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Social welfare (Legal) Assistance?

  • 28-07-2018 4:24am
    #1
    Registered Users, Registered Users 2 Posts: 131 ✭✭


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Comments

  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    I’d imagine that this is a long complicated story with lots of misunderstandings along the way. There’s no such thing as “sick Benefit” for a start. Am I to assume that your parent applied for Disability Allowance at some stage (means tested) but then after that was in a position to build a house/es to gift to adult children?


  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    Call the Law Society and they will give you a list. They won't give you a recommendation, but a list. You can call them yourself then.

    In my view, you may unfortunately find you haven't a leg to stand on. There are going to be significant financial implications here for the parents, and a right mess when they go as regards that house. You may be in for a surprise. Not permitted to give you advice here on boards but go to a solicitor, lay it all out on the table, and listen.

    Make sure you are sitting down. And check whatever solicitor you dealt with on this house build has professional indemnity insurance.


  • Posts: 5,121 ✭✭✭ [Deleted User]


    Any solicitor should be able to help with the ownership issue - it shouldn't be be left to citizens advice.

    If they are correct you and your parents are in a legal mess that needs to be sorted out - it will take time and money.


  • Registered Users, Registered Users 2 Posts: 131 ✭✭Tony Almeida


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  • Registered Users, Registered Users 2 Posts: 131 ✭✭Tony Almeida


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  • Registered Users, Registered Users 2 Posts: 5,245 ✭✭✭myshirt


    Tony, I'd stop now. You are hitting at least 3 areas of tax there. Penalties, interest, the lot. Ring the law society and get a panel list. You don't need cash to change hands for a tax liability, it can be on the fair value of the work put in. And where the person doing it is related to you the number calculated by Revenue is 'at arms length'. Basically they'll ask tradespeople in a different county what they'd charge. The kick in the stones from the penalties could be as bad as the tax itself in these things. This isn't 1950's Ireland run on a nod and a wink. It's a modern economy. We all have to play by the rules whether it's Dublin or Kerry.

    If you ever owe Revenue money they can have your income garnished. Get professional advice.


  • Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    No - the parents weren't in a position to build the house. The children paid for the houses to be built (namely the materials) and extended family assisted in the construction of it. No financial benefit of any kind went from parents to children, aside from the land upon which it was built I guess.

    I would have thought that this was very normal, kids building houses on parents land. I've never heard of those houses then being taken into consideration against welfare of the parents. The legalities were never formalised, since there was no pressing need to do so. Besides the legalities cost money and the houses were the most important thing to be built - they aren't even finished yet, 4 years later.

    Yourself your siblings and your parents appear to have been operating under a complete misapprehension about SW.
    I do believe that there was no intent to defraud the state but nonetheless you must understand that the state is obliged to go to every avenue to reclaim any monies that your parents received that they weren’t entitled to.
    They can and will and do bring these cases to court with increasing regularity now.
    Take myshirts excellent advice and ring the law society for a list of solicitors in your area. Sit down and ring each one till you find one. This matter is quite urgent and needs attention immediately .


  • Closed Accounts Posts: 1,841 ✭✭✭Squatter



    Any solicitor should be able to help with the ownership issue - it shouldn't be be left to citizens advice.

    It can't be - Citizens Information (Citizens Advice are the UK crowd!) aren't qualified to give legal advice, although they can arrange a FLAC referral.


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