Blanchardstown & Dublin 15 Citizens Information Centre
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Know your Rights: August 2011

Replacing a lost passport

Q. I cannot find my passport but I will need it next month. How do I replace it?

You cannot replace your old passport. You will have to apply for a new one. To apply for a new passport, you must complete application form APS 1. You will find these forms at every Garda station and at any post office that displays the "Service Plus" logo.

You must give the circumstances of the loss of your passport in Section 6 of the form. The completed form must be witnessed and countersigned by a member of the Garda Síochána who must also sign and stamp Section 6.

You must include four recent identical photographs of yourself with the application. The photographs must conform to the Passport Office photograph guidelines which are available online at passport.ie . Two of these should be signed on the back by the garda who witnessed the application form. The garda should also write the form number shown in Section 9 of the application form on those two photographs.

You also need to include the following with your application:

* Your birth certificate

* Your marriage certificate, if appropriate

* Evidence of your entitlement to Irish citizenship, where applicable

* A form of photo-identification, such as your driving licence, work ID, student card, social club membership, passport from another country

* Documentary evidence to show use of your name, such as payslips, records of unemployment or disability payment, bank statement, college registration

* Evidence of residency at the application address, such as utility bills, official correspondence from public or private sector

* The appropriate fee

You are encouraged to use An Post’s Passport Express service which aims to deliver passports within 10 working days. You will pay a fee of €88.50 for a standard 10-year passport using Passport Express which includes postage to and from the Passport Office. If you go direct to the Passport Office or use ordinary or registered post the passport fee is €95.

Further information is available from the Citizens Information Centre below.
Know Your Rights has been compiled by Blanchardstown/D15 Citizens Information Service which provides a free and confidential service to the public. Tel: 0761 075060 Address: Westend Office Park, Snugborough Road Ext, Blanchardstown.
Information is also available online at citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121.

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Student Grant Scheme

Q. I’m hoping to go to college this year. Can I get a maintenance grant?

A new single Student Grant Scheme has been introduced for courses starting in autumn 2011. The new scheme replaces the four main support schemes for students, such as the Higher Education Grants Scheme.

Student grants are divided into two classes – maintenance grants and fee grants. A maintenance grant is a contribution towards the student’s living costs. To qualify for a maintenance grant, you must fulfil the conditions of the scheme as regards nationality, residence and means. Disadvantaged students can qualify for a special rate of maintenance grant.

A fee grant can cover all or part of the tuition fee (if any), the student contribution and the cost of essential field trips. If you qualify for a maintenance grant you qualify for a fee grant. If you do not qualify for a maintenance grant due to the residence condition, you may still qualify for a fee grant.

The means test for a student grant in 2011/2012 is based on your family's income for the previous full tax year (2010). Some social welfare payments are excluded from 'reckonable income' for the purposes of the means test.

Changes in grant rates become effective in January at the beginning of the financial year. If you live 45 kilometres (24 under previous schemes) or less from the college you will attend, you will be paid an adjacent rate of maintenance grant. Otherwise a higher non-adjacent rate will apply.

You apply for a student grant to the local authority or vocational education committee (VEC) in the area where you live. If you plan to attend a Post-Leaving Certificate (PLC) course or institute of technology, apply to your VEC. Otherwise apply to your local authority. The closing date for applications is 31 August 2011.

You can apply online to a number of local authorities and VECs at the studentfinance.ie website. Alternatively, you can download the application form. Application forms are also available from your local authority or VEC.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Blanchardstown/D15 Citizens Information Service which provides a free and confidential service to the public. Tel: 0761 075060 Address: Westend Office Park, Snugborough Road Ext, Blanchardstown.
Information is also available online at www.citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121.

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Package holiday rights

Q. We have just returned from a package holiday in Spain. Unfortunately our accommodation was poor and not as described in the brochure. How do I make a complaint and get our money back?

The Package Holidays and Travel Trade Act 1995 gives you a certain level of protection if your package holiday is not satisfactory. Also, you should have been given a copy of your holiday contract's terms and conditions. This will outline how to make a complaint.

A package holiday is defined as a pre-arranged holiday that is sold at an inclusive price and covers a period of at least 24 hours or overnight accommodation, and is made up of a combination of at least two of the following:

* Transport

* Accommodation

* Other tourist services or activities that account for a significant proportion of the package, such as golf

You are entitled to compensation if you suffer financial loss as a result of relying on the information given to you about your package holiday. You can also claim compensation if you are disappointed with the quality of the holiday.

If the brochure was inaccurate, or things go wrong during the holiday itself, you should make a complaint to the local tour representative or operator. If you return from your holiday and your complaint has not been resolved, you must lodge a complaint in writing with the tour operator within 28 days.

If you are not satisfied with the response, you can take your complaint to the Small Claims Court providing your claim is for €2,000 or less. Most package holiday contracts state that claims above this limit may be pursued through arbitration.

Further information is available from the Citizens Information Centre below.

Know Your Rights has been compiled by Blanchardstown/D15 Citizens Information Service which provides a free and confidential service to the public. Tel: 0761 075060 Address: Westend Office Park, Snugborough Road Ext, Blanchardstown.
Information is also available online at www.citizensinformation.ie and from the Citizens Information Phone Service, Lo-call 1890 777 121.

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Broken engagements and gifts

Q. If a couple who were engaged to marry end the engagement, what happens to any wedding gifts they may have received?

The Family Law Act 1981 covers what should happen to wedding gifts if an engagement ends. It allows for legal action following a broken engagement where there is a dispute over property or finances between the couple or involving a third party.

If you are engaged and you give gifts (including an engagement ring) to each other, it is presumed that they are given on the condition that the gifts will be returned (if the donor requests) should the engagement end. If one of you dies, however, it is presumed that the gifts the deceased gave were given without any conditions, so the survivor can keep the gifts.

Where someone gives an engaged couple or one of you a wedding gift, it is presumed (unless there is evidence to the contrary), that it is given to both of you as joint owners. It is also presumed that the gift will be returned (if the donor requests) should your engagement end and the marriage does not take place for any reason. This includes where one of you dies.

Where your engagement has ended and you have incurred substantial expenses in preparation for the marriage, you may apply to the courts for compensation from your ex-fiancé(e) providing you have not benefited from the expense. These expenses might include, for example, expenses incurred in booking the wedding reception or honeymoon. A third party (such as, a family member or friend), who similarly incurs substantial expenditure in preparation for the marriage on behalf of one of you, and has not benefited, may also apply to the courts for compensation.

Under Section 44 of the Family Law (Divorce) Act 1996, disputes about property between a couple whose engagement has ended are treated in the same way as disputes between a married couple who are separating or divorcing. This only applies to property in which either or both of you had a beneficial interest while you were engaged. It does not apply to property acquired after your engagement ended.

Further information is available from the Citizens Information Centre below.

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