Supports and information

for the self-employed

Self-employment
and means tests?

Jobseeker’s Going back to

Allowance? education?

Tax?
Supports for
setting up a Universal
business? Social Charge? PRSI and
pensions?
Supports and
information for
the self-employed
When you become self-employed it means you are carrying
on your own business rather than working for an employer.
This means that you are in control of what you do and you are
responsible for paying your own tax and PRSI contributions.
However in some cases, self-employment does not provide a
regular income and, in particular, social welfare supports and
pensions differ for self-employed people.
During the economic downturn many self-employed people have
visited Citizens Information Services with questions about their
entitlements following a fall-off in business and a reduction in
their income. This guide aims to answer many of these questions.
You can also visit selfemployedsupports.ie to find out more
about supports for self-employed people.
February 2012

This leaflet is published by the Citizens Information Board.

The Citizens Information Board is the national agency
responsible for supporting the provision of information,
advice and advocacy on social and civil services. You can get
information on your rights, entitlements and available services
at citizensinformation.ie. You can also get information on all
the topics covered in this guide from the network of Citizens
Information Centres and from the national Citizens Information
Phone Service on 0761 07 4000.
 Contents

Types of self-employment 2

Am I really self-employed? 3

How do I pay tax? 5

What social insurance contributions do I pay? 6

What is the Universal Social Charge? 8

I am no longer earning enough from

self-employment - what help can I get? 10
Jobseeker’s Benefit 10
Jobseeker’s Allowance 11
Supplementary Welfare Allowance 15

What about PRSI credits and voluntary contributions? 18

What about self-employment supports? 20

What about going back to education or training? 24

Dealing with debt for small business owners 25

Court procedures 26
Debts to Revenue 27
Bankruptcy 27

Useful addresses 29

Supports and information for the self-employed 1

 Types of self-employment

You can run a business as a sole trader, as a partnership or

as a limited company. This booklet focuses on issues facing
sole traders since this is the most common structure for self-
employed people.

Sole trader: It is relatively simple to set up as a sole trader

but if your business fails, your personal assets could be used
to pay your creditors. Your main legal obligation is that you
must register as a self-employed person with the Revenue
Commissioners (see ‘How do I pay tax’ below). If you wish to
use a business name you must register your business name
with the Companies Registration Office.

Partnership: This is where two or more people agree to run

a business in partnership with each other. The partnership
agreement should be drawn up by a solicitor. The partners are
jointly responsible for running the business and if it fails all
partners are jointly responsible for any debts.

Limited company: If you set up your business as a limited

company, the business is a separate legal entity. If the company
gets into debt, the creditors generally only have a claim on the
assets of the company. The company must be registered with
the Companies Registration Office (CRO). The company must
also meet certain legal obligations including making annual
returns to the CRO each year.

There is more information about these different structures on the

CRO website, cro.ie.

2 Supports and information for the self-employed

 Q> Am I really self-employed?

Employers engage people on either contracts of service or

contracts for services. Only people engaged under a contract of
service are employees and therefore protected by the full range
of employment legislation. An independent contractor or self-
employed person will have a contract for services – which means
that they perform the service in return for payment. The distinction
between the two types of contract is sometimes unclear and in law
you may be considered an employee even if you have agreed with a
business to do work for it on a self-employed basis or if a business
insists that you are not an employee.
In some cases people who considered themselves self-employed
have been found to be employees by the Scope Section of the
Department of Social Protection or by the Revenue Commissioners.
This means that they are entitled to all the protections given to
employees (such as redundancy and Jobseeker’s Benefit). Self-
employed people are not entitled to these protections. If you
are unsure about your employment status you can consider the
following questions when trying to clarify your position.
You are probably self-employed if you:
»» Run your own business and take responsibility for its success
or failure
»» Have several customers at the same time
»» Can decide how, when and where you do your work
»» Are free to hire other people to do the work for you or help you
at your own expense
»» Provide the main items of equipment to do your work
You are probably employed if you:
»» Have to do the work yourself and are supplied with the
materials and equipment to do the work

Supports and information for the self-employed 3

 »» Are under the control of one person at a time who directs how,
when and where you do your work
»» Have to work a set amount of hours and are paid a regular
amount according to the hours you work
»» Get paid for working overtime and for sick leave and holidays
»» Have PAYE and PRSI deducted directly from your payment
There is a Code of Practice for Determining Employment or Self-
Employment Status of Individuals which expands on the differences
between employment and self-employment in detail (available on
welfare.ie). You should note that statements in contracts such as
“You are deemed to be an independent contractor” or “You are
not an employee of this company” are not contractual terms. This
means that they are not relevant when deciding whether a person
is self-employed or an employee.
You can also be employed and self-employed at the same
time, perhaps by working for an employer during the day and
running your own business in the evenings. See page 7 for more
information on how you pay PRSI in this situation.
If you are unsure as to whether you are employed or self-
employed you can contact your local Revenue Office or the
Scope Section of the Department of Social Protection. They will
consider the facts and provide a written decision about your
status. In general a decision by one Department will be accepted
by another. However this is not always the case so you should get
a decision from both if there is any doubt.
Scope Section
Department of Social Protection
Oisin House
212-213 Pearse Street
Dublin 2
t (01) 673 2585
welfare.ie

4 Supports and information for the self-employed

 Q> How do I pay tax?

The main legal obligation when becoming self-employed is that

you must register as a self-employed person with the Revenue
Commissioners.
As a self-employed person you pay tax under the self-assessment
system. This means that you pay Preliminary Tax (an estimate of
tax due) on or before 31 October each year and make a tax return
for the previous year not later than 31 October (or 16 November
if you file your tax return online using Revenue’s Online Service -
ros.ie) following the end of the tax year.
Revenue will assess your liability for income tax, PRSI and the
Universal Social Charge based on the information supplied by you
and any amounts that you owe are paid directly to Revenue.
You must keep proper records which include:
»» All purchases and sales of goods and services and
»» All amounts received and all amounts paid out
You must keep supporting records (for example, invoices, bank
and building society statements, cheque stubs and receipts).
You can claim certain business expenses against tax as well as
contributions to your personal pension (up to certain limits).

More information…
You can find more information on self-employment in the
Revenue booklets IT 10 A Guide to Self Assessment and IT 48
Starting in Business. You must register for Value Added Tax
(VAT) if your annual turnover is more than or is likely to be
more than €75,000 for supply of goods or €37,500 for supply
of service. You will find more detailed information on self-
employment and your obligations on the Revenue website,
revenue.ie

Supports and information for the self-employed 5

 Q> W
 hat social insurance
contributions do I pay?

Pay Related Social Insurance (PRSI) contributions are deducted

from your income and used to fund social insurance payments
(for example, State pensions). There are different rates of PRSI for
different categories. If you are self-employed, you pay PRSI at a
lower rate called Class S. (Most employees pay Class A PRSI.) The
Class S rate is 4% which is the same as the employee rate of PRSI.
However, employers also pay PRSI for their employees so the total
paid on behalf of employees is much more than the total paid by a
self-employed person.
Class S contributions only cover you for a limited number of
payments. In general they do not cover you for any short-term
payments including illness and disability payments. They do not cover
you for Jobseeker’s Benefit (which is based on PRSI contributions and
is not means-tested). Class S contributions entitle you to:
»» Widow’s/Widower’s/Surviving Civil Partner’s Contributory Pension
»» Guardian’s (Contributory) Payment
»» State Pension (Contributory)
»» Maternity /Adoptive Benefit
»» Standard Bereavement Grant
You pay Class S PRSI contributions at 4% on all your self-
employed income. Not all of your income is reckonable for Class S
PRSI. If you earn less than €5,000 from self-employment in a year
you are exempt from paying Class S PRSI.

6 Supports and information for the self-employed

 Some people who may consider themselves self-employed are
actually exempt from Class S PRSI. This means that they have
no entitlement to the benefits paid to people who have paid
Class S contributions. For example, you do not have to pay Class
S PRSI if you are what is known as a prescribed relative of the
business owner and help in the business but are not a partner in
the business. Spouses, civil partners, parents and children of the
business owner are prescribed relatives.

I have income from investments. Do I have to pay Class S PRSI on

this income?

Income from investments or rents can be treated differently

depending on any other sources of income you have.
If you do not work and therefore have no earned employment
income, you may have to pay Class S contributions on your
unearned income (such as income from investments, rent or
maintenance payments).
If you work and pay Class A PRSI you do not have to pay Class
S PRSI on any unearned income you may have. However you
must pay Class S PRSI for any earned self-employment income –
perhaps from consultancy or freelance work.
Public servants who pay PRSI at Class B, C or D do not pay any
PRSI on self-employed income whether it is earned or unearned.

Supports and information for the self-employed 7

 More information…
You must register with the Revenue Commissioners for Class S
PRSI. The Department of Social Protection (DSP) has published
a leaflet PRSI for the Self-Employed (SW74).
If you have worked as an employee any time in the last four
years, you may have paid Class A PRSI and can apply for
Jobseeker’s Benefit. You can contact your Social Welfare Local
Office or the DSP’s PRSI Records section find out whether you
have enough Class A contributions to get Jobseeker’s Benefit.

PRSI Records Self-Employment Section

Department of Social Protection Department of Social
McCarter’s Road Protection
Ardarvan Cork Road
Buncrana Waterford
Donegal t (051) 356 000 or
t (01) 471 5898 (01) 704 3000
Lo-call:1890 690 690 e selfemployment@welfare.ie
welfare.ie welfare.ie

Q> W
 hat is the Universal
Social Charge?

The Universal Social Charge is a new tax payable on your gross

income. It replaces the health contribution and the income levy
and came into effect on 1 January 2011. It does not replace the
Pay Related Social Insurance (PRSI) system.

8 Supports and information for the self-employed

 You pay the USC if your gross income is more than €10,036 per
year. Self-employed people pay an extra charge if their income is
over €100,000 a year.
All Department of Social Protection (social welfare) payments
(including State pensions and Child Benefit) and similar payments
(for example, Community Employment schemes and Back to
Education Allowance) and income on which DIRT has been paid
are exempt.

Universal Social Charge rates

Aged under 70
Income up to €10,036 2%
Income from €10,036.01 to €16,016 4%
Income above €16,016 7%
Self-employed income above €100,000 3% extra
Aged 70 and over or a medical card holder
Income up to €10,036 2%
Income above €10,036 4%
Self-employed income above €100,000 3% extra

An extra charge of 3% applies to any self-employed income above

€100,000. This means that people under 70 pay 10% USC on
self-employed income over €100,000. Medical card holders and
people aged 70 and over pay 7% USC on self-employed income
over €100,000.
Self-employed people pay their Universal Social Charge with
their preliminary tax payment. Any discrepancy between the
amount paid and the amount due will be amended when the final
assessment issues from Revenue.

Supports and information for the self-employed 9

 Q> I am no longer earning enough
from self-employment -
what help can I get?

Self-employed people can become unemployed if their business

has to close down. Alternatively you may continue to be self-
employed but find that you are not getting enough work to
provide a sufficient income.
If you have had to close your business or if your income from
self-employment is very low, you may qualify for a social
welfare payment.
You do not need to de-register as self-employed to get a social
welfare payment.

Jobseeker’s Benefit
Most self-employed people cannot qualify for Jobseeker’s Benefit
(JB) since it is only given to people who have paid PSRI at Class A.
If you do qualify for Jobseeker’s Benefit (because you have been
recently employed) you may continue to do some work. However,
you must have lost at least one day of employment and as a
result of this loss be unemployed for at least three days out of six
days. Your earnings must also have been reduced because of the
loss of employment.
For example, if you are engaged under a contract for service to
work (on a self-employed basis) for three days per week and
are unemployed for the rest of the week, you may qualify for
Jobseeker’s Benefit.

10 Supports and information for the self-employed

 In certain circumstances, for example, if you were trying to start
a business while you are on JB you may be able to retain the
full JB and also have a small income from the self-employment.
This is known as subsidiary employment. However, in these
circumstances, you should consider applying for the Short-term
Enterprise Allowance (see page 21 below).
If you do not qualify for Jobseeker’s Benefit you may qualify for a
means-tested Jobseeker’s Allowance.

Jobseeker’s Allowance
If you do not earn enough from self-employment and you do not
qualify for JB, you may be able to get Jobseeker’s Allowance (JA) if
you pass a means test. In order to qualify, you must also be:
»» Over 18 and under 66
»» Unemployed and available for, capable of and genuinely
seeking work
»» Habitually resident in Ireland
In general, when you apply for JA, you are interviewed by a social
welfare inspector who asks you about any means you have.

How is the means test carried out?

The means test can be quite complex for self-employed people.

There are very often problems in establishing what your income
actually is and there can often be a long delay in getting
Jobseeker’s Allowance because of this.
The law on means testing for Jobseeker’s Allowance provides
that your expected income in the year after you apply is taken
into account. The assessment must reflect the income you may
reasonably be expected to get from your business over the next
12 months. Income for the last 12 months will be taken as a guide
but allowing for any factors which it is known will vary.

Supports and information for the self-employed 11

 Note…
You will get Jobseeker’s Allowance if your income is below a
certain level. Your reduced income will be assessed as means.
You can continue to operate your business and work while
you are getting Jobseeker’s Allowance provided you do not
exceed the income limits.
The number of days in which you are engaged in self-
employment is not relevant. You could qualify for Jobseeker’s
Allowance even if you are engaged in self-employment every
day. However you must be available for work and be able to
show that you are looking for work to meet the conditions for
the payment.
If you want to be able to spend all your time working for
the business you could apply for a Back-to-Work Enterprise
Allowance to help you while you are setting up your business
(see page 21 below).

It is very important that you tell the social welfare deciding officer
about factors which may vary – for example, if a client of yours
who accounted for a large amount of your business last year
has gone out of business you can show that this portion of your
income from self-employment is no longer available.
Even though the social welfare inspector will take your current
circumstances into account you will be asked for your receipts and
payments or audited accounts for the current and previous year.
For example, if you apply for Jobseeker’s Allowance in June 2012
you will be asked for your receipts and payments from January
to June 2012 and for 2011. However, in certain cases you may be
required to show audited accounts for the last two or more years.

12 Supports and information for the self-employed

 How is income from self-employment treated?

All your current earnings from self-employment are taken into

account and there are no disregards. This means that every
euro you earn from self-employment is deducted from your
Jobseeker’s Allowance (JA) payment. (Certain income from
employment is disregarded but this is not the case with income
from self-employment.)
Your earnings are assessed as gross income less work-related
expenses over 12 months. Your expected annual earnings from
self-employment are divided by 52 to find your weekly means
from self-employment. Any expenses which you legitimately incur
in the business are taken into account. Any ‘drawings’ (this means
money or goods you withdraw from the business for your personal
use) you take from the business are not an allowable expense.
If your ‘drawings’ from the business are greater than the level of
income calculated, the ‘drawings’ are assessed as cash income.
You must be able to distinguish between expenses incurred in the
business and expenses incurred for domestic purposes. You should
have receipts, invoices, Value Added Tax (VAT) returns, audited
accounts and any other evidence available for the social welfare
inspector. The Department of Social Protection say that the following
are the main allowable expenses but the list is not exhaustive:
»» Materials (the cost of supplies)
»» Motor running costs (portion applicable to business)
»» Depreciation of machinery or equipment
»» Insurance relating to the business
»» Telephone (portion applicable to business)
»» Lighting and heating (for business and not domestic use)
»» Advertising, bank charges, stationery, van leasing, labour costs
and pension plan
»» Class S PRSI contributions
»» Any other costs associated with running the business

Supports and information for the self-employed 13

 Household running costs are not allowed as deductions against
business profit. Your partner’s income will also be taken into
account (and this income is assessed differently depending on
whether it is from self-employment or employment).

What about my spouse or partner’s income?

Your spouse’s or partner’s income from work will be taken into

account when calculating your Jobseeker’s Allowance payment. If
your spouse or partner is employed, only a certain amount of their
income from work is taken into account. Twenty euro per day (for
up to three days) is not counted and only 60% of what is left is
counted as means. So, if, for example, your spouse works for three
days and earns €120 only €36 of this income is counted as means
from work. However if your spouse or partner is self-employed all
their income from self-employment is counted in the means test.

14 Supports and information for the self-employed

 How income from other sources is treated
The house in which you live is not included in the assessment
of your means unless you are getting an income from it. If you
have rented a room in the house, that income is assessed in
most circumstances.
If you own property that you are not personally using or you
have investments or any other form of capital, the value is
assessed, using a standard formula. You may or may not be
getting an income from the property or investment.
If you own a second house and the house is let, you will
be assessed on the capital value of the property. You will
not be assessed on the actual income from the letting. Any
outstanding mortgage registered against the property is
deducted from the market value to find the capital value.
However, if the mortgage on the home in which you live has
been re-structured to raise capital to buy the second property,
this re-structured mortgage will not be deducted from the
capital assessment of the second property.
If your spouse or partner owns property or has other assets
they will be assessed in the same way.

Supplementary Welfare Allowance

Supplementary Welfare Allowance provides a basic weekly
payment to eligible people who have little or no income. The
Supplementary Welfare Allowance Scheme covers rent and
mortgage interest supplements (see below). You may also get
a payment if you need help with exceptional once-off costs or
urgent needs in emergency situations.

Supports and information for the self-employed 15

 You may qualify for Supplementary Welfare Allowance while you
are waiting to be assessed for a jobseeker’s payment or if you
don’t qualify for a jobseeker’s payment. If your income from self-
employment is less than the means allowed in the means test you
may qualify (even if you continue to do your self-employed work).
However you cannot get Supplementary Welfare Allowance if you (or
your spouse or partner) are working more than 30 hours per week in
insurable employment. If you are working less than 30 hours a week
and you satisfy the means test you may be eligible. Your gross income
less PRSI and reasonable travel expenses is assessed in the means test.
Other expenses may be allowed if you are self-employed.
You apply for Supplementary Welfare Allowance to the
Department of Social Protection’s representative in your local
health centre.

Other benefits
You may also be entitled to extra benefits – often called
secondary benefits. Sometimes you must be getting a social
welfare payment to qualify for the payments (for example,
for Back to School Clothing and Footwear Allowance). In most
cases you will have to pass another means test.
If your income is below a certain amount you may get a
medical card or a GP Visit Card from the Health Service
Executive (HSE). The HSE means test is similar to the social
welfare means test. However, it is carried out separately.
You may get help with mortgage interest repayments or help
with paying your rent under the Supplementary Welfare
Allowance Scheme. (Note that if you or your spouse or
partner works more than 30 hours a week you cannot qualify
for payments under this scheme.)

16 Supports and information for the self-employed

 If you are in local authority housing and your income has
reduced you should contact your local authority and ask for a
review of your rent. Some local authorities assume a certain
level of income for certain self-employed people. You can,
however, show that you do not have this level if that is the case.
You may get help with the cost of uniforms and footwear
for children attending school. The Back to School Clothing
and Footwear Allowance Scheme operates from 1 June
to 30 September each year. You may also be able to get a
Fuel Allowance or payments under the Household Benefits
Scheme depending on your circumstances.
If you have an exceptional or urgent need, for example, help
with a funeral bill, you can apply for a range of discretionary
payments under the Supplementary Welfare Allowance
Scheme (the rule about working less than 30 hours does not
apply to discretionary payments).
Self-employed people are not eligible for Family Income
Supplement even if their income is below the limits for their
family size. However if your spouse or partner is employed they
may be eligible for the payment.
Visit citizensinformation.ie and selfemployedsupports.ie to
learn more about all these benefits.

Supports and information for the self-employed 17

 Appealing a decision
If you think you have been wrongly refused a social welfare benefit
such as Jobseeker’s Allowance you can appeal this decision to
the Social Welfare Appeals Office. You can also appeal if you are
unhappy about any decision of a Social Welfare Deciding Officer.
The Social Welfare Appeals Office is an independent agency. It is
not part of the Department of Social Protection.
The Social Welfare Appeals Office also deals with appeals for some
payments under the Supplementary Welfare Allowance Scheme.
However, it does not deal with the discretionary elements of the
Supplementary Welfare Allowance Scheme such as exceptional
needs payments.
Social Welfare Appeals Office
D’Olier House, D’Olier Street
Dublin 2
t (01) 673 2800
socialwelfareappeals.ie

Q> W
 hat about PRSI credits and
voluntary contributions?

In some circumstances, for example, if you are unemployed and

seeking work, you may be given free credited PRSI contributions.
These can help maintain your contribution record for entitlement
to social welfare benefits. To qualify for credits you must have a
paid or credited contribution in the two previous years. Class S
contributions don’t provide entitlement to credits but if you have
received credits or paid PRSI as an employee during that time you
may be eligible.

18 Supports and information for the self-employed

 If you are not entitled to PRSI credits you can choose to make
voluntary contributions. These count towards long-term benefits,
mainly pensions. If your last PRSI contribution was Class S, you pay
for voluntary contributions at a flat rate of €253 per year.
If you were self-employed, you must apply to become a voluntary
contributor within 12 months of the end of the tax year during
which you ceased to be self-employed. You may also apply within
12 months of when you were last awarded a credited contribution.
Voluntary contributions cover entitlement to the following payments:
»» State Pension (Contributory)
»» Widow’s/Widower’s/Surviving Civil Partner’s (Contributory)
Pension
»» Guardian’s Payment (Contributory)
»» Bereavement Grant
You can become a voluntary contributor by completing form VC1
which you can download from welfare.ie.

Note…
It is very important that you pay voluntary contributions if at
all possible since this will safeguard your entitlement to a State
contributory pension later in life.

Supports and information for the self-employed 19

 Q> W
 hat about self-
employment supports?

People who are getting social welfare payments can keep all or
part of their payment for a time after becoming self-employed if
they take part in one of the Enterprise Allowance schemes. There
are two schemes: the Back to Work Enterprise Allowance Scheme
and the Short-Term Enterprise Allowance Scheme.
Under both schemes, you must first have your self-employment
project approved as viable and sustainable. In areas covered by
a partnership or integrated local development company (ILDC)1
this is done by the partnership or ILDC. If you do not live in a
partnership/ILDC area it is done by the Department of Social
Protection’s local Jobs Facilitator.
Approval normally involves an interview to assess the viability
of the proposed project and to provide advice on funding, start
your own business courses or other relevant aspects of self-
employment.
If you have taken part in the scheme before you may qualify again
after five years if you meet the conditions.

1 T
 hey are also known as local area partnerships/ local development
companies/integrated companies in different parts of the country.

20 Supports and information for the self-employed

 Short-Term Enterprise Allowance

The Short-Term Enterprise Allowance is a scheme which applies to

people who are recently unemployed and entitled to Jobseeker’s
Benefit (JB). There is no qualifying period, which means you do
not have to be getting JB for a certain period of time. Payment
under the scheme is at the same rate and for the same duration
as your entitlement to Jobseeker’s Benefit. Most self-employed
people do not qualify for this Allowance (because they do not
qualify for JB).

Back to Work Enterprise Allowance

This allows you to keep part of your social welfare payment for
up to two years if you take up self-employment and meet various
conditions. If you qualify, you may retain 100% of your payment
in the first year and 75% in the second year.
In order to qualify, you must meet the following conditions:
»» Be setting up a self-employment business that has been
approved by a partnership or local development company or
Jobs Facilitator
»» If you are unemployed, you must either be getting Jobseeker’s
Allowance for 12 months or Jobseeker’s Benefit for two
years (or 12 months if you would also qualify for Jobseeker’s
Allowance while getting Jobseeker’s Benefit)
People getting certain other social welfare payments may also
qualify and the time on these payments or on training and
community programmes may count towards the qualifying period
if you are on a jobseeker’s payment. In certain circumstances, your
qualified adult may be able to take up the scheme instead of you.

Supports and information for the self-employed 21

 You will keep any secondary benefits (apart from Rent or
Mortgage Interest Supplement) for as long as you are getting
the Back to Work Enterprise Allowance provided your household
income is less than €317.43 gross per week. Household income
includes your spouse’s/civil partner’s or cohabitant’s income, but
allows for PRSI and reasonable travel expenses. Income from the
Back to Work Enterprise Allowance or the Short-term Enterprise
Allowance is not taken into account for the €317.43 weekly income
limit but any income from work is taken into account.
You should check in your local health centre to see how your Rent
Supplement or Mortgage Interest Supplement may be affected by
your participation in the Back to Work Enterprise Allowance.
Secondary benefits include:
»» Fuel Allowance
»» Medical card (the €317.43 weekly income limit does not apply
here)
»» Diet Supplement
»» Back to School Clothing and Footwear Allowance

Technical assistance grant

If you qualify for either scheme, you may be able to get a
grant from the Department of Social Protection’s Technical
Assistance and Training (TAT) fund of up to a maximum of
€1,000 towards the start-up expenses. These include training
(in areas such as bookkeeping/accounts, preparation of business
plans, marketing, literacy and computer training) and the
purchase of small items of equipment. This scheme is operated
by the Department’s Jobs Facilitators.

22 Supports and information for the self-employed

 Starting your own business – the basics and where
to find information
Much of the process of preparing for self-employment is about
starting a business.
There is a range of supports and information about self-
employment:
»» The guide to self-employment Toil and Trouble is available on
the Department of Social Protection’s website, welfare.ie.
»» City and County Enterprise Boards provide advice and
mentoring to local businesses that are starting up or
developing. In some cases they can give grants for feasibility
studies and other financial supports for new businesses,
enterpriseboards.ie.
»» Area Partnership Companies provide a range of enterprise
support programme and services to people who are long-term
unemployed and interested in setting up their own business.
The service is administered locally through a network of 38
Area Partnership Companies.
»» The Companies Registration Office (cro.ie) can give you
information about registering a business name. You can also
register a business name online using CORE (Companies
Online Registration Environment), core.ie.
»» You may need to have a business account with your bank. This
allows you to keep your business income separate from your
personal income. In general, you will need your Certificate of
Business Name to open a business bank account.

Supports and information for the self-employed 23

 Q> W
 hat about going back to
education or training?

Many unemployed people decide to go back to education or

training. A range of courses are available ranging from full-time
courses to evening classes.

Funding

Different sources of funding for education are available. These

include grants, training allowances and social welfare payments.
»» The Back to Education Allowance (BTEA) can support people
getting a social welfare payment to access full-time second-
level and third-level education.
»» The Part-Time Education Option allows you to keep your
Jobseeker’s Allowance or Jobseeker’s Benefit and attend a part-
time day or evening course that will improve your chances of
getting a job.
»» The Education, Training and Development Option allows
you to keep your jobseeker’s payment and attend a course not
covered by the standard Back to Education Allowance, such as
a personal development course.
»» The Vocational Training and Opportunities Scheme (VTOS)
is aimed at unemployed people who were early school leavers.
»» The Youthreach programme provides people between
15 and 20 with opportunities for basic education, personal
development, vocational training and work experience.

24 Supports and information for the self-employed

 Labour Market Activation Fund
The Labour Market Activation Fund 2010 funds a wide range
of organisations to provide training and education places
specifically for unemployed people. The courses are run by a
number of vocational education committees (VECs), Institutes
of Technology and other organisations. The places are mainly for
people who are less skilled, who have worked in construction,
retail and manufacturing and who are aged under 35 or long-
term unemployed. The qualifications on offer range from Level 3
to Level 8 on the National Framework of Qualifications. You can
view the available courses on qualifax.ie.
You must be getting an unemployment payment for at least
three months in order to qualify for a place. Time spent on
training or education programmes will count towards this
three-month period. While you are attending a training course
under this scheme, you may qualify to keep your welfare
payment for as long as you would normally be entitled to it.

Q> D
 ealing with debt for
small business owners

Small businesses can find themselves with cash flow problems

because they are unable to get money owed to them by other
individuals or businesses. In turn they may have difficulties
meeting their obligations. This section looks briefly at debt from
the perspective of the debtor (or the person who owes the money).
If you are owed money the procedures are similar.

Supports and information for the self-employed 25

 If you operate as a sole trader (this is the simplest and most
common structure for self-employed people) you are personally
liable for your debts. This means that your personal assets can
be targeted by your creditors. If you form a company, then the
company is responsible for its debts and your personal assets
cannot be targeted unless you have given personal guarantees for
the company debts. It is very important to ensure that you keep
separate accounts for your business and personal money.
Most debts arise because you have failed to meet the terms of
a contract. For example, you enter into an agreement to buy
equipment by instalments and you fail to pay. It is a breach of
contract to fail to pay such debts; it is not generally a criminal
offence. It is a criminal offence to fail to pay certain debts. For
example, it is an offence not to pay your taxes, second home charge
or TV licence fee. You may be charged and convicted for failure to
pay such debts. Even if you are charged, convicted and fined, you
still owe the debt and can be sued for it in the normal way.
Your creditor is entitled to ask you to pay your debts but is not
entitled to harass or intimidate you.

Court procedures
The procedures and the documents that are used are different
depending on which court is involved and sometimes on which
kind of debt is involved. The proceedings are started by the person
to whom you owe money. That person (or group of people or
company) is the creditor and the plaintiff in the case. You are the
debtor and the defendant in the case.
»» If you owe less than €6,350, the court proceedings must be
brought in the District Court. Proceedings are started when
the creditor issues you with a Civil Summons.

26 Supports and information for the self-employed

 »» If you owe between €6,350 and €38,091, the court proceedings
must be brought in the Circuit Court. Proceedings are started
when the creditor serves you with an Ordinary Civil Bill.
»» If you owe more than €38,091, the court proceedings must be
brought in the High Court. Proceedings are started when you
are served with a Summary Summons by the creditor.
You can find out more about court procedures on the website of
the Courts Service, courts.ie.

Debts to Revenue
If you owe money to the Revenue Commissioners for unpaid taxes,
you may be able to agree a repayment arrangement. However,
in general, interest applies to any late taxes and so you must pay
this as well. In some cases, penalties may also apply. In other cases
where you have not paid or have underpaid your tax, you may be
able to agree a phased payment arrangement. This generally does
involve the payment of interest as well as the amount owed. The
Revenue Commissioners also pursue cases through the courts.

Bankruptcy
Bankruptcy means that you legally declare that you are unable to pay
your debts. Bankruptcy proceeding are carried out in the High Court
and can be very expensive and time-consuming. Declaring yourself
bankrupt is a very serious step. The Money Advice and Budgeting
Service (MABS) recommends that you should try to negotiate
an affordable and sustainable arrangement with your creditors
before considering bankruptcy. Another option is to apply for an
arrangement under the protection of the High Court. This means that
you ask the High Court for protection against proceedings to give you
time to present a proposal to your creditors – perhaps to pay them a
proportion of the debts.

Supports and information for the self-employed 27

 If you are a sole trader and are having difficulties with managing
your personal finances the Money Advice and Budgeting Service
(MABS) is a free and confidential service for people in Ireland with
debt and money management problems. Although MABS does
not deal with business debts, money advisors can help with your
personal debts and with household money management.
Money Advice and Budgeting Service (MABS)
Helpline: 0761 07 2000
mabs.ie

Help and advice on debt

The Chartered Accountants Voluntary Advice service (CAVA)
provides advice to business people in financial difficulty. CAVA
can give free advice and assistance on your business affairs
such as bookkeeping, business debts, VAT or payroll issues.
Contact your local Citizens Information Service or MABS
office to see if they offer the service or contact Chartered
Accountants Ireland at (01) 637 7218.
charteredaccountants.ie

Difficulties accessing credit

If you have been refused credit by a bank you can ask the Credit
Review Office to review the decision. You must use the bank’s
internal review and appeal mechanisms before applying to the
Credit Review Office. All banks are bound by the Code of Conduct
for Business Lending to Small and Medium Enterprises. You can find
out more about the process from the Credit Review Office.
Credit Review Office
Helpline: 1890 211 789
creditreview.ie

28 Supports and information for the self-employed

Useful addresses
Department of Social Protection
Lo-call: 1890 66 22 44
Jobs Ireland Lo-call: 1800 611 116
welfare.ie
Health Service Executive (HSE)
Callsave: 1850 24 1850
hse.ie
The Revenue Commissioners
Lo-call (Form or leaflet request): 1890 306 706
revenue.ie
Money Advice and Budgeting Service (MABS)
MABS have centres around the country and a National
Helpline: 0761 07 2000
mabs.ie

Selfemployedsupports.ie is provided by the

Citizens Information Board. This microsite
provides public service information for self-
employed people whose incomes are reduced.
Selfemployedsupports.ie is based on content
from citizensinformation.ie.
The Citizens Information Board provides independent information, advice
and advocacy on public and social services through citizensinformation.ie,
the Citizens Information Phone Service and the network of Citizens Information
Services. It is responsible for the Money Advice and Budgeting Service and
provides the National Advocacy Service for people with disabilities.

Head Office
Ground Floor t 0761 07 9000
George’s Quay House f 01 605 9099
43 Townsend Street e info@ciboard.ie
Dublin 2 citizensinformationboard.ie