November CAB Advice Guide

by Geoff Ferguson

November 07, 2005

QUESTION: I’m a lesbian, unemployed and claiming benefit. I have just moved in with my new girlfriend. Someone told me that my benefit will be affected in December because of civil partnerships. It’s early days in our relationship, so we don’t want to register as civil partners, will any changes apply to me?

ANSWER: I am afraid so. The Civil Partnership Act (CPA) comes into force on 5 December. Many of the changes will be welcome, but the effects on social security, tax credits and pensions will be profound and extensive.

You will no longer be treated as a single person for benefit and tax credit claims. Even if you do not register as civil partners, for social security purposes the definition of ‘couple' will apply to you. The Social Security Contributions and Benefits Act ‘family' definition will be changed to include civil partners and those living together as if they were civil partners. Two people of the same sex will be regarded as living together as if they were civil partners in the same way that they would have been regarded as living together as husband and wife had they been opposite-sex partners. This rule has been widely criticized as intrusive and unfair, when it applied only to opposite-sex partners. It is a complex and difficult test, which is likely to present many problems when applied to same-sex couples.

However, in your situation, it does mean that you should put in a new claim as part of a couple when the changes come in, assuming you will still be entitled to claim. You do not give your girlfriend’s income, but this will obviously affect your benefit from now on. If you do not declare your relationship and it is discovered, recovery of payments may be backdated to 5 December.

If you need more help and information about your situation, go to your local CAB or visit their advice site at www.adviceguide.org.uk.

QUESTION: I have recently had a haircut and it is really terrible – not what I asked for at all. When I asked for my money back the hairdresser refused. What can I do about this? How can I stop it from happening again?

ANSWER: Unfortunately hairdressing is totally unregulated. Anyone is free to practice as a hairdresser without registration, without qualification and without training. Some hairdressers are registered with the hairdressing council, which means they are qualified to practice hairdressing. Find out if your hairdresser is registered, if he/she is not you should consider going to a registered and therefore qualified hairdresser.

If you get a haircut and it is not what you asked for you should speak to the salon proprietor, manager or senior stylist about your grievance. Tell them that you are very dissatisfied and explain clearly and calmly what is wrong, and ask how they can sort the problem out. The salon does not have to refund you, but it is responsible for putting things right. Once you have discussed the problem agree a definite outcome. If everyone gets too upset ask for the address of the salon and say that you will write to the owner. If the salon demands payment, you could ‘pay under protest’ which gives you the right to claim payment back later. If you are unable to resolve matters by discussion, you will need to decide whether you wish to take the matter further.

You can get advice on consumer issues from your local Citizens Advice Bureaux or at www.adviceguide.org.uk

The hairdressing council can be contacted on 020 8771 6205 or at www.haircouncil.org.uk

QUESTION: I am up to my eyes in debt and it is causing me a great deal of stress. I have heard that I could go bankrupt and wipe the slate clean. Is this true and would you recommend it?

ANSWER: Firstly there may be a number of options for sorting your debts out that could be better for you than going bankrupt. You should make an appointment with a debt advisor at a Citizens Advice Bureau who will be able to give you some expert advice on what may be your best option. There are advantages and disadvantages in filing for bankruptcy. The pressure is taken off you because you no longer have to deal with your creditors. An official called Official Receiver takes control of your money and property, and deals with your creditors. You will be allowed to keep household goods and a reasonable amount to live on. Normally after a year you will be able to make a fresh start and in most cases the money you owe will be written off.

However, it costs £460 to go bankrupt and while you are bankrupt you will be unable to apply for more credit. If you own your own house it will usually have to be sold and you may lose your car and any other luxury items. In some professions people who have been made bankrupt may not be able to carry on working. Bankruptcy is never private; you will be listed on the Internet and it may even be published in your local paper. Some debts such as court fines and student loans will never be written off.

If you need more help and information about your situation, go to your local CAB or visit their advice site at www.adviceguide.org.uk

QUESTION: I have been suffering nuisance from a pub near my home. Its loud music keeps me awake at night, and when people fall out of the door at closing time they use my garden as a toilet. What can I do about this?

ANSWER: You may have heard that there is a new Licensing Act, which the Government says will give greater powers to residents who want to get something done about pub problems.

From 24^th November this year, people living near troublesome pubs will be able to ask for their licences to be reviewed by the local authority. They will be able to do this at any time, so long as they can prove that the pub is causing a nuisance. This replaces the previous system of licensing, in which it was only possible to carry out such reviews once every three years or so, and licensing magistrates had little scope to take action.

However, the new Licensing Act may not be all good news for people living near pubs. The old licensing hours of (mostly) 11am to 11pm in England and Wales have been abolished, and publicans can apply for a licence to open as long as they like – even 24 hours a day (although this quite rare).

Also, in the initial stages of the Act coming into law, some residents have found that technicalities in the law have prevented them from having their objections heard. But everyone seems to be agreed that if you want to object to what is going on at your local, then you need plenty of evidence. If there is a noise nuisance, contact the Environmental health department of your local authority and they will tell you what you need to do to make a formal complaint. If drinkers from the pub are causing damage to your property, call the police – and make sure you keep details of any crime number. Most importantly of all, keep a detailed diary of any problems you experience.

The guidance to the Act advises local authorities to provide information for your local residents who want to complain about licensed premises, so ask them for help. You can also find details of how to deal with nuisance neighbours at www.adviceguide.org.uk

Advice Column contents supplied by Geoff Ferguson for the Citizens Advice Bureau

The CAB is committed to equal opportunities for everyone. We actively welcome volunteers of all ages from a wide range of different backgrounds. We have a national staff and volunteer support groups for black and disabled people, women, lesbians, gay men and bisexuals.

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