe f ct of tthe he EC HR in
practitioners, nonof legal legal pr actitiooners, n on-
of it itss existence Britain existence in B ritain tthat hat I
prison prison litigation. litigation. The T he
organisations, ggovernmental overnmental or rganisations,
found was foun o nd most most interesting. interesting. It w as
speakers speakers included included the the high high
llegal egal aacademics, cademics, llaw aw sstudents tudents
noted would not have noted tthat hat it w ould n ot h ave
profile profile JJoseph oseph O’ O’ Keefe Keefee
aand nd others others interested interested in tthe he
had had the the same same effect efffect if the the
BL, Dara Robinson BL, D ara R obinson
development de velopment of public public interest interest
conservative conservative Justice Jus u tice Scalia Scalia of
(Partner (Partner in the the leading leading
llaw aw in Ireland. Ireland. It It aimed aimed to to
the Supreme Court had the US U S upreme C ourt h ad
criminal criminal law law firm fir m Sheehan Sheehan
understand un derstand and and highlight highlight the the
been House been in the the H ouse of Lords. Lords.
& Partners) Partners) aand nd Chairman Chair man
practical usee of rrights rreal eal pr actical us ights
While Whili e sshe he recognised recognised that that
of the IPRT, Liam the IP RT, Lia m
under ECHR, under tthe he EC HR, R and and did just just
Lord Lord Justice Jus u tice Bingham Bingham of the the
Herrick. The Herrick. T he ssession ession
tthat. hat. I arrived arrived just ju ust as as Shami Shami
House Hou use of Lords Lords is often often
focused foc o used on contemporary contemporary
Chakrabati, C hakrabati, the the Director Director of
nicknamed nicknamed ““Human Human Rights Rights
human human rights rights abuses abuses in
Human Rights tthe he UK H uman Rig hts
Hero”, Chakrabati dismissed Hero” o ,C hakrabati dis missed
Irish Prisons Irish P risons ssuch uch as as
Organisation: began O rganisation: ‘Liberty’, ‘L Liberty’, be gan
this, but him this, b ut ccommended ommended h im on
slopping procedures slopping out pr ocedures
her must h er kkeynote eynote aaddress. dd dress. I m ust
his his “great “great response response for for o liberties liberties
and and compared compared cconditions onditio ons
aadmit dmit tthat hat I was was not not prepared prepared
and and his his passionate passionate and and
to to sstandards tandards in Northern Northern
moving ffor oor ssuch uch a m ovin ng
eloquent eloquent defence defence of the the
Ireland. Ireland.
performance pe rfoor mance laced laced with with great great
Human Hum man Rights Rights Act”. Act”. She She feels feels
humour. discussion h umourr. Her Her dis scussion of the the
that made that he he m ade it ““British British iinn
conference was byy conference w as eended nded b
Articles aapplication pplication of A rticles 8, 10,
nature”, naturre”, although although ssoo many many
concluding byy concluding rremarks emarks b
14 of the ECHR the EC HR in the the UK
others had merely others h ad rejected reje j cted it aass m erely
Michael Finucane Michael F inucane about abou ut
was insightful. w as original original aand nd in sightful.
a Eu European uropean concept. concept.
the unequal the un equal aapplication pplication n of
She Article S he rreferred eferred tto oA rticle 8 of the the
Following Foollowing the the kkeynote eynote
Subsequently, Subsequently, tthe he
the ECHR North the EC HR Nor th aand nd
ECHR EC HR as as a very very new new right right in
speech speech we we broke broke into into
South island. Hee South of our is land. H
Britain, but B ritain, b ut ssignificant ignificant in that that
groups grou ups for for o “Breakout “Breakout
closed with uplifting closed w ith aan n upl ifting
ucccessful i cchallenged it hallenged ssuccessfully f lly the the
Sessions”. was Session i s”. It I w as a vvery ery
declaration: d claration de i :
draconian dr aconian sstop top and and ssearch earch
effective manner effe f ctive m anner of
powers po wers under under Section Section 44 of
covering covering each each aarea rea of llaw aw
“’Press “’Press on’. on’. This T his slogan sloggan will wiill
Anti Terror Laws. was tthe he A nti T error La ws. It w as
that that the the Public Public Interest Interest
solve solve and and has has aalways lwaays ssolved olved tthe he
however, opinion h owever, Chakrabati’s Chakrabati’s opin ion
Law with. Law Alliance Alliance dealt dealt w ith.
problems problems ooff tthe he hhuman uman rrace”. ace”.
judiciary on the the role role of tthe he judic iary in
We We aattended ttended tthe he sseminar eminar
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Know K now Your Yoourr Rights Rights Week Week - Lisa Foley Foley This ye This year’s arr ’s ‘K ‘Know Know n wY Your our o Ri Rights ghts W Week’ eek’ (K (KYR KYR w week) eek) ttook ook pl place ace from 7-1 77-11th 1th N November ovember 201 2011. 1. T The h aaim he im of tthe he w eek w as tto o prom mote sstudents’ tudents’ llegal egal ri ghts aand nd eentitlements ntitlements aass eemployees, mployyees, ttenants enannts aand nnd cconsumers. onsumers. week was promote rights The T he S SLS LS held held information infoormattion stands stan nds in in the the Newman Newman building, building, where where our volunteers volunteers actively actively engaged engage g d with w ith other other students, students, informing informing them them about ab bout their the h ir legal legal rights rights and and telling telling g students students about abbout the the SLS SLS Legal Legal Information duuring KYR Inform ation Clinics. Clinics. Additional Additional legal legal information inform mattion clinics clinics took took place place during KYR week; week; where where SLS SLS m embers provided provided students students with with legal legal information inform mattion on their their tenant, tenannt, consumer con nsumer and annd employment employmentt issues issues members aand nnd w orked w ith sstudents tudents tto o bui ld ssolutions olutions tto o ttheir heir llegal egal probl ems. worked with build problems. T he S LS aalso lso or gaannised for a num ber of pe o ew opl orking iin n tthe he llegal egal ssphere phere tto o sspeak peak tto o sstudents tudents iin n The SLS organised number people working U CD on the the topic topic of legal legal rights: rights: UCD A nton Kieffer Kiefffer from m EIL EIL L Intercultural Intercultural Learning Learrniing came came to to speak speak to to students studeents in in UCD UCD on the thhe issue issue of o Anton ‘Ri ghts aawareness warreness tthrough hrough de velopment eeducation, duucation, w orking, vol unteering an nd iinterning nterning w ith E IL’. ‘Rights development working, volunteering and with EIL’. E IL is is ann Irish Irish nonn profit profit organisation orgaannisattion which which promotes promotes intercultural intercultural learning learrning opportunities opportunities through throuugh EIL sstudy tudy abroad, abroa b d, volunteer volunt u eer abroad, abroad, language language training, traaining, group education education programmes prrograammes and annd other other cultural cultura u l iimmersion mmersion activities activities for aabout boutt 2000 people people each each year. year. EIL EIL L offers offffers a number num mber of opportunities opportunities to to vol unteer in in human humann rights rights projects projects in in countries countri r es such such as as Ghana, Ghaanna, Argentina, Argenttina, Guatemala Guattemala and annd Nigeria. Nigeri r a. volunteer F or more more information informattion about abbout volunteering volunteering abroad ab b d with broa with EIL EIL L see see www.eilireland.org. www.eilirelannd.org. For Danielle Kennan, D anielle K ennan, a Research Research Associate Associate at at the the h United United Nations Nations Educational Educattional Scientific Scientific and annd Cultural Culturral O rgaannisattion (U UNESCO) Chi ld an nd F amily Re searrch Ce ntre, ga ve a pre ppresentation sentation tto o sstudents tude u nts onn tthe he Organisation (UNESCO) Child and Family Research Centre, gave ‘Realising Rights: rolee of U UN monitoring Danielle previously worked iissue ssue of ‘Re alising g Ri ghts: tthe he rol Nm onitoring ssystems’. ystems’. D annielle pre viously w orked aass a Re search aand nnd P olicy F ellow w ith tthe he Iri sh H uman Ri ghts Com mmission n aand nd aass pa arrt of tthe he U NH u an um Research Policy Fellow with Irish Human Rights Commission part UN Human Ri ghts Council Council at at the the United United Nations Nations in in Geneva. Gene n va. Danielle Dannielle has has worked worked in in the the Child Child and annd Family Family Rights Re search Centre Centtrre att tthe he N ational U niversity of o Ireland, Irelannd, Galway Galway since since March March 2009 and and works works Research National University pre dominanntly on the the UNESCO UNESCO Chair Chair programme progrram mme in in Children, Children, Youth Yout o h and and Civic Civic Engagement. Engagement. predominantly N oeline Blackwell, Blackwell, Director-General Director-General of Free Free Legal Legal Advice Advice Centres Centres (FLAC) (F FLAC) spoke spoke to to students students on o the the Noeline ttopic opic of ‘Ri ghts iin n tthe he purs uit of eequal qual aaccess ccess tto o jjustice’. ustice’. F LAC iiss ann iindependent ndependent hum an ri ghts ‘Rights pursuit FLAC human rights or gaannisattion dedicated dedicated tto o tthe he re alisation of eequal qual aaccess ccess tto o jjustice ustice for all. all. The The or gaannisattion campaigns campa p igns organisation realisation organisation on a ra annge of legal legal issues issues and an nd offers offfe f rs a number number of free free legal legal services services to to the the public. public. The The work work of FLAC FLAC range iiss focused focused on four main main areas: arreas: legal legal aid, aid, social social welfare, welfarre, credit credit and annd debt debt b and annd public public interest interest law. law w. For For m ore iinformation nformattion see see w ww.flac.ie more www.flac.ie The T he S Student tudent Legal Legal S Service ervice would would like like to to thank thaannk Ms. M s. B Bl ackwell, M s. K ennann aand nnd M r. K iefffer w hose Blackwell, Ms. Kennan Mr. Kieffer whose p pre sentations afforded affforded students studdents a broader broader insight insight into into the the presentations aarea ar rea of legal leggal ri gghts. Similarly, Similarl r y, the the SLS SLS would would like like to to thank thank rights. all S LS m embers w ho pa arrtticipatted iin n tthe he runni ng off K YR all SLS members who participated running KYR W eek an nd w ho ccontributed ontributed tto o tthe hhe ssuccessful uccessful prom otion of Week and who promotion sstudents’ tudents’ legal legal rights rights to to the thee rest rest of the the student student body. body.
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STUDENT STUDEN T LLEGAL EGAL A SERVICES SER RV VICES
Tax Infor mation Simplifying S implifyi y ng T Tax ax T Terms erms
IMPOR IMPORTANT RTANT TER RMS TERMS PAYE P AY YE ((PAY PAY AS A Y YOU OU EARN): EARN ): - IN INCOME COME T TAX AX AX WITHHEL WITHHELD D FFROM ROM TAXPAYER'S TA AXP PAY AY YER'S PAY PAY SLIP, SLIP P, AND PAID TO REVENUE. AN DP A AID T O REVEN UE. - DEDUCTED FROM FROM INCOME INCOME EMPLOYER PAID. BY EM PLOY YER R AS P A AID. -C CALCULATED ALCULAT TED D BY EMPLOYER EMPLOY YER AT PAY WITHHELD A TP AY DAY, DAY, WITHHEL W D AND AND PAID TO REVENUE. P AID A T O REV ENUE. - DETERM DETERMINED INED D BY AM AMOUNT OUNT EARN ED O N EA CH P AY SL IP P. EARNED ON EACH PAY SLIP. - CHARG CHARGED ED (SINGLE (SIN S GLE PERSON): P ERSON): 20% % FFOR OR FIRST FIRST !32,800 ! 32,800 (STANDARD (ST TAN ANDARD RATE RA ATE T CUT OFF OFF POINT), POINT), 41% ABOVE ABO VE THIS.
PRSI (PAY (PAY RELATED RE ELATED PRSI SOCIAL INSURANCE): INSURANCE): SOCIAL - USED FFOR OR SO SOCIAL OCIAL P AY YMENTS AN ND P ENSIONS. PAYMENTS AND PENSIONS. -P PAID AID A BY EM EMPLOYEES, PLOY YEES YEES, EMPLOYERS SELFF EM PLOY YERS & SEL EMPLOYED PERCENTAGE EM PLOY YED ASS P ERCENTAGE OFF WAGES. O WAGES. - DEDUCTED IN IN EVER EVERY RY P PAY AY SL IP P. SLIP. -N NOT OT P PAID: A AID: O ON N FFIRST IRST ! !127 127 EARNED PER WEEK,, BY EARNED P ER WEEK MEDICAL HOLDERS. MEDICAL CARD CARD HO LDERS. - EARN EARNSS EM EMPLOYEE PLOY YEE 'CREDIT/ CONTRIBUTION', CO NTRIBUTION', EST TA ABLISHING ESTABLISHING EN TITLEMENTS T T ON ON ENTITLEMENTS TO NON M EANS TESTE ED WEL FA ARE MEANS TESTED WELFARE P AY YMENTS. PAYMENTS.
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Tax Credits: Tax Credits: taken from - Reduce Red duce tax tax ta ken fr om ggross ross pay, paay, on - Granted Graanted depending depending o n personal pers onal circumstances. circumstances. - Are Are non non refundable. refundable. Unused Un ussed tax tax credits credits in in pay paay week/month w eekk/month are are carried carried fforward orward to subsequent subsequent pay pa ay period(s) p od(s) within peri within tax tax yyear ear Entitlement - Enti itlement found found by by completing co m eting fform mpl orm 12A to aapply pply ffor or yyour our Certificate off T Tax Cer rtificate o ax Credits when: Cr e its w ed hen: - sstarting tarting first first employment empl oyment iinn the sstate tate
national - na tional of of aanother nother country, co untry, lliving iving n in in Ireland,starting Ir eland,starti t ng firstt firs employment empl oymentt iinn the state state - rrecommencing ecommencing employment empl oymentt ffollowing ollowing period peri od of of unemployment unempl oymeent claimed - Can Can be cl aimed ffor or sseveral everal expenses expenses e.g. e.g. tuition tui tion fees/service fees e /service charges. cha rges. - Rent rrelief elief can can aalso lso be on ssought ought o n rrent ent paid paid in in private pri vate accommodation. accommodati t on.
USC C (UNIVERSAL (UNIVERSAL S SOCIAL OCIAL C CHARGE) HARGE): - Replacement health Replacement of of iincome ncome & hea lth h llevy. evyy. -N Not paid ot pa id ifif gross gross income income less less than thhan !10,036 !10,036 per year, year, charged this. charg r ed on on all income income once once aabove bo ove thi s. - Calculated on cumulative basis, PAYE on Tax Calcul c ated o n cum ulative ba sis, llike ike P AYE Y aand nd sshows hows o nT ax Credit Credit Certificate. Certificate.
CHARGED C HARGED G D AS AS FOLLOWS FOLLOWS 2%
First First 10,036
4%
10,036.01 - 16,016 , ,
7%
Above Ab bove 16,016
- Over Over e 70s/Medical 70s/Medical Card Card Holders Holderss pay paay 4% on on all all above above 10,036. 10,036. 0 - Charged Chaarged individually individually for for married married d couples. couples. - Deducted from pay employer, Ded ducted fr om pa ay sslip lip bbyy empl loyerr, rresponsible esponsible ssolely olely ffor or income pay. on pay inco ome they they pa ay. Details Details recorded recorded e sseparately eparately o n pa ay sslip. lip. - Not carried Not ca rried forward forward from from employment, employment, included included on on P45 P45 to give new give to ne w employer employer - Emergency Emergenncy Rate Rate 7% - Liable Liable for for collection collection where where underpayment underpa e ayment y - Capable overpayment. Contact Revenue with Capable of of rrefunding efunding iiff o verpaaym yment. Co ntact Re venue w ithh queries querries or or for for a review review of of deductions. deducctions. - Receive each tax off Receeive a USC Certificate Certificate after after ea ch ta x yyear ear & end o employment. empployment.
STUDENT LEGAL SERVICES
Starting Work for the First Time 1.Give employer your PPS number: i. Personal identification number required by public services in Ireland (format: 7 numbers, followed by 1/2 letters. ii. Obtained by contacting local Social Welfare Office or, when just arriving in Ireland, can register for PPS at local office (need proof of identity & residence in Ireland). iii. Employer can then let tax office know you started work with them. 2. Apply for Certificate of Tax Credits by filling out a form 12A (obtainable from employer or local tax office). Certificate will determine amount of tax you are required to pay. 3.You and employer will receive Certificate of Tax Credits and Standard Rate Cut off Point which sets out tax credits available. Summer Work No tax if: - Don't exceed average tax credits of !3300 (combined single person's credit & PAYE credit for year). - Fill out and update form 12A. - Updated your P45 to ensure no emergency tax. Above your tax credits, taxed at 20% rate band weekly. Therefore, taxed above 63.46 weekly. Will pay tax if gross earnings surpass !3300.
Avoiding Emergency Tax & Avoiding It If your first pay slip is taxed substantially, emergency tax was deducted because: 1. Employer not received Certificate of Tax Credits and Standard Rate Cut Off Point because Form 12A not completed and sent to relevant office. 2. Employer not received P45 Form because P45 not received when you changed jobs or not given to new employer. 3. Because you have taken a second job and failed to advertise to your District Tax Office to issue new certificates to each employer, dividing tax credits and standard rate cut off point. To avoid this, act quickly and complete necessary steps before first payday! - Starting job for first time, fill in and send away Form 12A. - Changing jobs, ensure new employer has P45 (allows them to deduct wages according to details of tax credits and cut off point until they receive Tax Credit Certificate. - Taking on a second job, advise District Tax Office to issue new certificates to each employer. Year Round Work If you work weekly for year, then taxed weekly above earnings of !70.39, at the 20% tax band unless earn above !36,400 per year. Useful Contact Details Revenue â&#x20AC;&#x201C; Irish Tax and Customs Visit: www.revenue.ie/en/contact/index.html, Access the 'Contact Locator' for information about the appropriate phone numbers and email addresses for your query.
Third Level College Fees: Tax Relief - Available at standard rate for cost of fees paid for approved course/colleges (see list www.revenue.ie). - Not available on administration/registration fees. - Can be sought for undergraduate programmes of at least two years' duration in Ireland or other EU Member State and can be used for certain foreign language & information technology courses. - Available for repeat years, where taking over one course & holding third level qualification. - Cannot be claimed on fees claimed under free fees initiative or grant schemes - Maximum available is !5,000, at standard rate of 20%.
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The T he 201 2011 11 - 2012 Committee Com mmittee
w ouuld like like to to thank thaank would sponsor: our sponsor:
their support support and and contributions contributionss throughout throughoutt the the year. year. for their
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Rights R ights O On n A Night Niight Out Out At the At the Door Door Owner O wner aand nd employees: emplloyees: No obligation obligation to to aadmit dm mit yyou ou if !" B elieve tthere here is !" Believe substantial rrisk i k of is substantial yyou ou engaging engaging in ccriminal/disorderly riminal/disorderly cconduct onduct or ccausing ausing da mage to to pr p operty damage property Not permitted per mitted tto o aadmit d it yyou dm ou if !" In toxicated to to extent extent !" Intoxicated tthat hat rreasonable easonable tto o tthink hink you you ccould ould pos posee da nger tto o yyourself/ o self/ our danger ot hers. others. !" B etween 18 aand nd 21 !" Between & do n ot sshow how some some not fform or o m of vvalid alid d ID ID.. C annot be rrefused efused entry entry Cannot !" O n nine nine grounds groun o ds set set !" On out in A nti Anti D iscrimination i Discrimination S ection Section C an rrefuse efuse alcohol alcohol if i under under Can ccertain ertain aage, ge, b ut ccannot annot but rrefuse efuse entry entry on to pr emises onto premises on ce oover ver 18 aass tthis his is age age once dis crimination. discrimination.
Bounccers (('Door 'Door Bouncers Supervisor') S upervisor'') Under Un der the the Private Private SSecurity ecurity Act SServices er vices A ct 2004 !" Must Must be is sued !" issued license by by Private Private license Security A uthority. Security Authority. !" Must Must wear wear ''clearly clearly !" visible' ID badge badge aatt visible' work. work. !" Badge Badge m ust ''clearly clearly !" must indicate the the license license indicate number' of boun cer. number' bouncer. C an use use force foorce where where Can rreasonable easonable tto: o: 1.# Protect Protect tthemselves/ hemselves/ 1.# another fr om another from actual/threatened actual/threatened in njjury or assault. assault. injury 2.# Protect Protect n ightclub 2.# nightclub owner's property property or owner's their oown wn fr om their from damage/destruction. damage/destruction. 3.# Prevent Prevent eentry ntry or 3.# remove from from the the remove premises, person person premises, whose permission per mission to to whose enter h as be en enter has been refused/withdrawn. refused/withdrawn. 4. Prevent ccommission ommission 4.## Prevent rime or br each of a ccrime breach the peace. peace. of the
In the the Nightclub Nightclub In Equal E qual SStatus tatus A Act ct ''On, On, or at at the the point point of o eentry' ntry' owner/employees owner/employees ccannot annot engage engage in prohibited proh o ibited cconduct: onduct: !" 'discrimination 'discriminatio on !" against' against' !" 'sexual 'sexual harassment harassment !" arassment of a or h harassment person', or person', !" 'permitting 'per mitting the the !" sexual h arassment or sexual harassment harassment of o a harassment person'. person'. C laims of ssuch uch conduct conduc d t Claims br ought before befoore D istrict brought District C ourt w here ssuccess uccess could could Court where gget: et: !" Compensation Compensatio on !" !" Order Order tthat hat licensee liccensee !" take a sspecific pecific ccourse ourse take ction of aaction !!"" Order Order ffor oor ttemporary emporary closure of pr emises closure premises Complaints Co mplaints !" In writing !" writing to to the the Private S Private Security ecuritty Authority Authority !" !" In good good faith, faith, not not vexatious vexatious or fr frivolous i olous iv Then ccomplainant Then omplainant h has as rright ight to to h have ave complaint complaint investigated in vestigated aand nd be h heard eard during dur ing in investigation. vestigation.
Useful Useful Contact Contact Details Detaiils The P The Private rivate S Security ecurity Authority Authority Tel: 062 31588 / 3260 Tel: 326000 Visit: Vi s i t: w www.psa.gov.ie ww.psa.gov.ie Email: iinfo@psa.gov.ie nfo@ @ppsa.gov g .iie
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Stay aware aw ware of yourr rights while while out and about! a Customer Cust omer Safety Safety Intoxicating Liq Liquor quor u Act
Il legal tto o eengage ngage in for o licensee licensee to to permit per mit Illegal in,, or for ''disorderly disorderly cconduct' onduct' pr emises, w hich is premises, which un reasonable be haviour b rson on unreasonable behaviour byy a pe person llicensed icensed pr emises w hich, in circumstances, circumstances, is premises which, llikely ikely tto o ccause ause in njur j y/fear/distress tto o aany ny ot her injury/fear/distress other pe rson on premises. premises. person A ny perpetrator perpetrator m u t lleave us eave pr emises on Any must premises llicensee icensee or Gua rda rrequest. equest. Guarda Occupiers Liabilit ty Act Liability
O ccupier lliable iable ffor oor in iinjury/damage njjury/damage on h is Occupier his pr operty if: property !!"" S Shown hown that that licensee licensee failed failed tto o ttake ake ''reasonable reasonable care care in all all the the ccircumstances' ircumstances' to to ensure ensure it did not not oc curr. occur. !!"" Y ou o are are a ''visitor': vis i itor': You !" P resent on pr emises with with !" Present premises pe r mission of licensee. licensee. permission !" W oorking on the the licensees licensees behalf. behalf. !" Working !" Y ou o have have paid paid the the n ecessary !" You necessary eentrance ntrance fe e. fee. !" If pe r mission withdrawn, withdrawn, you you !" permission ttake ake rreasonable easonable ssteps teps to to leave leave ((protection protection ccontinues). ontinues). !!"" Not aapply pply where where da mage n ot ccaused aused b damage not byy sstructural tructural sstate tate of pr emises. S till dut premises. Still dutyy of ccare are oowed wed b icensee, w hich fa ils tto o bee byy llicensee, which fails dis charged w here tthrough hrough h is oown wn discharged where his fa ult/employees fa ult, ccustomers ustomers ssuffer uffffer fault/employees fault, in njjury/damage. injury/damage.
B elongings Belongings Not pa payy for for o ccloakroom loakroom sservice ervice !" No contract con ntract aand nd n o cclaim laim on llost/ osst/ !" no damaged ccoats. oats. damaged Do pay pay for for o cloakroom cloa o kroom service service Do !" Sale of o Goods and Supply of !" Services Services Act 1980 1980 applies. applies. !" implies !" Contract Contract im plies term ter m tthat hat sservice ervic i e will will up pplied w ith due sskill, kill, ccare are aand nd be ssupplied with diligence . diligence !" Term Ter m can can be excluded/varied excluded/varied b !" byy includ ding express express term ter m to to the the contrary. con o trary. including Must be b fair fair and and reasonable reasonable aand nd Must broug ght tto o cconsumer's onsumer's a ttention. brought attention. !" Onus Onus to to pr ove fa irness aand nd !" prove fairness reason nableness on service service provider. provid der. reasonableness European !!"" Europ pean Communities (Unfair (Unfair n Terms T erms m in Consumer Contracts) Contrac cts) Regulations Regul lations 1995 1995 describe describe ''unfair' un nfair'
decisio ons, where where effect effe f ct ir revocably binds binds decisions, irrevocably consum mer to to terms ter ms where where no no real real consumer opportunity of be coming aacquainted cquaainted opportunity becoming with them them be for o e cconclusion onclusion of with before contract' i.e. i.e. need need disclaimer disclaimer displayed dissplayed contract' so consumer con nsumer can can clearly clearly see see in advance advance so ying for for o service. service. of pa paying
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Use your rights to o help you have the e best night out.
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