Coronavirus Legal Help for Individuals

Can I create a will at home? 

You do not need a lawyer to make a legally binding will. Provided that you are over 18 and of sound mind, you can create a will as long as it is in writing and signed by you in the presence of two witnesses (in England and Wales) or one witness (in Scotland). You can make a Living will or a Last Will and testament with Rocket Lawyer. 

In England and Wales, your witnesses must be over 18, they must not be an executor or beneficiary of your will,  and they must not be related to you or to anyone mentioned in your Will as a beneficiary, either by marriage or civil partnership. In Scotland, your witnesses must be over 16 and have credible information of the testator’s identity at the time of signing. They must also not be blind or illiterate. For more information read Executing a will.

How can I validly sign my will while complying with social distancing rules? 

To comply with social distancing rules while signing your will in the presence of witnesses, you may wish to stay 2 metres away from each other, wear gloves and use different pens.

How do I store a will?

You can store your will with: 

• your solicitor

• a will writing service provider 

• the Probate Service

• banks

• at a secure location of your choice

For more information read Storing your will.

Can I use a power of attorney to manage my affairs during the pandemic?

A power of attorney deed can grant another person the ability to deal with your affairs (eg paying your bills) on your behalf if necessary. These powers can only be set up when you have mental capacity.

In England and Wales, there are two types of powers of attorney: the general power of attorney (POA) and the lasting power of attorney (LPA). A POA is normally used for one-off events and for short periods of time, while the person granting the POA is mentally capable of making their own decisions, while a LPA is meant to last indefinitely and designed for situations where you’ve lost the mental capacity to make decisions. For more information read Lasting powers of attorney and General powers of attorney. Make a POA or speak to a lawyer to create a LPA.

In Scotland, a Continuing Power of Attorney (CPA) is a power of attorney related to your financial/ property affairs while a Welfare Power of Attorney (WPA) authorises the attorney to make welfare decisions for you. For more information read Power of attorney in Scotland.

Are self-employed individuals entitled to sick pay?

Generally, employees are entitled to sick pay while self-employed individuals are not. This is because sick pay is paid by an employer. However, the Government has announced assistance for self-employed individuals affected by Covid-19, through the Self-Employment Income Support Scheme.

This scheme allows self-employed individuals to claim 80% of their profits (up to £2,500 per month) for the next three months. You can apply for this scheme if you are self-employed or a member of a partnership and you:

• have submitted your Income Tax Self Assessment for the tax year 2018 - 2019

• traded in the tax year 2019 - 2020

• are trading when you apply (or would be, if not for COVID-19)

• intend to continue trading in the tax year 2020- 2021

• have lost trading/partnership trading profit due to COVID-19

In addition, more than half of your income must be through self-employment and your profits from this self-employment must be less than £50,000 per year.

The amount of relief you will be entitled to, will be  80% of the average profits from the previous three tax years (where applicable). This amount will then be capped at £2,500 per month and will be paid directly into your bank account in one lump sum.

Where you have not yet returned your Self Assessment tax return for the tax year 2018 - 2019, you have until April 23 2020 to do so.

You cannot currently apply for this scheme, which is expected to open in June 2020. If you are eligible for the scheme, HMRC will contact you once applications open. For more information read the Government’s guidance, Claim a grant through the coronavirus (COVID-19) Self-employment Income Support Scheme.

What if I’m self employed and require urgent financial assistance?

The Government has made it easier for individuals affected by Covid-19 to access benefits. Those individuals on Employment and Support Allowance (ESA) who are suffering from Covid-19 or are required to self-isolate, will be able to claim the allowance from day one, instead of having to wait for seven days.

Further, the minimum income floor has been temporarily removed from Universal Credit for self-employed individuals who have to self-isolate as a result of coronavirus. The minimum income floor is an assumed level of income, which takes into account how much an individual would normally be expected to earn in a month, when calculating their entitlement to Universal Credit. Not having this minimum income floor in place, means that self-employed individuals will be able to claim for time they spend off work due to sickness.

Self-employed individuals in need of financial assistance will be able to apply for Universal Credit over the phone, without the need of attending a jobcentre. 

Self-employed individuals who do not have enough money to live on while they wait for their first Universal Credit payment, can ask for an advance payment. This can be done online or through their Jobcentre Plus work coach. To apply, individuals will need to:

• explain why they need an advance

• verify their identity (either when they apply online or during their first phone appointment with their work coach)

• provide bank account details for the advance

For more guidance visit the Government website.

I’m struggling to meet my Self-Assessment payments on account. Is help available?

If you’re due to pay a self-assessment payment on account by 31 July 2020 but won't be able to make the payment by that date due to Covid-19, then you may defer payment until January 2021. To defer these payments, you don't need to make an application.

During the deferral period, you can set up a budget payment plan to help you pay the deferred payment on account when it comes due. You can set up a payment plan by either setting one up online (via the GOV.UK website) or calling the Payment Support Service:

Payment Support Service

Telephone: 0300 200 3835

Monday to Friday, 8am to 4pm

Do I have to go to work during the pandemic?

The Government’s COVID-19 recovery strategy states that from 13 May onwards, workers whose work can be done at home should continue working from home. This is intended to keep transmission as low as possible across England. 

However, if your work can’t be done at home, then the Government’s guidance advises that you should return to work if your workplace is open. The sectors that are currently allowed to open are: food production, construction, manufacturing, logistics, distribution and scientific research in laboratories.

Your employers should take necessary steps to ensure that the workplace follows the new safety guidelines. Some steps that they may consider in order to reduce unnecessary contact include:

• using screen or barriers to separate staff

• grouping employees in fixed teams to reduce the number of people each worker has contact with 

• increasing the frequency of surface cleaning

It remains the case that if you are or a member of your household is experiencing symptoms of the Coronavius, you should self-isolate and shouldn’t go to work. 

Where your workplace is opened and but you don’t wish to go into the office, you should speak to your employer about the possibility of working remotely and make a Flexible working request. Employers should listen to employees who are worried about going to work, but can't work from home, and should take steps to protect everyone. Your employer may allow you to take time off as annual leave or unpaid leave.

If you’re concerned that your employer isn’t taking all practical steps to promote social distancing, you should report to the local authority or the Health and Safety Executive. 

Please note that where you refuse to come to work without a valid reason, and do not wish to, or can't, take paid or unpaid leave, then you will not be entitled to sick pay and your employer may take disciplinary action against you.

I’m at-risk of contracting the virus or living with vulnerable individuals, do I have to go back to work?

If you’re part of the high-risk group that has been classified as clinically extremely vulnerable, e.g. individuals on immunosuppressant drugs, then you’re strongly advised not to work outside of your home.

Where you’re considered as a clinically vulnerable individual, the Government has advised your employer to help you work from home either in your current role or in an alternate role. Where it is impossible for you to work from home, you should be offered the safest on-site roles available to enable you to stay 2m away from others. 

If you’re living with someone that’s clinically extremely vulnerable, you should notify your employer and they will have to take that into consideration when asking you to return to work. 

How should I get to work? 

The Government has urged everyone to continue to avoid public transport whenever possible, you should cycle, walk or drive to work instead to minimise close contact with others. 

If you have to take public transport, you must continue to follow social distancing guidelines and should wear a face-covering where social distancing isn’t possible and you’re in close proximity to another person.

Who is affected by school closures?

From Monday the 23 March, all schools, nurseries and sixth form colleges were closed for most children until further notice. Both independent and state-funded schools were affected by this closure. 

The Government maintains that the rate of infection remains too high to reopen schools. They expect those in Reception, Year 1 and Year 6 to be back in school in small class sizes (not more than 15 pupils) from the 1 June onwards. 

However, you may still take your children to school if:

• you are a ‘critical worker’ (your job keeps an important service running, eg. NHS staff, police, and retail workers)

• your child is considered vulnerable (eg. they have a social worker or an Education, Health and Care (ECH) plan)

Where you’re a critical worker and your child can stay at home safely, you do not have to send your child to school. If your child is considered vulnerable, you should work with your child’s welfare worker to determine what is best for your child.

Can I take time off work to look after my children who are at home?

The Government is currently encouraging those that can’t work from home to return to work and 

has clarified that nannies and childminders can return to work so long as they take the necessary precautions to stay safe. This is intended to enable more working parents to return to work.

Where you don’t have access to childcare services and need to take time off to look after your children, you should speak to your employer who should be understanding of your situation. 

Employees are entitled to take time off to look after a dependent (eg. a spouse, partner, child, grandchild, parent, or someone else who depends on you for care). You may apply for flexible working by making a Flexible working request. For more information, read Family leave and rights.

Employees are generally allowed a reasonable amount of time off to deal with the emergency; however, there is no set amount of time they can take off, as this depends on the situation. Where you need to take more time off work, your employer may ask you to take annual leave or parental leave. For more information read the Government’s guidance on Time off for family and dependants.

Employees who take time off work to look after dependents don’t have to be paid. You should check your employment contract and staff handbook to see what your employer’s policy is on this.

Is my child still entitled to free meals?

Children who are eligible for free school meals will continue to be entitled to free meals where:

• the child or someone in their family fis affected by COVID-19

• the child’s school is only open for certain groups or is closed temporarily

What steps schools will take to support children eligible for free school meals will depend on the individual circumstances of the school. Meals or food parcels may be prepared by the school’s catering team and delivered to, or collected, by families in need. Schools may also use local initiatives (eg. a local charity) to provide free meals.

The Government is currently also developing support through supermarket and shop vouchers.

I’m struggling to pay my rent. Can my landlord evict me?

The Government has introduced emergency legislation preventing landlords from evicting tenants affected by Covid-19 for a three-month period at the minimum. 

This means that where you are struggling to pay your rent as a result of Covid-19, your landlord cannot bring a court action against you for at least three months.

Tenants will still need to pay their rent. If you are struggling to pay your rent, speak to your landlord and make them aware of the difficulties you are facing. Your landlord may agree to give you more time to pay your rent, or a rent reduction. Any agreement with your landlord should be put in writing. 

If a tenant falls into rent arrears tenants and landlords can agree a Rent repayment plan, based on the tenants’ individual circumstances.

Will the government help me pay my rent?

If you are claiming benefits and in rented accomodation, the government has announced a financial support package to be delivered through the current benefits system (ie housing benefit and Universal Credit).

What can I do if I'm struggling with mortgage repayments?

The Government has introduced a three-month mortgage holiday for anyone struggling with their mortgage repayments as a result of Covid-19. 

All mortgage lenders should honour this three-month mortgage holiday and make it available to eligible property owners.

If you are experiencing difficulties with your mortgage repayments because of Covid-19, you speak to your mortgage lender about a mortgage holiday.

For more information, read Mortgage arrears.

My tenants are unable to pay their rent due to COVID-19, what can I do?

The Coronavirus Act requires you to give the tenants a minimum of 3 months’ eviction notice, so it is not possible to evict tenants before this time. You could consider a temporary rent reduction or making a Rent repayment plan if your tenants are temporarily unable to pay the rent.

I am a lodger, what rules apply to me?

Lodgers are not covered by the same rules as tenants are (for further information, read Taking in a lodger). This means you may be at risk of being evicted during the Covid-19 epidemic.

I’m self employed and cannot pay my income tax bill because of Covid-19. What can I do?

If you are self-employed, have already filed a Self Assessment, and owe less than £10,000 in income tax, you may be able to pay your tax bill in installments. You can do this by setting up a payment plan online. 

If you have missed a payment date or cannot set up a payment plan online, you should call HMRC’s Self Assessment helpline.

Are there any reliefs for council tax?

The Government has introduced council tax support for economically vulnerable people and households during the COVID-19 pandemic. This council tax relief is expected to be made available through existing Local Council Tax Support schemes, or through complementary reliefs. The level of support will be decided by each council,  taking into account  local circumstances and income and savings of low income households.

Councils are expected to apply reductions to council tax as soon as possible (from April 2020) and re-bill council tax payers as soon as reasonable. You should continue paying your council tax as normal unless your council says otherwise. You will be able to find out more by visiting your local councils website.

Can a child travel between households to see divorced parents?

The Government has clarified that where parents do not live in the same household, children (under 18) can be moved between their parents’ homes. 

Parents should try to continue to comply with their child arrangements during the current Coronavirus crisis. This means that while children can move between separated parents, they do not have to move between homes.

The child’s parents should decide whether it is in the best interest of the child to travel between separated parents or remain in one house. Parents should base this decision on their circumstances, including the health of the child, the risk of infection and the presence of any vulnerable individuals in the households. 

Where a child does not spend time with a parent as normally scheduled, the child and the parents should maintain regular contact via alternate means (eg video calls).

Any change to an existing arrangement (eg a non-key worker parent wishing to look after the child, while a key worker parent continues to go to work) should be recorded in writing.

Do we need to comply with an existing Child Arrangement Order?

If a Child Arrangement Order is in place, then this can generally be complied with unless the Order conflicts with the Government’s advice. 

An Order that conflicts with the Government’s advice can temporarily be varied by the parents’ joint agreement. Parents should record such an agreement in writing (eg in a note, email or text message sent to one another).

If the parents cannot agree to vary an existing Order, but one parent is sufficiently concerned that complying with the Order would be against Government advice, then that parent may unilaterally (ie without the other parent’s agreement) vary the Order. Please note that this is not usually permitted and could lead to a court claim if the other parent does not believe that changing the Order was reasonable and sensible.

Alternatively, where the parents cannot agree, they may make an application to the courts to vary the existing Order.

Similarly, parents wanting to continue with the current Order, can apply to the courts for enforcement if they believe this to be necessary.

Should a child travel between households if the child or someone in either household has/may have Covid-19?

If a child, or someone in either parents’ household, has coronavirus or is displaying symptoms of coronavirus, then they should be self-isolating and should not be travelling between households.

If you believe that your child may have contracted coronavirus, then you should follow the Government advice on reporting new Covid-19 cases.

Can I still travel abroad?

The Foreign & Commonwealth Office (FCO) has advised against all non-essential international travel for an initial period of 30 days. This initial period took effect on the 17 March 2020.

If you have to travel abroad, you should check for all up-to-date travel guidance on the Government website. You should also contact your insurer and ensure that you are covered for your travel.

If you have a holiday booked, check the guidance provided by your airline, travel agent or other holiday provider. You may be able to get a refund or re-book your holiday for a different time.

Where you are cancelling your holiday because you are directly affected by Covid-19 or because you are following the Government’s guidance, you should contact your travel insurer to see if your cancellation will be covered.

I have a flight coming up to return to the UK, what should I be aware of?

The Government has outlined a few measures that will be implemented at a later date (to be announced) to control transmission from abroad. 

All international arrivals will be required to provide their contact and accommodation information and will be advised to download the NHS contact tracing app. 

They will also have to self-isolate in their accommodations for 14 days upon arrival in the UK unless expressly exempted. Those travelling within the Common Travel Area are part of the exemption. Where they don’t have an accommodation to self-isolate, they will be required to do so in accommodation arranged by the Government.