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More News...Lone parents and income supportHelp for homeowners Energy package to help with fuel bills Consumer credit changes Crisis loans and community care grants: repeat applications Disability living allowance and attendance allowance: change to method of payment Doorstep selling: extended cancellation right Employment and support allowance (ESA)Doorstep selling: extended cancellation rights Energy Performance Certificates Estate agents redress scheme Flexible working to be extended Flooding: advice Housing rights information for new migrants Identity cards for foreign nationals Pension credit, housing benefit and council tax benefit: backdating rule changes Refugee Integration and Employment Service Women's Land Army badge Travel company collapses School lunches: tighter standards »» see also...www.citizensadvice.org.uk «« CAB Says... Lone parents and income support Proposed changes to income support for lone parents will mean that lone parents with a youngest or only child aged 12 or over will no longer be able to claim income support simply on the grounds of being a lone parent. Currently, lone parents with a youngest or only child aged under 16 are entitled to claim income support. The proposed changes are likely to start at the end of November. We are unable to amend our information until the regulations are published. Lone parents receiving income support with a disability premium who have not claimed income support on the grounds of incapacity should be encouraged to do so. In order to do this, they need to claim incapacity benefit and provide medical evidence. If they satisfy the medical test for incapacity benefit, they can continue to receive income support when the rules change for lone parents. Lone parents who currently receive a disability premium with their income support are being sent letters by the Department for Work and Pensions (DWP) explaining the changes and proposing that they claim incapacity benefit if they have a health condition or disability before 27 October when employment and support allowance (ESA) is introduced. If they are eligible for incapacity benefit and do not make a claim before 27 October, they may receive less money if they claim ESA on or after 27 October instead. No new claim for incapacity benefit can be made on or after 27 October unless the claim can be linked to a previous period of entitlement. Click here to return to top of pageCAB Says... Help for homeowners A cross–government package of measures has been announced to try and support the decline in the housing market. The measures include the following provisions:- • stamp duty land tax of 1 per cent will not apply to purchases of residential property of £175,000 or less. This is effective from 3 September running for twelve months, at which stage it might be adjusted back down to the previous level of £125,000 • income support for mortgage interest will be reformed by reducing the waiting period before payment from 39 weeks to 13 weeks for new working age claims. The capital limit for new working age claims will also be increased to £175,000. • Further measures which will apply in England include: • the introduction of a new shared equity scheme called HomeBuy Direct where buyers will be offered an equity loan of up to 30 per cent of the value of the property. The loan will be interest-free for five years and will be co-funded by the government and the housing developer • the establishment of a mortgage rescue scheme targeted specifically at families who can no longer afford repayments and who would be eligible for homelessness assistance • an advance of funding for social housing providers to build more homes over the next 18 months. Information about these measures is available on the Department for Communities and Local Government website at www.communities.gov.uk. Click here to return to top of page CAB Says... Energy package to help with fuel bills The government has announced a package of measures to help households save money on their energy bills. The measures include: • all households qualifying for at least 50 per cent off loft and cavity wall insulation. The elderly and low income households qualify at no cost • an increase in cold weather payments from £8.50 to £25 per week if there is a severe winter • more funds for the Warm Front home energy efficiency scheme in England, which provides grants to help cover the costs of home insulation and improving energy efficiency. The government has set up a dedicated helpline which people can ring to find out more about the support available. The helpline number is 0800 512 012
CAB Says... Consumer credit changes From 1 October, changes to the Consumer Credit Act 1974 mean that a credit provider must serve a 'notice of sums in arrears' on anyone who has fallen behind with repayments under a credit agreement. In the case of an agreement for a fixed amount, the notice must be sent if the equivalent of two months' payments have been missed and, in the case of a running account credit agreement, for example, a store card, a notice must be sent if the last two required payments have been wholly or partly missed. A credit provider must also serve a 'default sum notice' whenever a default sum becomes due under a credit agreement. Credit providers who fail to serve the correct notice at the correct time will be unable to take further action to enforce the credit agreement until they have complied with the rules. From 1 October, a person who has received a notice of sums in arrears can apply to court for a time order even though the credit provider has taken no further action to enforce the credit agreement. Click here to return to top of page CAB Says... Crisis loans and community care grants: repeat applications The time limit for repeat applications for crisis loans and community care grants has been reduced from 26 weeks to 28 days. This means that where an award has been made or an application refused, no further application will be considered for the same expense for 28 days unless there has been a relevant change of circumstances. Click here to return to top of page CAB Says... Disability living allowance and attendance allowance: change to method of payment From 4 August, the Department for Work and Pensions (DWP) has begun changing the way disability living allowance (DLA) and attendance allowance (AA) are paid to some claimants. Where claimants have one benefit or pension paid by cheque and another direct into their bank or building society account, they will receive a letter telling them that unless they contact the DWP's Customer Conversion Management Service within four weeks of the date of the letter, both their payments will be converted into payments into their bank or building society account. For queries about this change you should contact the DWP's Disability and Carers Service. Click here to return to top of page CAB Says... Doorstep selling: extended cancellation rights From 1 October, the Cancellation of Contracts Made in a Consumer's Home or Place of Work etc. Regulations 2008 will extend the current rules on cooling-off periods and cancellation rights for consumers who buy goods or services at home or at other sites away from trade premises. A consumer will be able to cancel a contract for goods or services costing more than £35 within seven calendar days, irrespective of whether the visit by the trader was solicited or unsolicited. At present, cancellation rights do not apply if the visit was solicited. This means that many consumers are left unable to cancel a contract. The regulations cover contracts for home improvements and maintenance, as well as contracts for the supply of most other goods or services, including mobility or disability aids and household and personal items. Energy suppliers are also covered. The regulations require cancellation rights to be clearly and prominently displayed in any written contract or provided in writing if there is no written contract. A business that does not comply with the regulations will be unable to enforce the contract against the consumer. Click here to return to top of page CAB Says... Employment and support allowance (ESA) From 27 October, for new claimants only, Employment and Eupport Allowance (ESA) replaces incapacity benefit and income support claimed on the grounds of disability and incapacity. ESA may be contributory or income-related and claimants may be entitled to one or the other or both. There are two phases of ESA. The first phase is the assessment phase and will usually last 13 weeks. During this phase there will be a number of assessments collectively known as the work capability assessment. If following these assessments, a claimant is found to have limited capability for work, the claimant will move into the main phase of ESA and will receive an additional amount of money known as a component. Click here to return to top of page CAB Says... Energy Performance Certificates From 1 October, an Energy Performance Certificate (EPC) is required for all new lets of self-contained accommodation in the social and private rented sectors. The purpose of the EPC is to show prospective tenants the energy performance of the property they are considering renting. It will be accompanied by a recommendation report that shows how energy efficiency can be improved in the property, but there is no statutory requirement for a landlord to carry out any of the recommendations. A certificate must be provided free of charge and at the earliest opportunity by the landlord (or their agent). Where a landlord fails to provide an EPC to a tenant/prospective tenant, local trading standards can issue a notice with a penalty charge of £200 per dwelling. The Department for Communities and Local Government has published a tenant’s guide which is available on its website at www.communities.gov.uk Click here to return to top of page CAB Says... Estate agents redress scheme From 1 October, all estate agents must belong to an Office of Fair Trading (OFT) approved redress scheme covering complaints related to the buying and selling of residential property. This means that buyers and sellers will be able to refer complaints to an ombudsman who will have the power to make a range of awards, including requiring a member to pay compensation. The ombudsman's decision is binding on the estate agent, but a complainant can reject it and pursue their complaint through the courts. The OFT has so far approved schemes operated by the Ombudsman for Estate Agents and the Surveyors Ombudsman Service. Agents who refuse to join a scheme can be fined by trading standards and risk regulatory action by the OFT. Click here to return to top of page CAB Says... Flexible working to be extended In May, the government announced that it proposes to increase the age of children whose parents can ask for flexible working. The right to ask for flexible working will become available to working parents with a child aged under 16. Currently, it is available to those with children aged under six, or aged under 18 and have a disability. Certain carers of adults can also ask for flexible working. Consultation is taking place on these proposals with a view to introducing them in April 2009. The consultation also proposes to remove the requirement for an employer to confirm in writing that the employer has agreed to give the employee flexible working provisions. Note that this still only relates to a right to ask for flexible working – it does not give a right to flexible working. If an employer refuses an employee the right to flexible working, the employee may either make a claim to an employment tribunal against the refusal, in very limited circumstances, or make a claim for sex discrimination. Click here to return to top of page CAB Says... Flooding: advice People affected by flooding may need advice on a number of issues as follows. Homeowners should ring their buildings and contents insurance policy company to find out about repairs and replacements for damaged items and to get help with alternative accommodation. Clients who rent their house should contact their landlord and contents insurance company to get help with repairs and alternative accommodation. Clients may also be entitled to homeless assistance from their local authority if their property has become uninhabitable. Clients may also be able to apply for a crisis loan to help with emergency expenses and in exceptional circumstances a community care grant. Clients can contact the Environment Agency helpline Floodline on 0845 988 1188 for practical advice and information on what to do before, during and after flooding. The Environment Agency also produce a useful practical guide on recovering from a flood which can be found on their website at www.environment-agency.gov.uk. The Environmental Agency flood warning website at www.environment-agency.gov.uk is updated every 15 minutes, and provides current information on flood alerts across England and Wales. Click here to return to top of page CAB Says... Housing rights information for new migrants A new website has been launched to help new migrants in England and their advisers with queries relating to housing rights. The website includes guidance on eligibility for social housing and related welfare benefits. It has sections relating to different types of migrants, including refugees, EEA workers, A8 and A2 nationals, and people who have arrived in England to join a partner but where the relationship has broken down because of domestic violence. The website has been set up by the Chartered Institute of Housing and the Housing Associations' Charitable Trust. It is called the Housing Rights Information and the address is www.housing-rights.info Click here to return to top of page CAB Says... Identity cards for foreign nationals From 25 November, the UK Border Agency (UKBA) will begin issuing identity cards to non-EEA nationals who apply for further leave to remain under the student and marriage or civil partnership categories. The identity card will contain the individual's photograph and fingerprints. It will provide evidence of people's nationality, identity and status in the UK and can be used to check whether someone has the right to work or is entitled to study or access public funds. UKBA will provide guidance on checking the validity of identity cards in September. This is the first part of the government's National Identity Scheme which will be rolled out to all foreign nationals over the next three years. Further information about the identity card scheme for foreign nationals is available on the UKBA website at www.ukba.homeoffice.gov.uk Click here to return to top of page CAB Says... Pension credit, housing benefit and council tax benefit: backdating rule changes From 6 October, the time limit for a claimant aged 60 or over to make a backdated claim for pension credit, housing benefit or council tax benefit is reduced from twelve months to three months. The time limit for a claimant aged under 60 to make a backdated claim for housing benefit or council tax benefit is reduced from 52 weeks to six months. Click here to return to top of page CAB Says... Refugee Integration and Employment Service The Refugee Integration and Employment Service (RIES) will start work on 1 October. It will be available to anyone over 18 who has been granted refugee status or humanitarian protection. RIES will offer: • advice and support offering help in addressing initial critical needs such as housing, education and access to benefits; • an employment advice service to help the person enter long-term employment at the earliest opportunity; • a mentoring service offering the person an opportunity to be matched with a mentor. Within a few days of being granted refugee status or humanitarian protection, the person will be referred to a personal case manager who will develop an integration plan and help the person meet urgent needs. Support will last for twelve months. RIES providers have been selected as follows: North West: Refugee Action Click here to return to top of page CAB Says... Women's Land Army badge Members of the Women's Land Army and Women's Timber Corps who served in the First or Second World Wars can apply for a badge to commemorate their service. More information about the badge can be found on the Department for the Environment, Food and Rural Affairs (DEFRA) website at www.defra.gov.uk. This has a link to an application form. Forms can also be obtained by writing to: DEFRA, 5E Millbank, c/o 17 Smith Square, London SW1P 3JR, e-mailing womenslandarmy@defra.gsi.gov.uk, or ringing the DEFRA helpline on 08459 335577 Click here to return to top of page CAB Says... Travel company collapses A number of travel companies in the XL Leisure Group went into administration on 12 September. Administrators are now dealing with the companies' affairs. Clients who booked a holiday or flight with one of XL's four subsidiaries - Aspire Holidays, Freedom Flights, Kosmar Villa Holidays and The Really Great Holiday Company - are protected under the ATOL bonding scheme. This means that they will receive a full refund or will be offered an alternative holiday. Clients who booked a flight only, through XL.com or the XL callcentre, or who booked through Medlife Hotels, will not qualify for a refund from ATOL. Under section 75 of the Consumer Credit Act 1974, they should be able to obtain a refund if they paid by credit card and they should contact their credit card provider. If they used a VISA debit card, they should also be protected through VISA's chargeback scheme and should contact their bank. Clients who used a different debit card are unlikely to be protected but should still contact their bank. Clients should also check their travel insurance, but most policies do not cover travel company failures. Clients, who are unable to claim a full refund through ATOL, or through their credit or debit card provider or travel insurer, become creditors of XL but are very unlikely to receive a full refund. They should contact the administrators. More information, including details of how to make a claim under the ATOL scheme, is available on the ATOL website at www.atol.org.uk. The helpline number for the XL administrators is 0800 068 8991. Click here to return to top of page CAB Says... School lunches: tighter standards From September, the government's nutrient-based standards for school lunches come into force for primary schools. The standards specify the maximum fat, saturated fat, sugar and salt and the minimum carbohydrate, protein, fibre, vitamin A, vitamin C, folate, calcium, iron and zinc of an average school lunch. School lunches and other food sold or served throughout the day already have to meet certain food-based standards. Further information about nutrient-based and food-based standards is available on the School Food Trust website at www.schoolfoodtrust.org.uk Click here to return to top of page Annual Report Now Available For Download...
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