Below are just a few of the many questions that can be answered online at www.adviceguide.org.uk/scotland and by Citizens Advice Edinburgh.
I have just lost my job. What benefits am I entitled to?
The benefits you can get will depend on your individual circumstances.
If you are looking for work, you may be entitled to contribution-based Jobseeker’s Allowance or income-based Jobseeker’s Allowance. If you have children, you may be entitled to Child Tax Credit. If you are sick or disabled, you may be able to get Employment and Support Allowance (ESA). If you are a lone parent or a carer, you may be entitled to Income Support. You may receive help with rent and council tax by applying for Housing Benefit and Council Tax Benefit.
If you own your own home or are buying your own home and you receive Income Support, income-based Jobseeker’s Allowance, income-related ESA or Pension Credit, you can be entitled to help with your housing costs, although this may not be immediately available.
Some benefits are contribution-based. This means that the amount and type of benefit you receive depends on how many, and what type of, national insurance contributions you paid when you were working. Other benefits are means-tested. This means that an assessment will be made of what income, savings or capital you have.
For much more information see www.adviceguide.org.uk/scotland or contact us.
I receive a pension and have heard that I may be entitled to some other benefits. Where can I get more information?
Depending on your income and capital , you may be entitled to Pension Credit as well as your private pension or State Retirement Pension. If you pay rent for your accommodation, you may also be entitled to Housing Benefit. If you have to pay council tax you can also be entitled to Council Tax Benefit. Most pensioners are entitled to Winter Fuel Payments automatically every year and pensioners on Pension Credit can claim Cold Weather Payments if it gets very cold. If you are sick or disabled, you may be entitled to Disability Living Allowance or Attendance Allowance.
As a pensioner you may be entitled to free health costs, for example, free prescriptions. If you are 75 or over you can get a free television licence.
For much more information see www.adviceguide.org.uk/scotland or contact us.
Am I entitled to paid holidays?
You are entitled to a minimum of 5.6 weeks’ holiday a year. This is called statutory holiday.
To work out how many days statutory holiday you can take a year, you need to multiply 5.6 by the number of days you work in a week.
For example:
- if you work a five-day week, you are entitled to 28 days’ paid holiday a year (5.6 X 5).
- if you work 2.5 days a week, you are entitled to 14 days’ paid holiday a year (5.6 X 2.5).
The maximum amount of statutory paid holiday you can be entitled to is 28 days. This applies even if you work more than five days a week.
Your contract of employment may give you more leave than this. Part-time workers are entitled to a pro rata amount.
Some workers are not automatically entitled to statutory leave (for example, members of the armed forces or police force) and these workers have to rely on their contracts of employment for their rights to holiday.
Your employer will decide when the leave year starts and finishes – it may run from 6 April one year to 5 April the next, or it may run from 1 January to 31 December. If your leave year includes time before 1 April 2009, your entitlement will be less. It is calculated on a pro rata basis – 4.8 weeks for the period before 1 April 2009 and 5.6 weeks for the period from 1 April 2009.
For much more information see www.adviceguide.org.uk/scotland or contact us.
Can my employer dismiss me because I am pregnant?
If your employer dismisses you because of your pregnancy you could make a claim to an Employment Tribunal for automatic unfair dismissal (regardless of how long you have been employed) and also for sex discrimination.
You would need to be able to show an Employment Tribunal that the main reason for your dismissal was your pregnancy. You will need specialist help to do this. We can offer this at your local Citizen’s Advice Bureau.
For much more information see www.adviceguide.org.uk/scotland or contact us.
My debts are getting out of control and I can’t possibly pay them all. What can I do?
If you’re in debt, don’t panic. But it’s important to do something, because the problem won’t just go away. Don’t ignore calls or letters from the people you owe money to (your creditors). Contact them to explain why you’re having problems. Most organisations will be more helpful if you approach them first.
The first thing you need to do is make a list of all your creditors.
Once you’ve done this, you need to work out which ones are priority debts. A priority debt is one that could have serious consequences if unpaid. Not paying your rent or mortgage would leave you homeless, or not paying your gas or electricity bill could leave you being cut off and taken to court.
Non-priority debts are ones which have less serious consequences if you don’t pay them. They include things like overdrafts, loans, hire purchase, credit card accounts and catalogue debts. However, if you don’t pay your non-priority debts your creditors may take you to court.
When you have decided which are priority debts, work out how much you can realistically afford to pay back. To do this, you will need to make a list of all the income and expenses for your household.
Check your income and see if there are any benefits or tax credits you are entitled to that you are not getting. Look carefully at your spending and see if there is anything you are able to cut down on. For example, you could shop around for a cheaper gas or electricity provider, or look at cheaper mortgage or insurance providers.
An advice agency can help you draw up a budget and help you increase your income if this is possible.
When you’ve worked out how much you have left over after paying your expenses, contact each of your priority creditors. Show them your budget and try to make an arrangement to pay back what you owe.
If you can’t afford to pay anything to your priority creditors and your situation isn’t likely to get better, the outcome may be very serious. Get advice straight away.
How you deal with your non-priority debts will depend on whether you have any money left over from dealing with your priority debts and paying for essential household expenses like housing costs and food. If you have money to spare, you may have several options for dealing with your non-priority debts. However, if you have little or no money left, have nothing of value to sell and think your situation isn’t likely to get better, your options will be very limited.
Be very careful about taking out further loans to pay off existing debts. You may end up paying back a lot more than you borrowed and the interest rates may be extremely high. Some loans can be secured against your home and you could end up losing it if you fail to make repayments.
If you feel you cannot manage on your own, then Citizens Advice Edinburgh can help you do this.
For much more information see www.adviceguide.org.uk/scotland or contact us.
Can sheriff officers come into my house and take my possessions to pay off my debt?
This information applies to Scotland
In theory, yes. In practice, this is very rare. Before sending in sheriff officers, creditors must have tried other ways of collecting your money. They also need a court order to enter your home and seize your possessions, so it is very unlikely that this would happen.
Nevertheless, it is very important to make sure that things do not get to this stage. If your debts are getting out of hand, get help now – come and see us.
For much more information see www.adviceguide.org.uk/scotland or contact us.
How do I go about getting a divorce?
This information applies to Scotland
To get a divorce in Scotland a couple must comply with residence rules which are usually met if one or both of them have their usual home in Scotland.
There are two grounds for divorce and the court will grant a divorce if one of these two grounds is proved. The grounds are either that the marriage has irretrievably broken down or that an interim gender recognition certificate has been issued to either spouse. The irretrievable breakdown of a marriage can be established by any of the following circumstances: adultery, unreasonable behaviour, separation for one year with consent or separation for two years. An interim gender recognition certificate is issued to a transsexual person who wishes to obtain legal recognition of her/his acquired gender.
Do-it-yourself divorce is a simplified procedure which can be used if certain conditions are met. When the conditions for a do-it-yourself divorce are not met you will have to use the ordinary divorce procedure and seek assistance from a solicitor. If both partners agree to the divorce, it proceeds as an undefended divorce. The applicant and any witnesses will submit statements to the court via the solicitor and may not need to attend court.
Where there is disagreement about the grounds for the divorce, or the arrangements for the children or money, the divorce proceeds as a defended divorce and it is advisable to use a solicitor.
The costs of a divorce can vary depending on the amount of work that solicitors have to do. Legal aid can be available for people who are eligible.
For much more information see www.adviceguide.org.uk/scotland or contact us
I am in a same-sex relationship. Are there any advantages for us to register as civil partners?
This information applies to Scotland
If you register as civil partners you will immeditately gain some rights and duties, to be recognised as each other’s nearest relative, to inheritance rights and succession to any property, to maintain each other financially and to benefit from each other’s pensions if you split up or one of you dies.
If you are claiming benefits you will be treated in the same way as all couples and must claim as a couple.
For much more information see www.adviceguide.org.uk/scotland or contact us
Can I change my doctor (GP)?
This information applies to Scotland
Anyone can change their GP without giving a reason. If you have moved out of the area covered by your GP you can ask them if they are willing to continue visiting and treating you at your new address. They will have to let the local health board know that they are willing to do this.
Your local health board can provide information about how to change GPs. They can also give details of other GPs in your area. When you have found another GP who will accept you as a patient, give your medical card to the surgery for registration. It is then sent to the health board, which will send you a new card. If you have lost your medical card the surgery will have a form which is sent instead.
If you want to change doctors because you have been removed from a GP’s list, the procedure is similar to changing through choice. However, if you can’t find a GP who will accept you, the local health board can allocate a GP in your area.
For much more information see www.adviceguide.org.uk/scotland or contact us
I am coming to the UK from abroad, can I get free NHS treatment?
Free treatment is available, but not automatically for every person who enters the UK from abroad. Emergency, compulsory psychiatric, and contagious or infectious disease treatments are free. HIV diagnosis is free but treatment may not be.
As with UK residents, some NHS treatments have to be paid for (such as dentists and opticians), although help is available if you can not afford to pay. People living or working in the UK are entitled to free treatment, but so are people who may be taken ill whilst in the UK for a short stay. Some countries have an arrangement where UK residents can get free medical treatment, and residents of that country can get the same in the UK – this is called a reciprocal agreement.
If you cannot pay for NHS treatment, urgent treatment will still be carried out on the NHS, but you will have to return home for continued treatment. If the need is not urgent, NHS treatment may be offered, but not for free.
Unless you have come to the UK specifically for medical reasons, this entitlement for free treatment extends to GP services, community nurses, midwifery and ambulances, although a GP may require proof of how long you intend to stay in the UK
For much more information see www.adviceguide.org.uk/scotland or contact us
My landlord will not return my deposit. What can I do?
This information applies to Scotland
You paid a deposit to your landlord when you moved into your flat and now s/he will not return it. When the tenancy ends, the landlord or letting agency should inspect the property. S/he can make deductions if there has been any damage to the flat or the furniture, or for rent arrears, outstanding utility bills or missing items. Deductions should not be made for reasonable wear and tear.
If your landlord will not return your deposit or you disagree with how much he has deducted, you should negotiate. If this fails, then you could consider taking court action against your landlord. Your CAB can help.
For much more information see www.adviceguide.org.uk/scotland or contact us
I have been on the waiting list for a council house for ages. What can I do to speed things up?
This information applies to Scotland
All local authorities and housing associations have to keep a housing list which is a list of names of people who have applied for, and who qualify for, housing provided by the authority. The local authority must publish the details of how to apply to be registered, how properties are allocated and when names will be removed from the register.
Each local authority has its own scheme for allocating properties but the law says that some people should be given ‘reasonable preference’ for housing. This includes people who are living in overcrowded or unhealthy housing conditions, families with dependent children and people with special needs – for instance, illness or disability.
You should make sure that the local authority know about any special needs that you or other members of your household have, and let them know if your circumstances change, for instance if a new baby is born or someone in your family develops ill health.
Some local authorities will advertise empty homes in their area so that people on their waiting list can then ‘bid’ for the property they are interested in. This is called ‘Choice based lettings’. If your local authority uses this type of system for letting accommodation, they should give you information on how, when and where you can bid for accommodation.
For much more information see www.adviceguide.org.uk/scotland or contact us
My child is being bullied at school. What can I do?
This information applies to Scotland
First of all, talk to your child to hear what they have to say. Then arrange to speak to your child’s teacher. Ask whether the school has an anti-bullying policy and if you can see it.
If you are not satisfied with what the class teacher tells you, ask to see the head teacher and discuss the problem with them. If you are still not happy, you can contact the parent council (or equivalent body) or the education authority. If the bullying involves a criminal offence, for example, assault, harassment, intimidation, extortion or theft, then it should also be reported to the police.
There are several organisations which may be able to help you and your child.
For much more information see www.adviceguide.org.uk/scotland or contact us
Do shops have to give refunds for returned goods?
Goods bought from a shop must be fit for the purpose for which they were bought, match any description that is given and be of satisfactory quality. That means that goods should be what you reasonably expect them to be considering the price you paid. If these requirements are not met then you may have a legal right to reject them and get your money back. If you cannot get back to the shop for some days you should telephone and let the seller know that you have a problem with the goods and that you want to reject them and get a refund.
If you have kept an item for several weeks without properly checking it out and then discover a problem or fault, you may have difficulty in returning it and getting a refund because you would have had what is called ‘reasonable’ time to use the goods. There is no legal definition of what a ‘reasonable’ time is.
For much more information see www.adviceguide.org.uk/scotland or contact us
I have been sold a faulty car but the dealer refuses to discuss the matter – what could I do next?
If the trader will not speak to you then the next course of action you should consider is to write to the trader (remembering to keep a copy of the letter) setting out the problem and letting them know what action you would like them to take. You should allow the trader a reasonable time to respond to the letter – perhaps 14 days which will allow them to look in to the problem and to get back to you. It may be a good idea to send the letter by recorded delivery as an assurance that the letter reached the trader.
When the deadline is up, if the trader still has not made any attempt to put right the problem then you could consider taking court action against the dealer.
For much more information see www.adviceguide.org.uk/scotland or contact us
Do I have to accept a credit note for goods returned to a shop?
If you take goods back to the seller because they are of unsatisfactory quality, not fit for their purpose or do not match their description then you do not have to accept a credit note, you are within your legal rights to ask for your money back.
However, if you accept a credit note when you were entitled to your money back, you cannot later change your mind unless you can prove that you were forced to accept the credit note by the seller.
If you have taken goods back to a seller because you simply changed your mind about them, for example you did not really like the colour, then you would have no legal right to ask for your money back. If the seller is offering you a credit note in these circumstances they are doing more than is required by the law.
For much more information see www.adviceguide.org.uk/scotland or contact us
Can my fuel supplier disconnect me?
If you don’t pay your bill within 28 days from the date of the bill, you risk getting disconnected. Some suppliers may start to take action to disconnect you as early as ten working days from the date on your bill.
However, your fuel supplier can’t cut you off without sending you a disconnection notice first.
In practice, it’s unlikely you’ll be disconnected, as long as you can pay for your fuel and agree to pay something off towards the arrears.
If you do get a disconnection notice, you should contact Consumer Direct on 0845 404 0506.
If you can’t pay your bill, contact your supplier straight away. You should be offered an arrangement to pay off the arrears at a rate you can afford. If you can’t afford to pay off the arrears in this way and you want to keep your gas or electricity supply, you may have to accept the instalment of a prepayment meter.
A prepayment meter will allow you to pay a fixed amount off your arrears at the same time as paying for the fuel you’re currently using.
Some groups of customers may have extra protection from being disconnected. This may apply to you if you:
- are of pensionable age
- have long-term ill-health
- are disabled
- have severe financial problems.
If you’re in one of these groups of people, make sure the fuel company knows this when you get in touch with them.
You can find more information about the steps a fuel supplier must take before disconnecting you on the website of the consumer watchdog, Consumer Focus at: www.consumerfocus.org.uk.
The Home Heat Helpline offers advice on energy efficiency and fuel debts to low income consumers. The Helpline’s advisers can help identify where free energy efficiency measures might be available and can also ensure that vulnerable customers are not at risk of fuel supply disconnection. You can contact the Home Heat Helpline on 0800 33 66 99.
For much more information see www.adviceguide.org.uk/scotland or contact us
I’m being harassed at work because my colleagues think I’m gay. What can I do?
I am called names, and teased by my colleagues at work, because they think I am gay. 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. If you decide to make a claim to an employment tribunal, you may need to 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 much more information see www.adviceguide.org.uk/scotland or contact us
I came to the UK on a visitor’s visa and would like to stay here to do a degree. Will I be allowed to do this?
This information applies to England, Wales, Scotland and Northern Ireland
When you came to the UK, you were allowed to enter on the basis that you left the UK when your visitor’s visa ran out. Under Immigration rules, you will not be allowed to stay here to study. If you want to become a student you will have to leave the UK and re-apply to return as a student at a future date. If you stay on in the UK beyond the date of your visa you will be in breach of your conditions of entry. This is a serious offence and you can be prosecuted and deported.
UK immigration law is complex and getting it wrong has serious consequences. It is always advisable to consult a specialist adviser.
For much more information see www.adviceguide.org.uk/scotland or contact us
I need legal advice but I don’t think I can afford it, is there anything I can do?
This information applies to Scotland
Solicitors are not the only people who can provide legal advice. You may be able to get the help you need from:-
- an accountant who can advise about tax and company law
- housing advice centre
- specialist law centre
- money advice specialist
- trade union
- motoring organisation.
Citizens Advice Bureaux provide a free, comprehensive and impartial service. If you do need a solicitor you should choose one who is experienced in the appropriate area of law. You can find out who specialises in what by contacting the Law Society for Scotland.
You may be entitled to help with legal costs either from the advice and assistance scheme or civil legal aid. A solicitor in your area may operate a fixed fee interview scheme or depending on your case, it may be possible to organise a ‘no win no fee’ agreement.
If you have been charged with a criminal offence, legal aid may be available. You are automatically entitled to criminal legal aid for the first part of your case if you have been charged under solemn procedure and kept in custody.
For much more information see www.adviceguide.org.uk/scotland or contact us