Advice for older workers
Northampton and District Citizens Advice Bureau is one of the country's longest established – and next year will celebrate its 70th anniversary. This month, manager Martin Lord tackles three problems which he describes as a 'signs of the times.'
Q: I am 55 and have been passed over for a promotion at work in favour of a younger colleague with less experience. I believe I am well qualified to do this job, but my bosses think I am too old. Do I just have to accept that youth is a more attractive quality than experience in today's job market?
A: Recent legislation means that an employer is not allowed to discriminate against you because of your age.
The rules make it illegal to treat you less favourably than others, or to set conditions or ways of working that disadvantage you because of your age and cover all paid workers except for members of the armed forces.
Of course, just because the law says something is not allowed does not mean that an employer will not do it – maybe because they are not aware of their obligations. Ultimately, you may need to take the matter to an Employment Tribunal.
Your local Citizens Advice Bureau is now able to refer you to its own 'in house' legal team of specialist solicitors to advice on tactics and potentially help you prepare a complaint to Tribunal but act quickly as time limits apply.
Q: I've heard of all sorts of problems with tax credit payments in recent years and people finding themselves in debt as a result. When I contacted you recently you said I was entitled to tax credits, but I don't have any children and I thought tax credits were only for families. I don't want to claim and have to pay it all back again.
A: First things first - tax credits are not just for people with families. The system includes two elements – a Working Tax Credit and the Child Tax Credit. Based upon your circumstances, we worked out that you would be entitled to the Working Tax Credit only – hence your entitlement without having children.
As for debts caused by overpayments – well that's undoubtedly been a problem. Various changes were made to the rules to iron out some of the problems relating to overpayments but many many of the clients we see, just like you, are suspicious and worried about claiming.
Its important therefore to take independent advice about your entitlement. A skilled at advisor at your local Citizens Advice Bureau will be able to independently verify your proper level of entitlement before you claim – remember we are not part of the government.
A new service we are able to offer is available for just this purpose. Call 0844 855 2122 for details. For those who do end up in difficulties, there are steps that can be taken to mitigate the effect of an overpayment.
Q: I have been unable to work for some time because of serious health problems but my claim for incapacity benefit has been turned down following a medical. My own doctor thinks this is wrong and agrees with me that I am not capable of working. I am worried sick about what will happen to me now.
A: You should get advice about appealing. Lots of decisions by the Department for Work and Pensions (DWP) to refuse or withdraw benefits from people are wrong and are overturned on appeal. You should do this within one month of the decision.
If you appeal against a decision there are steps you can take to preserve your income whilst appealing. When you appeal, the office which made the decision will look at the decision again in case it can be changed straight away. Otherwise it will go to an appeal hearing where it will be looked at by an independent tribunal.
Preparing for an appeal can be difficult and going to a tribunal can be daunting. Your local Citizens Advice bureau is now able to refer such a matter to its own in-house team of specialist solicitors who can help you.
Fact file: Northampton CAB
Contact by phone: 0844 855 2122 – staffed 30 hours weekly (information available 24hours)
In person: 9:45am to 3pm Monday, Tuesday, Thursday, 9:45am to 12pm Wednesdays, Fridays
Appointments available (pre booked through drop in, telephone, email) Wednesday afternoon, Fridays evening
Email through: www.northamptoncab.org.uk
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Thursday 24 May 2012
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