LAW AND BENEFIT REVIEW

[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
disability.matters@yahoo.co.uk
www.lawandbenefitreview.co.uk
[01285-861752]
REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
January 2007
[edition 10]

Home
Aims & Objectives
Web Accessibility
Accessibility
Welcome
Useful Disability Contacts

2009
June
May
April
March
February
January

2008
December
November
October
September
August
July
June
May
April
March
February
January

2007
December
September
August
July
June
May
April
March
February
January

2006
December
November
October
September
August
July
June
May

MEETING OF THE HUMAN RIGHTS COMMITTEE AT EU COMPLEX BRUSSELS

PROLOGUE

HAPPY NEW YEAR to you all. Despite the festive season, the world of ‘disability’ has continued without a break. At this time of year, we who are disabled or elderly or infirmed and who have personal assistants and carers to look after of us, should give thanks to them for all the help and assistance that they have provide throughout the year and particularly over the last holiday periods when they have been with us perhaps without being with their own families ensuring that we are safe, comforted and generally looked after.

There are many people who act as carers for us, partners, husbands, wives, mothers, fathers, sons, daughters, cousins, uncles, aunties, friends and neighbours many of which receive little or no financial recompense as well as those that are employed by the new form of social services, Community and Adult Services, nursing and care homes, self employed, agency staff, hospitals, carers employed by the person being looked after through various funding schemes such as the Independent Living Funding [ILF], who have all given up at least some of their personal and important time over Christmas and the New Year to see that our needs are catered for. ‘Disability Matters’ would like to thank all cares and personal assistants everywhere for all their help and assistance over this family time and throughout the previous twelve months.

Those of you who have read the October and November 2006 issues of the LBR would have noticed that the Law and Benefit Review, well a précised version of it, may now be found at http://beehive.thisisgloucestershire.co.uk. This website which is provided by Gloucestershire County Council is particularly useful and appreciated as we can operate the site personally and keep it updated daily with news as it happens and elaborate upon it in the following months LBR.

Whilst the telephone calls and emails have reduced considerably over the festive season our ‘hits’ on the beehive site have not and have increased fore-fold. This is good news for us as we really do appreciate your time and effort in finding and looking at our websites. We our sure from comments received, that many of those who look at the ‘beehive’ also look at the Law and Benefit Review through the links shown at the top of the beehive pages. By clicking on ‘Law and Benefit Review’ you will be connected directly with the home page and all the last ten previous months issues of the LBR and a host of other useful information. Enjoy.

We at ‘Disability Matters’ are finding it increasingly difficult to find sufficient space in the monthly editions of the Law and Benefit Review for all the news and changes being sourced from our data-base’s. As a consequence of this, some articles may contain information that is perhaps two or three months old but we will continue to bring essential news and changes in benefits, the law, legislation, etc. as it occurs on the beehive web page followed up by a full report in the following months LBR. Nothing will be kept from you. Financial pressure also restricts the number of articles we can include each month, so we have to be selective now to try and include everything we can but eventually somehow the information will reach your Law and Benefit Review.

PRE-BUDGET SPEECH
DECEMBER 6 2006

The media claimed in the lead up to the Chancellor of The Exchequers speech on December 6, that there would be nothing for the elderly or disabled except gloom if you own a 4 x 4 motor vehicle or anticipate flying in the future. No increase in the winter fuel allowance, and all state pensions and benefit increases and proposals have already been announced and featured in the December 2006 Law and Benefit Review.

In reality, the following was announced tin the Pre-Budget speech hat would have a direct effect on many elderly and disabled people:

1. A rise in fuel duty of 1.25 pence per litre from midnight on December 6 2006.

2. A ‘green’ tax on air passengers from £5 to £20 on EU country flights, and up to £80 per ticket on long haul flights dependent on the length of the flight effective from February 1 2007.

3. Basic state pensions increased by 3.6% in April 2007 and the pension credit minimum guarantee to rise £5 for single people and £7.65 for couples.

4. Free central heating and insulation for low income pensioners homes affecting 300,000 homes.

5. Tax discounts of bio-fuels.

6. Minimum wage confirmed at £5.35 per hour from January 1 2007.

7. Vehicle Excise Duty [VED] - starting from a theoretical ‘nil’ rate and increasing upwards depending on the carbon emissions of the vehicle. This has already been introduced when the top rate of VED increased to £210 for top range emission vehicles during the third quarter of 2006.

8. The over 80’s will receive an extra £100 winter fuel allowance
Additional measures were also announced and these may be found at either www.hm-treasury.gov.uk or www.prebudget2006.treasury.gov.uk

JANUARY 2007 CONTENTS

[1] PROLOGUE
[2] EDITOR’S BLOG
[3] BENEFIT ABUSE
[4] PENSION & BENEFIT INCREASES FROM APRIL 2007
[5] PENSIONERS ON THE STREETS
[6] CARE LIMITATIONS
[7] KEEPING THE COLD AT BAY
[9] POST OFFICES [UPDATES]
[10] NEW BLUE BADGE ADDRESS FOR GLOUCESTERSHIRE AREA
[11] NEW ADDRESS FOR ADULT CARE IN GLOS.
[12] COLD WEATHER PAYMENTS SPECIAL
[13] HAVE YOU MADE A WILL YET
[14] IS YOUR MP WORTH IT?
[15] FREE BED AND BOARD?
[16] HAVE YOU BEEN AFFECTED BY AGE DISCRIMINATION
[17] WHEELCHAIRS AND RAMPS
[18] DISABLED POLICE?
[19] ADVICE AND ASSESSMENT
[20] FOUR MILLION WILL NOT AFFORD WINTER HEATING
[21] MP’S ATTACK THEIR OWN PARTY
[22] TEMPORARY BED AND BREAKFAST
[23] ARTHRITIS RESEARCH
[24] WHEELCHAIRS AND SCOOTERS - USE AND NEED
[25] SECOND HAND DISABILITY AIDS
[26] DISABILITY EQUALITY SCHEME - UPDATE
[27] WHOSE GOING TO PAY FOR LONG-TERM CARE?
[28] BLUE BADGE PROBLEMS

MOTORING NEWS

REGISTRATION OF ALL POWERED SCOOTERS AND WHEELCHAIRS CAPABLE OF TRAVELLING AT 4.M.P.H. OR MORE

All of the above scooters and wheelchairs would you believe must be registered with the DVLC. Contact the DVLC on 0870 240 0010 for more information or send an email to vehicles@dvla.gtnet.ov.uk asking for information. This requirement to register scooters and wheelchairs stems back to the Highways Act 1988 and to two Reviews of class 2 and class 3 powered scooters and wheelchairs or invalid carriages as they are called in 1988 Act and the two reviews 2004 and 2005. To date the government, police departments and local authorities have virtually ignored these pieces of legislation but due to a massive increase in injury and damage accidents caused by scooters and wheelchairs the government are threatening to take action against unlicensed ’vehicles’. In 2007, there is every possibility that such ‘vehicles’ will be required to possess third party insurance cover as well. Before approaching insurance companies for quotes for third party insurance, consult your house contents insurers as you may well find that this insurance policy may also covers your scooter or wheelchair if written into the policy for an small additional premium that liable to less than a separate quote.

[a] EUROPEAN PARKING CARD INFORMATION
[b] CONGESTION CHARGES START ON ‘M’ ROUTES
[c] GENUINE DISABLED PEOPLE CARRY OUT TESTS
[d] THE EYES DON’T HAVE IT
[e] ONE IN THREE ARE ILLEGAL
[f ] AVOID FOREIGN REGISTERED LORRIES
[g] BARNET COUNCIL HUNT DISABLED DRIVER
[i] FRENCH SPEED CAMERAS
[j] M6 TOLLS UP FROM JANUARY 1 2007
[k] VEHICLE EXCISE DUTY

TRAVEL NEWS

[a] CROSS YOUR LEGS
[b] FAIR INCREASES ON THE RAILS
[c] AIR TRAVEL ‘GREEN’ TAX

EURO-NEWS

GUIDE ON DISABILITY MAINSTREAMING

EDITORS BLOG

What has 2007 have in store for us all? Well, on a personal note lets hope we all suffer less pain, feel better and life improves generally. Unfortunately, from media releases and anticipated government proposals, not a lot is very encouraging as the UK is developing into the worlds third highest level of ‘population spying’. Only India and China have higher levels. Even the USSR and the Third Reich did not stoop to these levels. For example: [2] Green stealth tax on fuel, cars, air travel, street parking, consumer goods and food which will generally affect the cost of living the latter of which has already increased by 6.3% last year. [3] The Foreign Secretary who is also the Leader of the House of Commons has given Members of Parliament a further £10,000 each on top of their astronomical incomes, salaries and allowances reported in the December 2006 issue of the LBR in order to stop them abusing their postage allowances. [3] Further taxes and therefore price increases on new lower priced and inefficient washing machine and lights bulbs. [4] Rubbish tax will be imposed by the local authority ’dustbin police’ for placing wrong rubbish in the wrong dustbin, leaving the dustbin open, over-loading your bins and putting them out for collection to early, the banning of shredded paper because it may cause a litter problem, the installation of ‘spies’ in your dustbin lid and refusing to take shredding and spy cameras will be installed at waste dumps to see what you are leaving there. [5] Landfill taxes will increase charges making building contractors bills higher if they remove rubbish. [6] Pay as you drive tax and congestion charging as already commenced on the M25 [7] Extra car insurance to be imposed on us who pay car insurance whilst one million plus car drivers are on the road without car insurance and for immigrants claiming ‘damages’ buy deliberately causing road traffic accidents and driving unsafe and untraceable illegal cars registered in countries thousands of miles away. [8] Council officials will be permitted to enter you home and photograph it for improvements and then charge additional council tax. [9] Police dogs on patrol with muzzles so that they don’t bite perpetrators. [10] Water companies will commence action against all house holders who have unpaid water bills as 43% of customers have failed to pay their accounts irrespective of why not. [11] Speed cameras will be increased and rules changed so that they may be erected anywhere. [12] Local authorities everywhere will increase ‘on street’ parking charges outside people homes according to their carbon output’s to at £300 plus per year for higher emission vehicles - discriminatory, of course it is, but what do the authorities care? [13] Many immigrant foreign student’s have been granted free tuition at Universities whilst most UK residents will still have to pay. [14] The Prime Minister wants the whole UK population subjected to DNA testing to create a country-wide data base to help solve crime and thus extending the Criminal Justice Act 2003 which he has no power or right to do and re-introduce the Identification Card scheme. The UK already has the largest data base in Europe and no nation in their history as ever compelled its entire population to be subjected to compulsory DNA. Even countries that have compulsory Identity Cards do not keep DNA on file other than from convicted criminals. [15] A national reduction in the supply of fuel used to heat, light and power our homes to save CO2 emissions [16] The cost of running an average car will increase to £5,539 per annum, deprecation will rise to £2420 on average and insurance, car tax, maintenance and parking will increase. [17] Holiday makers will be ‘hit’ with a ‘global warming’ tax of £50 if they fly. [18] Rural Post Offices will close by the hundreds unless the government wakes their ideas up and increases their financial support. and [19] Homes will/are to be re-valued for huge council tax increases which no state pensioner will be ever be able to afford unless they sell their homes, that is if the care services have not forced the sale illegally before hand so they can look after you [20] Huge increases in VAT on the cost of alcohol due to teenage abuse. [21] Commencement of road charging in selected areas such as parts of the M25 [22] The Home Office has been warned by the European Union Interpol HQ that crime will increase in the UK when Romania and Bulgaria join the European Union resulting in ‘organised crime’ that the police in those countries cannot control now and the UK police have never seen the likes of before. [23] Identity Cards are back on the agenda and could start to be introduced in 2007. [24] In 2007, Ministers will be planning to ’force’ everybody in 2011 to answer the 24 page census which has been described as the most deplorable and unwarranted intrusion census ever. You will be forced to reveal if you have a second home, health problems all your income and a host of other personal and confidential information. If you do not, you will be fined £1000 and receive criminal conviction when your finger prints and DNA will be taken if they have not been taken before. No doubt all this information will be included in Blair’s plan to hold a file on every UK individual - oh did we not tell you about this and there’s more [25] Everyday, the majority of the population appear on a CCTV camera more than 300 times, there is infact one CCTV camera for every 14 people, who incidentally are tracked every time they use their cell phone, home phone, switch on their Sat. Nav. log onto the internet or send an email, use credit cards, bank cards and loyalty cards. Their shopping habits are logged, future car congestion charges will inform Government Departments the police and who knows who else exactly where you are at a given time on a given date and where you have been. Some CCTV cameras will even photograph you and keep that photo on record - again totally illegal of course. [26] Electoral lists will continue to be sold to many groups and large organisations showing all who live at your address and your neighbours homes [27] Large increases in local council tax when the government updates property values some of which are thirty years out of date with estimates of at least double the current level of tax. [28] Families with more than one car will be penalised if the family cars are parked on the road and residential parking permits costing hundreds of pounds per annum will become the ‘norm‘ if parked on the road with additional penalties if your car emits more than a certain amount of CO2. [29] Road side fingerprinting by the police [30] Expensive new passports can be easily ’cloned’ by buying a gadget off the internet much to the embarrassment of the government who assured us all that these biometric secure passports could not be forged. [31] Southampton Care workers plan to go on strike this month if a ballot supports this because they have been told that they are to lose their extra pay for working unsocial hours. They have been offered a deal which cuts weekends and evening allowance in return for a general pay rise. [32] Scooter and Wheelchair users in public places, will, from 2007 onward, need a third party insurance to indemnify them against claims for damage to shop fronts, personal injuries and damage to vehicles which has increased greatly in recent years according to police and insurance company reports. Average cost for the insurance £50 - £60. [32] By the giving of flu jabs to care staff can cut the number of illnesses and death among residents and those in care at home. [33] Backbench MP’s have asked for a 66% rise in salaries. [34] The White Paper on the Governments Pension Review announced in the Queens Speech on November 15 2006 has been issued and can be viewed on the website at www.dwp.gov.uk.

Rather than depress you any further we will stop here. Has this Government gone completely mad or has the UK turned into a ’surveillance society’ as even the government’s information commissioner is asking? Never mind cheer up, we who are single and in receipt of state pension’ s or benefits will have an £3.05 a week in April 2007 and others slightly more courtesy of the Labour Government to pay for all these rules, regulations and increases in food, utility bills, etc. as presumably an attempt to appease us all. What do they so - give out in the left hand and take back in the right!

Is it no wonder that 45% of the native population of the British Isles wish to immigrate but cannot because of children, elderly family and/or careers but some 275,000 have infact left the UK this year, mainly for France and Spain where the cost of living generally remains about a third less than in the UK taking everything into account.

Oh by the way, 1500 immigrants legally entered the UK in 2005 every single day and the government continues to admit that it has no idea how many are entering illegally. The UK is twice as crowded as Germany, four times as crowded as France and twelve times as crowded as the USA. In 2005, 198,000 British citizens left these shores to reside in Australia, France and Spain. What’s all this got to do with disability, pensions and benefits - well everything really, as many disabled and elderly people are going to be seriously financially compromised if only a few of these increased financial increases are introduced.

Importantly, where is all this information that is being collated ending up. If the Channel 4 programme that recently exposed call centres in India can be called as an example, then this information will end up in private or company hands to do what they like with it.

Even the Royal Mail are being openly accused of leaving unattended sacks of mail for days in open accessible places such as office buildings, hotels, guests houses, lobby’s and doorstep all filmed on camera. Thieves have also been filmed stealing the mail sacks weekly for long periods. The banks are facing similar accusations by the Information Commissioner after personal documentation containing account details were left in rubbish bags on the streets over-night.

Nothing appears to be safe. We who have bank accounts and credit cards receive unsolicited cheques drawn on our credit cards from credit card companies and banks which are sent out without our knowledge, ‘scam emails’ are trying to get us to reveal personal details over the internet and even more emails from African countries from people whose name you cannot pronounce, offering cheques worth tens of thousands of pounds in exchange for little payment and those who are foolish enough to enter into negation with such people end up loosing thousands of pounds themselves, etc. etc. and very worryingly, many unregulated civilian personnel are much involved in the collection and collation of this information.

HOT NEWS: For the second time in two years, the Independent Living Fund based in Nottingham, and who holds private, personal and confidential information on seriously disabled and elderly people living independently in their own homes have had a copy of their data base stolen whilst in a van which appears to have been unprotected. The first time around, the data was stolen from a safe. This inexcusable blunder by this government funded organisation needs an enquiry into the ILF’s competence to hold such confidential information belonging to the vulnerable members of our society and ‘Disability Matters’ is to press for such an enquiry.

Names, addresses, dates of birth, NHS numbers, bank details, etc. are among the data stolen - everything a fraudster requires to ‘clone’ individuals and obtain documents such as passports, driving licences and open bank accounts.

Our serious advice is to purchase a ‘cross cut’ shredder which cuts your confidential waste into confetti like paper. Shred everything, letters and envelopes because they also contain codes and information possibly not visible to you. Leave nothing to chance but having done all this to protect yourself your local authority may well decline to remove the shredding with your rubbish as it is now being classified as a possible ‘litter‘ liability by the ‘dustbin police.

WELCOME to 2007

We at ‘Disability Matters’ hope that your New Year passes as you expect it to do and we hope to grow even quicker than we have in the last eight months thanks to you all.

[3] BENEFIT ABUSE: Much publicity has been given to immigrants entering the United Kingdom from European Union countries and elsewhere, and being provided with state benefits and housing benefit from the day they stepped onto UK soil. This is of course denied by the government but investigative journalism has found differently. Food, money, housing, NHS treatment, registration with doctors and schools are all in place within seven days of arrival whilst ex-pats returning to the UK get nothing until they have been back for twelve months even though they have paid tax and NIC contributions.

Some examples of this are the two professional religious gentleman one being a qualified solicitor and both religious agitators ‘refuse’ to work but still receive between £600 and £1200 in state benefits per weeks, plus free housing and one has two wives. An female asylum seeker who is 7’2” is living in the UK on state benefits because she claims her height is ridiculed in her own land. Apart from state benefits, she has been provided with a council apartment, a two year visa, pays no council tax or rent and cannot work because she is diabetic and therefore receives free medical treatment unlike in her home land of Pakistan where she would have to pay. It has been reported that many recent Eastern European Union members who have entered the UK as is their right, are not working and some are receiving state benefits and housing benefit and sending the housing benefit back to their home lands to help buy a property there. A Kurdish asylum seeker and people smuggler sentenced to two terms of imprisonment for people smuggling had been released and had been given permission to reside indefinitely in the UK, this was ten years ago and was believed to be living on state benefits despite the fact that they were charging up to £14,500 per person to smuggle them illegally into the UK. Now he and two others are back in prison where we will continue to support him and the other two financially. The Kurdish ringleader has been in prison in France, Belgium and well as the UK, travelled on forged passports and banned from entering France for five years. Whist in prison, his wife and children will no doubt receive state benefits? A divorced mother, Mrs Nadir, who stole £40,000 in benefits made up of £28,000 income support and £12,000 in housing benefit over five years whilst living in a house worth £370,000, has been sentenced to seven months imprisonment. [£ per month]

What on earth in the government thinking about by permitting these people and thousands like them to remain in the UK at the expenses of the tax payer whilst elderly, infirmed and disabled people are crying out for increases in care funding, pensions, state benefit, winter fuel allowance, etc. which most have contributed towards all their working lives.

The Home Office and other Government Departments have been asked questions concerning these matters, and the Conservative party and Migration Watch UK are critical of the governments ludicrous stance. [Gen]

[4] PENSIONERS ON THE STREETS: The National Pensioners Convention [NPC] staged a mass lobby of Parliament on October 25 2006 protesting about the White Paper on pensions released earlier in 2006 upon which the LBR reported. The NPC says that the White paper fails to address the scale of pensioner poverty despite the April 2007 rise in pensions as we have reported in 2 above. An immediate response to the white paper has revealed that the lower paid pensioner will worse off and the higher paid better of by the reports contents.[Gen]

[5] CARE LIMITATIONS: It has been alleged that social workers have set a 15 minute limit on the amount of home help time they care workers may give to old, vulnerable and frail pensioners at any one time. This is the maximum amount of time carers will have for instance to wash and dress those in need of such care. If they cannot complete the job in this time then they must move onto the next case leaving the persons receiving the so called ‘care‘ without proper attention. If true, this is disgraceful and demeaning to the person in need of such care. The Government inspectors made 350.000 inquires into the treatment of vulnerable pensioners who need help to reside in their own homes and found the system to be riddled with shortages, lack of rights, failure and indifference. The ‘15 minute slot was identified as “undignified and unsafe”. The Inspectors report called for Social Workers to be striped of the association with organising home help for the elderly and presumably the disabled who also require such care.

The report also found that “there was a failure to listen to what people really need, missed opportunities and the failure to promote independence. It was also disclosed that the number of workers in this industry had dropped by a third over the past 13 years - hence the time restrictions no doubt. Finally the inspectors found widespread problems in relation to the shortness of visits, the timing of the visits and reliability as care workers rushed from client to client.

How true all these finding appear to be. For years the writer has heard such complaints from a variety of disabled and elderly people who have spoken with him in his various capacities on these very matters and he has infact managed to improve the situation somewhat for a number of people. Social and Care Workers often do not listen to people about their problems particular those who often cannot communicate their problems in way for the workers to understand because of their disability or age. Assessments are often rushed or hurried - I know this from personally experience and when the assessment report arrived I thought that they had sent the wrong report to the wrong person when infact it was Social Services assessment of my needs some of which were not even mentioned. Delays in first assessments for care and home help appears to be decreasing from thirteen weeks to now about eight or less. Lets hope the other failing found will soon improve.

The Commission for Social Care inquired into the treatment of 350,000 vulnerable pensioners who need help to stay in their own homes and found a system riddled with shortages, failure and indifference. The ‘15 minute slot’ was singled out as being ‘undignified and unsafe’ and called for social workers to be stripped of their right to organise home help for the elderly. In their place, older people should be given funding to pay relatives who already look after them or get other paid help from outside the family. Other examples of the fall in general care include cleaning and preparing meals.

UPDATE: It is now been revealed that an increasing number of pensioners resident in their homes are already being denied help and care by the councils who have cut back on such help already due to cash shortages so now there are some 350,000 are no longer receiving the help they need.
In Scotland, the Argyll & Bute council have been ordered to pay outstanding arrears in the cost of care to an elderly gentleman who was entitled to such care without charge. The failure to pay for the care was due to the council saying that they did not have sufficient funding but the watchdog stated that it was the council’s responsibility to ensure that they had adequate resources to meet the needs of the elderly. Similar cases have been exposed in England resulting in the same way, the council was made to pay up.

‘Disability Matters’ our mentors, are trying to ascertain if there is any difference between ‘care’ at home provided by a local authority by the employment of their own staff and ‘care’ at home provided by carers or personal assistants employed privately through the Independent Living Fund [ www.ilf.co.uk ] We will print the result in due course.

[6] KEEPING THE COLD AT BAY: Each winter in the United Kingdom 30,000 people die of hypothermia, many of them elderly. Whilst the average annual fuel bill now stands at £1000 per household, people need all the help they can this year.

The key factor causing older people to die from cold is poverty. Because of low pensions, low benefit take-up and sky-high fuel costs, more than 5 million older people in England can’t afford to heat their homes properly. Older people are paying for low pensions and high fuel costs with their lives. Those living in rural and deprived areas are hardest hit.

Help the Aged is calling for every older person to be provided with an adequate pension, whatever their background or situation, that is enough to pay for household heating, clothing and food. Anything less is a death sentence. At the same time, there is an urgent need for the benefits system to be overhauled – to ensure that older people are getting the financial assistance they need. Energy companies, local authorities and others should introduce immediate reductions in costs for older people.The Home Heat Helpline 0800 336699 have helped thousands of people so far to save money and utility companies themselves also have help lines that are worth calling. Each company has a different telephone numbers and offers differing help and assistance but if you need help then please call Home Heat Helpline or your supplier. The following telephone numbers and websites might be useful:

BRITISH GAS: www.house.co.uk or call 0845 6012123,
EDF ENERGY: 0800 3289010. NPOWER: 0800 172 6999
POWERGEN: 0800 1694694 SCOTTISH AND SOUTHERN: 0800 622838 SCOTTISH POWER: 0800 336699

There are reports of alleged problems with Staywarm with several price increases that are making the scheme unpopular. Problems with the collection of the right amount of money to pay direct debits and other complaints concerning payments has lead to Staywarm admitting that some customers have experienced some problems which are being solved.

If you are unhappy with your utility suppliers than log onto www.uswitch.com to see if you can obtain a better deal from another supplier and always look at the small print and conditions before you sign up. You need a contract that you can stop at any time, most companies require a months notice before leaving them and some others have six month contracts so take care.

[7] POST OFFICES: [UPDATE] : The Rally referred to in the November 2007 issue of the LBR took place and the 4 million signature petition delivered to 10, Downing Street. The Trade and Industry Secretary Alistair Darling signalled a huge round of closures saying that the loss making industry cannot remain as it is. Such closures will mean a major blow for customers in villages and rural areas who rely on their post offices. The current £150 million annual subsidy from the government which keeps alive the 14,326 post offices is due to stop in 2008. Although this figure may continue after 2008, it is still insufficient to maintain the dwindling existing services.

Much fault lays with the government who have reduced the services that were once only found at post offices. Motor Vehicle taxation, television licences and postage stamps for instance can now be obtained via the internet, and other such services diversified leaving local post masters to struggle to keep their business open by selling an increasing number of food stuffs, newspapers, magazine, stationary, etc. Each time the government removes one of the former services only to be found at post offices such as the next proposal to stop the collection of pensions and benefits from 2008, the post master looses income which he/she has relied upon the support the local amenity. It is no wonder that rural post offices are closing.

[8] NEW BLUE BADGE ADDRESS FOR GLOUCESTERSHIRE: A good example of the failures of local government to keep their disabled citizens informed of changes has been carried out without apparently informing any of the 10,000, Gloucestershire holders of the Blue Badge parking permit of the new method of applying for, or renewing blue badges. May be the numbers involved is an excuse, but there are free newspapers issued by the Gloucestershire County Council and several local newspapers where such information may be revealed but no, it was left to blue badge holders to be inconvenienced and find out for themselves of the changes/

Up to last year, holders of the Blue Badge normally attended or wrote to their then Social Services offices in their home towns to apply for or renew a Blue Badge, this service is no longer in operation but application forms for the time being are still normally available from these local offices. Now, ALL Blue Badge applications are dealt with at a single Cheltenham address at County Wide Blue Badge Team, Cheltenham Locality Office, Sandford Park House, 39/41 London Road, Cheltenham, GL52 6. Telephone 01242 532302 and takes approximately 28 days from the application being received until the issue of the new or renewed Blue Badge. It is therefore essential that all applications should be made in accordance with section 11 on page 9 of the Department of Transport booklet sent with your last blue badge which states “Badges last for three years only. When you need a new one apply to the issuing authority for reassessment some weeks before the badge expires”. The office at Cheltenham says “up to 28 days for processing” so allowing five to six weeks for processing and two way posting should be sufficient time to obtain the renewed badge before the old one expires otherwise considerable inconvenience could be experienced waiting for the new or renewed blue badges as you cannot use the expired badge under any circumstances. If you require an application form then allow time in addition to the 28 days for the form to arrive. The Department of Transport rulings apply to all UK local authorities and all holders of a UK Blue Badge.

Parking and using an expired Blue Badge in a public place could lead to a fixed penalty notice [FPT] being affixed to the vehicles windscreen. The old ploy used by vehicle owners in the past by not displaying a valid vehicle excise licence or blue badge and leaving a note beside the licence/badge saying ‘application in the post’ no longer works and again attracts a FPT.

[9] COMMUNITY AND ADULT CARE DIRECTORATE: In the October 2006 edition of the LBR we referred to the demise of the title ‘Social Services’ to be replaced by the Community & Adult Care Directorate. The renamed service can now be found at Quayside Wing, Quayside House, Shire Hall, Gloucester, GL1 2RH, telephone 01452 426868 or 01452 425162.

This office apparently deals with all applications for help and care needs such as assessments, care, adaptations and walking aids, even though the local offices still exist but all correspondence appears to be directed to the Gloucester address above for action.

The local offices details are as follows:

Gloucester 01452 426086 Cheltenham 01242 532523 Forest 01594 820542 Stroud 01453 760504 Cotswold 01285 881101 Tewkesbury 01684 275852 GIS 01452 520438 Central Admin 01452 425162

[10] COLD WEATHER PAYMENTS: For the last five months, ‘Disability Matters’ has been questioning the Government as to why approximately several hundred people in the South Cotswolds failed to be paid cold weather payments on at least two occasions when temperatures fell below 0C for seven consecutive days during the winter period of 2005/2006. After much investigation it was discovered that the official weather measuring instrumentation operated on behalf of the Government by the Metrological Office to measure temperatures and other weather readings were located 15 miles south, 51 miles east, 43 miles north and 18 miles west away from a central point at The Duke of Gloucester Barracks in South Cerney, just south of Cirencester. How on earth can an accurate temperature readings be obtained in such circumstances and from such distances away from the area? The apparent reliance by the government on ‘average temperatures’ is not accurate enough as hundreds are missing out on their lawful and legal rights.

So far, the mandarins of Whitehall have been very negative in their responses but admit that there is a problem, if that's so then why aren't they doing something about it, as many hundreds of qualifying benefit holders are losing out on their cold weather payments which they are legally entitled to. The governments failure to pay the cold weather payment is a violation of the regulations and the rights of those who qualify.

It is even more important now that those who are entitled to it should receive the cold weather payment even though it continues to be a mega £8.00 so that some additional financial help may be received to help pay escalating utility bills this coming winter. The offices in Whitehall will be well heated day and night during cold periods to ensure Ministers, MP’s and workers are warm whilst the work, whilst many elderly, infirmed and disabled people will be reduced to living, sleeping and cooking in one room to save on fuel bills.

‘Disability Matters’ has now turned the taps up and have written to The Minister of the Department of Works and Pensions personally because although we have written to him as head of the department on six occasions previously, we are fully aware that the letters never actually reached the Minister. When a letter is received for the Minister or Secretary of State of a government department they are intercepted and dealt with by the Whitehall staff so therefore the problems never actually reach the eyes or ears of the Ministers themselves, but we have now found a way to ensure that he will from now onwards receive the letters. We have also written to a variety of agencies and European Members of Parliament to ascertain the legal position of the failures of the government to ensure that those people who qualify to receive the cold weather payments actually receive them. We will keep you updated.

The annual winter fuel payment of £200 goes nowhere these days and works out at £0.54 pence per day which according to the gas and electricity companies will operate a typical heating apparatus on its lowest setting for about three hours a day.

It would help us enormously if you live in the South Cotswolds and reside within 15 miles of the Duke of Gloucester Barracks in South Carney [where you would expect an official and approved weather station to be located particularly as both military and civil aircraft operate from but there is not] and did not receive at least two cold weather payments during the winter period of 2005/2006 to contact us so that we can present as precise amount of ’numbers’ as possible to the Government. All we would need is the village or town that you live in and confirmation that you did not receive any payments last years. Please help us to help you to your legal rights.

[11] HAVE YOU MADE A WILL YET: Amazingly, we have recently been receiving requests for information about making a Will which has caught us rather unprepared. No doubt a TV or radio programme has prompted these requests and we have come up with the following information.

Making a simple Will is not a complicated or hard thing do, so long as your affairs are straight forward and you carry out some basic rules so that the Will is valid and legal. [1] You must be over 18 years of age. [2] You must be of sound mind at the time of making the Will. [3] You must not be pressured by anybody to make the Will [4] The Will must be in writing and signed by the person making in the presence of two witnesses who must see you sign the Will and then witness the signature by signing it themselves and providing details of their address and occupation which they also write on the document beside their signatures. [5] The Will that has been signed and witnessed should be kept in a safe place in a home safe, bank vault or filed with a firm of solicitors and inform the executer [s] or a relative or a close friends of its whereabouts.

Whilst we have said that it is not a complicated thing to make a basic Will, it is always advisable to ask a Solicitor to carry out the task for you as there some formalities that you need to follow as we have indicated above plus other issues such as inheritance tax. It is easy to make mistakes but difficult and possibly expensive to rectify them after your death which would then eat into the residue of the estate. As would be expected, solicitors charge for making Wills, the more complicated the Will, the more you will be charged so shop around for cost. There are some useful websites around that provide information on the making of Wills and one of them suggests that members of certain trade unions provided a free Will making service operated by their own solicitors. From time to time Wills made be needed to be kept up to date by adding a ‘cordicil’ to the original Will and a solicitor should be used for this purpose. Some times if the ‘cordicil’ is complicated it might be preferential to make a new Will which will cancel all previous Wills. Such changes as the death of one of the people named in the Will to receive part of your estate, change of your address, change of a Executor, etc should be amended in the Will but remember although necessary it will cost you to carry it out.

If you move abroad on a permanent basis at any time you must make a Will in the country of your new domicile otherwise all kind of complications could arise such as income tax and property matters. Keep copies of the UK and other Wills securely in both countries if you retain your UK home for you and your relatives benefit as complications with Wills abroad could take years to deal with. Use an English speaking solicitor or the countries equivalent legal adviser which makes matter easier for everybody and you will have a Will written in English so that it can be understood by you and contains your correct wishes. There will also often be a Will in the countries own language to satisfy the countries own legal system so you may find that you will sign and have witnessed two Wills that are absolutely identical, dated the same day and witness by the same people possibly legal clerks belonging to the firm of solicitors or the local equivalent who drew up the Will. If you own property abroad then making a Will in the country where the property is located is a priority and a must.

You do not have to be entering retirement or elderly to make a Will, you can do it once you reach the age of 18 years. If you own property, have savings in a bank or savings scheme, married or living with a partner, children, etc. you have a duty to yourself to make a Will to protect your family. Do not assume automatically that your money and assets will go to who you wish them to go because they may not. Single people with no family and who die without making a Will, will have everything automatically given to the Government.

You will need to name Executors in your Will which are not normally those who witnessed your signature when you make your Will. The ‘Executors’ in the Will are responsible for your wishes being carried out. They should be professional people such as solicitors, bank mangers, accountants or other reliable sensible people are willing to undertake the task for you.

We would always advice anybody thinking of making a Will to consult and ask a solicitor to carry the task out for you as they are regulated by the Law Society unlike Will writing services who are often cheaper but if anything goes wrong there is little that can be done apart from perhaps legal action against those who drew up the Will originally which is not the kind of thing relatives wish to become involved in at such a time. For more information contact www.direct.gov.uk or www.adviceguide.org.uk

[12] IS YOUR MP WORTH IT?: The cost of Members of Parliament and The Prime Minister who is also a MP to the public purse last year was a mere £132 million pounds for expenses, allowances and salaries making the average MP’s income of £204.000 per annum according to some sources or £124 per working hour and this figure, £132 million, includes payments to MP’s who were ditched at the last election. In addition to this small fortune, some Ministers and Secretaries of State who after all are still MP’s, receive ‘grace and favour’ homes, rent and council tax free, a personal chauffer and gas guzzling cars - some have two cars - guess who?. Often some MP’s have more than one home and one even employ’s her husband to operate her office. Flights or train journeys from constituencies to the House of Commons are often first class and free but in fairness they have to pay for their own postage stamps, secretary’s and office staff out of the allowances - shame.

If the costs of operating the House of Commons is also taken into account which includes subsidised food, each MP cost the country a staggering £726.000 each per annum. Blair and Prescott are alleged to have also claimed housing allowance of £115.000 despite the PM living at 10 Downing Street and Prescott having a ‘grace and favour’ apartment at Admiralty House just off Whitehall and over looking St James Park at the back, is all of 500 meters from his office so that he can use one of his two Jaguars to go to work, whilst some other MP’s in outer London, just a tube ride away from the Commons, also claim thousands for ‘staying away from home’ and so it goes on. I wonder if any of them ever think of disabled, infirmed and elderly people fighting to survive on less that £90.00 per week on average for their existence?

[13] FREE BED AND BOARD: Yes, we at ‘Disability Matters’ have cracked it. If you are elderly, infirmed or disabled, alone and single forget your care homes, long stays in hospital, nursing homes, social workers, care staff, assessments, debt, cold homes in winter, limited nourishment, council tax, water and sewage charges, gas, electricity, food and fuel bills, car ownership, poor income in your old age - then fail to pay your council tax or commit a non violent crime that will get you at least ten years in one of Her Majesty’s category ‘C’ open Prisons. The first couple of months might be a bit iffy accommodation wise before your case has been considered, although you will be in the hospital wing with everything thrown in, 24/7 central heating, clean sheets and towels, food, nursing, etc. but then you will be whisked off to a category ’C’ establishment [you cannot possibly call it a prison] in the country or near the sea or the Lake District or if you are really lucky, the Scottish Highlands or near Snowdonia.

In your new ‘home’ you will have your own room and key which is warm and fully furnished and you can come and go when you wish to, you would not be forced to have to sell your home to pay for your care as some people have been forced to do, you will have a choice of three hot meals a day, free full health and medical care which includes, eyes, ears and teeth, TV in your room for less than a £1.00 per month, fitted showers, unlimited hot and cold water, clean bedding and towels weekly, clothing and footwear, constant warmth, free travel when you might need to attend hospital or clinics, helpful neighbours, every possibility of meeting a top politician or business man, top industrialise or Member of the House of Lords, free legal advice, weekly film shows and other entertainment, in door games, fully fitted gym for light exercise, to work off all that food, paid light work if you are capable or got the time for to occupy you, library facilities, daily news papers, radio, possible magnificent views of the coast or mountains, fresh air and an endless supplier of wheelchair pushers and trips out to the local town or city often unaccompanied virtually when ever you want as long as you tell the staff. Regular visits from all kinds of support groups, access to religious personnel and all worth about £800.00 a week but it will not cost you a single penny. The only fault we can find is that you will lose all your benefits but what will you want money for whilst on holiday - you can earn enough money in light work if you are capable for any extras but we are sure you will not need to. If you own a property, then that will still be there when your holiday comes to an end and of course you will be back on the state benefits you were receiving before the holiday break which you an apply for before well in time and then you are back facing what you were forced to face before the ‘hols’ but perhaps a lot worse. Well what do you think? The fact is that prisoners according to the media, are looked after far better than the elderly. We have just run two articles, November 2006 article 2 and December 2006 article 16 on the abuse, lack of care, poor meals, etc. being dealt out to our elderly friends which investigators have uncovered. The prison population costs from £800 per week and social care half that perhaps. Your choice. Only kidding.

[14] COUNCIL TAX TO BE CRIME BASED: as England’s council tax system is about to go under review, the Conservative party are alleging government Ministers are planning increases in council tax based on ‘how nice the area is’. The government has purchased computers to analyse areas using census date, crime rates, school performances date, income and ethnicity. Lets hope the computer goes wrong like all the other computers they have purchased recently!

[15] HAVE YOU BEEN AFFECTED BY AGE DISCRIMINATION? New age discrimination laws came into force on 1 October 2006. It is now illegal for older people to receive a different level of service, fewer opportunities at work or be treated differently simply because of their age.

Help the Aged has launched an Age Equality campaign to support these changes to the law and offers two comprehensive guides to the new legislation for download. Find out how the new age discrimination law will affect you. Contact Help the Aged at www.helptheaged.org.uk

[16] RAMPS, STAIR-LIFT AND WHEELCHAIR INFORMATION:

Quick Facts

A sizeable portion of elderly, disabled and infirmed people with disabilities depend on the use of a wheelchair for their mobility.

Accessibility describes a site, building, facility or portion thereof that can be approached, entered and used by physically disabled people.

Adaptability describes the flexibility of certain building elements to be modified to accommodate the needs of people with different types or degrees of disabilities.

A properly constructed ramp is essential for the use of a building by anyone in a wheelchair.

When designed correctly, an accessible kitchen can be easily used by everyone in the household.

INTRODUCTION

Various estimates place the number of United Kingdom people with disabilities between one and one and half million. A precise and reliable overall figure is not currently available, due to differing operational definitions of disability, divergent sources of data, and inconsistent survey methodologies, which together make it impossible to aggregate much of the available data.

In 2004, one source estimated there to be one million disabled people in the UK. Even if the numbers are not precise, there exists a sizable portion of the population with disabilities, many of whom depend on the use of a wheelchair for their mobility.

The information below is for individuals using wheelchairs, their family members and/or friends. The suggestions presented are simple, inexpensive, and suitable for renters as well as homeowners. is helpful to understand the difference. It is helpful to understand the difference between accessibility and adaptability. Accessibility is described as a site, building, facility or portion thereof that can be approached, entered and used by physically disabled people and adaptability as the flexibility of certain building elements (such as kitchen counters, sinks and grab bars) to be modified to accommodate the needs of persons with different types or degrees of disability.

Wheelchair Manoeuvring Space: The area necessary for a conventional wheelchair to manoeuvre is shown in the diagram shown below. These measurements do not include the space required by a carer/assistant or sinks, toilets and other bathroom equipment. The average dimensions of a standard adult manual wheelchair (occupied) is length 46 to 50 inches including allowance for projection of feet to overhang width 23 to 32 inches allowing for hands and elbows, seat depth 16 inches, seat height 19-20 inches and arm height 29-30 inches from floor.

The sports wheelchair, which has cambered wheels and a lower seat is wider and the overhead reach not as high as the standard model. The average distance needed for an adult in a wheelchair to make a complete circle is 60 inches of clear floor space. Minimum clear width for a wheelchair is 36 inches for a hall and 32 inches for a door. Minimum clear space for a T-shaped turn of 180 degrees is 36 inches in all directions. The minimum passage width for one wheelchair and one ambulatory person is 48 inches.

The average reaching distance of a seated adult: side reach maximum height overhead is 54 inches and the low side reach is 9 inches above the floor (Figure 2). This does not include reaching over an obstacle such as a counter. The maximum forward reach is 48 inches above the floor, also not over an obstacle.

Ramps: A properly constructed ramp is essential for the use of a building by anyone in a wheelchair. A ramp can replace stairs or be part of an accessible route to a building's entrance. An accessible route is the shortest possible path from a handicapped parking space to an accessible entrance. There should be at least one accessible route from a public street, sidewalk or parking space, to an accessible entrance, as well as from adjacent buildings.

Ramps are required as part of an accessible route anytime there is an elevation in the grade of the land that wheelchairs must manoeuvre. The maximum slope of any ramp is 1-12--this ratio means that for every inch of height in grade change, 12 inches of ramp length is required (Figure 3). The ramp length (or run) should not exceed 30 feet without landings, nor should the ramp rise more than 30 inches. The minimum width of a ramp is 36 inches. Because of inclement weather (snow, ice, wind, etc., some states have developed a second standard for exterior ramps and walk-ways; 1-12 remains the standard for interior ramps and 1-20 is the ratio for exterior ramps.

Landings are required at both the top and bottom of a ramp and should be at least as wide as the ramp (36 inches). Landings should have a 60-inch minimum length of clear space at both the top and bottom.

If a ramp longer than 6 feet will be used by ambulatory people as well, a handrail is needed on both sides of the ramp. The handrails should extend 12 inches beyond the top and bottom of the ramp and should have a clear space of 1-1/2 inches between the handrail and the wall. There should be a distance of 30-34 inches from the floor of the ramp to the top of the handrail. Children will require a lower handrail.

The two most common materials used for outdoor ramp construction are wood and concrete. Wood is easier and faster to construct, relatively inexpensive, and can last for years. Light aluminium is also often used.

All ramps and landings need a non-skid surface and should be designed so water will not accumulate. To do this for concrete ramps the surface must be textured. There are several ways to make wooden ramps non-skid: pebble-grained paper or sand mixed with paint. Every ramp must be custom built to conform to the specific site. Chapter 3 of How To Create Interiors for the Disabled provides detailed directions on ramp building.

A clearance of 18 inches on the latch side of the door allows for an easier and safer opening. A shelf attached to the exterior or interior wall of the structure and adjacent to the door, permits a wheelchair user to put packages down while unlocking and opening the door.

Stair Lifts: There are clearance measurements also to be taken into consideration when considering the installation of a stair-lift. These measurements do differ from stair-lift to stair-lift manufacture but as an average measurement, some 33” is required between the back of the chairlift seat and the wall/rails closest to your knees so not impede the travel of the lift.

Not all rises of stair-lifts are straight, many have curves and often around these curves the over-all width of the ‘step’ reduces considerable from the ’straight-step’ so ensure that the curved widths are measured carefully before ordering as the majority of stair-lifts are made to measure but curved ones made as a one off. Long legged people should also be measured to ensure sufficient clear space is available between the knee and stair-case edge. Weight to is important and all stair lifts have a weight limit so ensure your chose of stair lift will accommodate you safely.

We at ‘Disability Matters’ have discovered on our data bases information about the cost of stair lifts rising dramatically and we are investigating further to bring this revelation in the March 2007 issue.

For further information on stair-lifts and ramps see the revised Part ‘M’ of the Building Regulations of May 1 2004 on www.disabledaccess.co.uk or www.Building-Regulations.org

[17] DISABLED POLICE OFFICERS? Under the heading ‘Gloucestershire Constabulary - Police Constables, seen in a newspaper advert, The Gloucestershire Police Authority who are committed to Equal Opportunities are welcoming applications from people who consider themselves to be disabled who are currently under represented in their work force. Those wishing to join up should contact the police authority at the County Police Headquarters, 1 Waterwells, Waterwells. Gloucester, Quedgeley, GL2 2AN or log on to www.policecouldyou.co.uk to check your eligibility and suitability.

[18] ELDERLY STRUGGLE WITH 5 PERCENT INFLATION: Million of pensioners are facing financial hardship due to the largest and fastest rate of interest for 15 years. The increases in fuel, food and everyday goods are making it virtually impossible to make ends meet. As we have reported, the basic state pension will rise by only 3.6% and this increase is linked to the retail price index which is based on a shopping basket of goods that includes ‘luxury’ goods such as mobile phones and DVD’s so it is not a true representation of what a pensioner might purchase.

An official survey which measures the cost of living for a single pensioner reveals that inflation for them has increased by 5.1% between July and September 2006 which is the highest rise since 1991. In addition to this increase, the rise in energy costs, council tax and food bills have not been taken into account.

Help the Aged says that the current method of calculation is misguided as it fails to take into account many factors and everyday services. The government have conveniently ignored these ‘rises’ so the April 2007 increases can only be described as pathetic.

[19] ADVICE AND ASSESSMENT: The Mobility Centres around the country provide free professional information, advice and assessments to individuals who suffer from medical conditions are continuing despite fears of closure due to insufficient finance. Assessments include wheelchairs, driving, passenger and wheelchair, showers, baths, mobility equipment ,beds and chairs.

Appointments are required and they may be a charge. You will need a driving licence and glasses if you wear them to be assessed in a vehicle on a public road together with a driving licence and full insurance. ‘Disability Matters’ holds a full list of the centres and their locations which is available to anybody who requests it.

You can also find ’on-line’ assessments from SARA - which is part of the Disabled Living Foundation charity. You will receive full and impartial advice on various forms of equipment required for daily living by older and disabled people. Their help line number is 0845 130 9177 which is open from 10.0 am to 4.0. p.m. daily Monday to Friday.

SARA stands for self assessment rapid access. By keying in information over their website www.dlf.org.uk/sara about yourself, this will result in a detailed report suggesting the products that would be most beneficial for you. The information will include digital images, prices and details of where to buy. To register with SARA and find out about their services and equipment get on line.

[20] FOUR MILLION WILL NOT AFFORD WINTER HEATING: Four million householders will not have the money to pay the average winter fuel bill of £1000 warns Ofgem the official government watchdog. Fears grows that thousands of elderly, vulnerable and disabled people may die this winter due to fear in running up high bills.

Ofgem are asking the Government and power companies to find someway of identifying and helping poorer households which face a choice between heating and eating. Thousands of elderly people put themselves at risk from the cold and damp because they are afraid to run up bills.

People with existing health problems are particularly at risk of dying during the winter as they often have low immune systems and cold related illnesses and reside in poor and inefficient housing which are not energy efficient.

Vastly increased state pensions and benefits would help this scandalous and repeated situation year after year. The forthcoming 3.6 per cent rise in April 2007 will do nothing, infact it has already been consumed in many of the other day to day increases being experienced five months before its paid. Thankfully, Age Concern, Ofgem, Help the Aged and other charities are concerned with the lack of help and are constantly drawing the problems to the non-listening Governments ears.

[21] MP’s ATTACK THEIR OWN GOVERNMENT: Labour Members of Parliament have joined other political party members to complain about the need of benefit claimants to be forced to grapple with 55 separate help line numbers when trying to contact the Department of Works and Pensions. Other complaints unearthed have been the deplorable record of failing to reply to correspondence and leaving millions of disabled, jobless and older people hanging on high charge telephone lines.

The decision to close hundreds of local offices which ‘Disability Matters’ reported on in 2006, with 62 call centres, has caused considerable anguish to all vulnerable people who find it difficult to speak to staff over the telephone. In fact it was the closure of these offices and other matters that lead to the formation of the Law and Benefit Review Website as it was clear then that these closures would lead to problems for all state benefit and pension claimants.

[22] TEMPORARY BLUE BADGES: Calls are being made for temporary blue badges to be issued to children under the age of two years suffering from injuries such as hip displacements which may leave them immobile. The government committee DPTAC did in 2002 suggest to the government in their report on Blue Badge improvements and recommendations, that the blue badge scheme should be extended to include children under the age of two years whose medical condition included the carriage of heavy or bulky medical equipment should also be issued with ‘temporary’ blue badges but this is yet to be adopted.

The Department of Transport is apparently still in the ’negotiation’ stage of these and other proposals and hope to publish further draft recommendations by the end of 2006.

The current blue badge regulations say that children under two do not qualify for a badge because they would not normally be expected to be able to walk independently but organizations caring for such children meeting one or more the qualifying criteria may be able to obtain a badge but this is entirely at the discretion of the local authority in whose area the organisation is based. See Item 3 of The DETR publication ‘The Blue Badge Scheme’ that should have been supplied with your Blue Badge.

[23] ARTHRITIS RESEARCH CAMPAIGN: This charity is the only UK charity committed to finding a cure for Arthritis for seven million suffers in the UK. No funding is received from the government and they rely totally on public support .

For more information contact www.arc.org.uk or call 0870 850 5000 between 0900 and 1700 hours. The charity also produces a quarterly magazine when you donate £20.00 or more or you could join the charity by contacting the same website or telephone number.

[24] WHEELCHAIR AND SCOOTER USE AND CHOOSE: Before choosing and purchasing a wheelchair or scooter think about why you want it. The prices range from £85 for a light weight travel chair weighing about 22 lbs which has limited and occasional use in shopping centres and airports and other short distances and may be easily lifted into a car trunk by a carer/helper/assistant up to £3500 or more for a top range model which few people will require unless you propose to enter into wheelchair racing.

HAND PUSH WHEELCHAIRS come in various designs. Some wheelchairs have small wheels requiring somebody to always push the chair and occupant whilst other styles have a larger rear wheel which permits the occupant to propel him/herself along without the necessity of ‘pusher’ except when negotiating kerbs or inclines. This type of wheelchair is not suitable for people suffering from arthritis affecting the arms, wrists and shoulders. Wheelchairs fold up by pulling the seat upwards so that the arm rests draw together and the leg rests and supports being pulled against the side of the frame and fixed. Ensure that you purchase the lightest wheelchair you can afford as some wheelchairs can be very heavy for people to lift into car trunks resulting in possible back injury. Basic wheelchair seats are fairly low so it may be necessary to purchase a padded foam cushion available from most Mobility accessory shops which raise the height of the chair seats and provides additional comfort.

Also check the width of seat which vary from about 18” to 24”. The leg supports are often adjustable but as with anything try the wheelchair out for yourself for comfort, compatibility, size and be sure that the wheelchair you choice will cope for the needs for which it will be used. Light weight wheelchairs will not stand up to rough ground for very long as the light metal will twist and bend.

NHS hospitals have wheelchair centres offering a limited range of rather heavy wheelchairs. They will assess you for your needs following the receipt of letter from your doctor and the wheelchair we be provided free of charge. It will be serviced and any repairs carried out freely.

[24]POWERED WHEEL CHAIRS AND SCOOTERS: The choice for this form of mobility is almost limitless. Prices too vary as you would expect, but in the annual sales you can purchase most styles of powered wheelchairs or scooters to suit all needs from about £375.00, reduced from £1350 as I did last January 2006 in Poole, Dorset. Check out the internet, look at the Sunday newspapers, disability organisations who publish their own ‘in-house’ magazines all of which have adverts for scooters and wheelchairs all year long.

[25] SECOND HAND DISABILITY AIDS: It is always a treat to find a bargain when shopping but when it comes to expensive items such as powered scooters, wheelchairs, orthopaedic beds and chairs some care must be taken before purchasing one of these items which you have not been able to afford before but the advert tells you that you now can.
Often these items are sold for far below their true value by relatives to get them out the way and believe you me there are many bargains to be had in these adverts - but two warnings, one concerns the electrics and the other any guarantees offered.

There are laws in existence concerning the sale of any equipment that has to be operated by electrical power. Before the sale takes place, the objects electrical parts and wiring must be inspected by a registered electrician and a certificate issued as to the competency of the equipment to be used. Technically no sale should take place without this certificate and if any faults are found in the wiring or a electrical component that causes injury or death then the purchaser has no come back whatsoever on the person who sold it and indeed the seller could face prosecution by Trading Standards Officers from the local authority.

The second point concerns so-called ‘guarantees’. The person selling the goods can provide no lawful guarantee as he is not qualified to do so and normally such goods are sold ‘as seen’ as we say in the UK. The makers guarantees cannot normally be transferred from the original purchaser to a second party. I have yet to see or hear about such a transferable guarantee no matter how long it has left to run. There are some insurance companies that might insure the equipment for you but this would be subject to the electricians certificate of competency.

As with purchasing anything from advertisements placed by private individuals you pays your money and takes yer chance whilst with purchases from shops and businesses who sell second hand disability aids you may have some come if anything goes wrong as the equipment must be sold as having been checked by an electrician. Many shops such as charity shops will not take in any electrical equipment to sell on because of the legislation covering the sale of such items.

[26] DISABILITY EQUALITY SCHEME [DES]- UPDATE: As previous reports in the LBR will testify, we have reported that this newly formed organisation will commence its undertakings on December 6 2006. As time draws on, all public sector organisations will have to ensure that they consider disability equality in the their work. The ‘public sector’ not only includes local government and local authorities but the NHS, police, prison service, Home Office, governing bodies and educational institutions.

The Disability Equality Scheme is committed to promoting equality of opportunity for people with disabilities in the way it employs its staff, delivers services to, and consults with, the disabled people generally. It recognises that people with disabilities have different needs and aims to treat everyone fairly, without discriminating. The Disability Equality Scheme is part of a number of three year equality schemes which address Equality and Diversity Strategy.

The Disability Discrimination Act 1995 has been amended by the Disability Discrimination Bill 2005 to place a duty on all public sector authorities to promote disability equality, from December 2006. This duty will have a significant impact on the way in which all public services are run and on improving the lives of disabled people. It will align the Disability Discrimination Act 1995 with the Race Relations (Amendment) Act 2000 to:

• eliminate unlawful discrimination;
• promote equal opportunities;
• eliminate disability related harassment;
• promote positive attitudes towards disabled persons;
• encourage participation by disabled persons in public life.

The ‘duties’ of the DES will comprise of six parts and every public authority will need to have due regard to the following:

[a] Promote equality of opportunity between disabled persons and others.
[b] Eliminate discrimination that is unlawful under the Disabled Discrimination Acts 1995 and 2006.
[c] Eliminate harassment of disabled persons that is related to their disability.
[d] Promote positive attitudes towards disabled persons
[e] Encourage participation to disabled persons in public life, and
[f] Take steps to take account of disabled persons’ disabilities even where that involves treating disabled persons more favourably that other persons.

These six points must set out in a disability equality scheme which will identity barriers faced by disabled people, set priorities for action plans, assist planning, monitor initiatives undertaken and review and revise them.

These six points will affect mainly those disabled person who work and the affect that being disabled has on their working environment and employers. The Code of Practice will have for instance include due regard to people with disabilities generally, take into account the effect of colours that can affect the mobility of people with visual impairments, how easy wheelchairs can move around an office space, toilet, lifts, etc. adequate supplies in hospitals of specialist equipment needed to access hospital services. Computer set ups, suitable chairs, work positions, etc. Disabled car parking spaces, accessibility into buildings, disabled toilets, etc. etc.

Clearly we have only touched on this new agencies mandate so may we suggest that you insert ’Disability Equality Scheme’ into your website top bar and seek out the most effective website that would cater for your needs of employment as it would appear that everybody that will be affected by this new agency have responded in their own way to the new regulations which is a good sign that they are all taken the new issues seriously. It is virtually impossible to find one website the generalises on the subject. [Gen. Jan 07]

[27] WHOSE GOING TO PAY FOR LONG TERM CARE?: The UK’s increasing ageing population is giving the government a big headache as to the implications of the increase in state pensions and statutory retirement age. The issue of how a fair system is to be achieved of financing long-term care has almost been forgotten.

A recent publication entitled ‘Long-Term Care’ includes the complex issues surrounding the cost and the inequity of, such care. As will be seen from the following extract from the report by the Joseph Rowntree Foundation, there are three main ways in which the current system is according to the report ’inadequate’.

[1] There are already signs that needs now are not being met and without any change, private individuals will have to pay themselves for a growing share of the constantly rising costs and many will find this hard to find, if at all. Hundreds of people who have retired from business have already found themselves without a private pension and now they may also have to contribute towards their state pension which many assume that they have already been contributing to whilst paying the NIC contributions all their working life.

[2] Multiple funding from different agencies create confusion because of over-lapping ways of paying for care with different standards and qualifications.

[3] The fairness in which funding is issued often causes resentment as people assets and income are considered prior to state funding being given. Another case of giving it in the left hand and taking from the right.

The Joseph Rowntree Foundation has published a report on this subject which says that its time the government recognised that the majority of the future elderly population will need long-term care at some point in their lives and makes various suggestions on how to overcome the problem. The last time this type of reform was suggested in 1990, the Government run away scarred now look at the mess. Are they hoping it will go away? [Care file]

[28] BLUE BADGE PROBLEMS: Up to half of all disabled parking badges in London are being used illegally, according to the Local Government Association (LGA). It is estimated that badges are now changing hands on the black market for up to £500. A recent crackdown by spending watchdog the Audit Commission led to nearly 5,500 badges being cancelled in Manchester, Merseyside and London. The badges allow free and unlimited parking in pay and display bays and are also being used to evade congestion charges.

They also allow parking for up to three hours on yellow lines. The badges do not carry a car registration number and have a photograph only on the back, so they can easily be transferred between vehicles and drivers. Douglas Campbell, of the disabled drivers' charity Mobilise, has called for tougher enforcement. "The trouble is, the system has just grown over the years without a lot of thought to the security implications," he told BBC News.
"The people who are behind the screen - the people who actually operate it - are largely probably not aware of the huge problems that are being incurred."

In May 2006, the Audit Commission revealed nearly 5,500 blue badges in London, Merseyside and Manchester were cancelled after it was discovered they were being used after the holder had died. Its report also found that a number of blue badges had been reissued in London after the people entitled to them had died.

They included four badges in Wandsworth, which had been used 347 times to avoid paying the congestion charge, ten in Barnet, used 80 times, and two in Camden, used 227 times. Charges were brought against a solicitor, a bank employee and a care home manager.

According to the Audit Commission badges are now changing hands for around £500 on the black market and the LGA says it believes up to half of the badges in London are being used illegally. The abuse is widespread in many UK cities and Manchester City Council is so concerned it is now using undercover surveillance to catch badge-abusers.

Head of street management Martin Lee said it was difficult for parking attendants to check if badges were being used illegally.

"Our parking attendants who have beats within the city centre reported to us that, in certain areas, there is a high preponderance of disabled badges. "It's difficult to say how many are legitimate and how many are not because, obviously, any disabled badge holder from anywhere in the country can come and park in Manchester."

Is it not time to scrap the Blue Badge system in England and Wales as it stands now and start afresh with proper scrutiny and checks on all applications, return of expired badges before new ones are issued, increased policing of the scheme and only issuing blue badges to genuine disabled drivers who for instance receive the higher rate of mobility from the Disability Living Allowance. The receipt of this benefit confirms that the holder that benefit has been medically examined to receive the benefit and is re-examined from time to time when necessary and would then qualify the receiver to hold a blue badge as being a genuine disabled person. Not issue these badges to virtually everybody who applies for one with no real claim to being ‘disabled’ in any sense of the word. The current regulations roughly translated say that at the very least a holder of the Blue Badge is severely restricted in his/her ability to walk very far without an aid such as a walking stick or frame. How many people do you see displaying a blue badge in their car and then walking away completely unaided? Until the laws are tightened up and the issuing of blue badges more effectively controlled the problems above will continue and continue making the whole system a laughing stock. One can only wonder why other EU countries do not have these problems. I can tell you, vigorous policing by municipal traffic police and wardens, heavy fines, vehicle towed away and imprisonment for persistent offenders - whoops, sorry, all the prison cells are full up here so this would not work!

Deja vous or what! Both Tesco plc at their Kingsmeadow site in Cirencester, Gloucestershire and Gloucestershire Hospital Trusts have commenced the clamping of vehicles parked in all hospital disabled parking bays without displaying a Blue Badge. Tesco are imposing a £25 clamp release fee and the hospital trust a £70 clamp release fee. The Trust has employed an outside contractor at all their sites to ‘police’ the parking problems and at Tesco we think that the local staff will carry out these duties.

Zero tolerance approaches are finally beginning to bite to curtail the use of parking bays reserved for disabled drivers by ignorant people who are unable to use supermarkets unless they park as close as they can to the entrance leaving genuine disabled drivers to walk unacceptable distances. Lets hope this is just a beginning and such approaches are made everywhere.

TRAVEL NEWS

[a] CROSS YOUR LEGS: South West trains are ripping out the toilets on their computer trains to make space for more seats. The number of toilets are to be halved on its 28 trains to one per train whilst fares increase. In addition to these reductions, 270 seats are to be removed to provided extra standing room. How many spaces will be provided for disabled wheelchair users? We suggest that anybody suffering from incontinence should now avoid train journeys as the manner in which passengers are being ‘packed in’ any such sufferers would never reach the one toilet in time! Why don’t the railway companies increase the number of carriages on their trains rather than pack human beings in like cattle. If truth be known, animals would not be permitted to travel in such conditions as humans are being subjected to without massive outcry's.

[b] FARE INCREASES ON THE RAILS: New Years Day, January 1 2007, delivered up a 11% rise in rail fares. Passenger groups are saying that this will drive thousands of former passengers back onto the road despite the fact of escalating congestion charging, higher vehicle excise duty for many vehicles and road pricing.

The conditions under which rail passengers travel in ‘rush-hour’ periods is often described as appalling with overcrowding, no seating, lateness of time table operation and cancelled trains. These increases are pricing passengers of the rail net works into a road system that in ten years is to become grid locked.

[c] AIR TRAVEL GREEN TAX: The December 6 2006 Pre-Budget speech included a rise in air travel taxation. Depending on the duration of most flights, increases may range between £5 and £40 on each passenger air ticket purchased.

MOTORING NEWS

[a] NEW ADVICE ON PARKING IN EUROPE: The Department for Transport [DfT] the National Assembly for Wales [NAW] and the Scottish Executive Development Department [SEDD] have issued a new booklet, Product code TINF 140, informing disabled motorist and holders of a United Kingdom Blue Badge on how and where to park in European Countries. We at ‘Disability Matters’ give this publication 10/10 and recommend that you do not leave the UK in a car without it.

It is also vitally important to adhere to the advice, country to country, that often refers to ‘local concessions’ and for you to find out exactly what they are before parking as you may well end up with a heavy fine and/or the removal of your car by the police which will result in a even heavier fine and payable before your can drive it away.

No Waiting and No Parking signs in many European countries are often different to those in the UK so it would be worth while finding out what the signs mean before parking due to the possible consequences as described above. Page 21 of the new publication give an idea of the differences in the signs but they are not comprehensive enough to rely upon.

The publication is entitled ‘European Parking Card for People with Disabilities’ reference product code TNIF 140 and can be obtained ‘free’ of charge from either the DfT by calling 020-7944 6800 or the NAW by calling 02920 826501 or the SEDD by calling 0131 244 0860/0869.

[b] CONGESTION CHARGING BEING TRIED ON MOTORWAYS: This controversial scheme appears to have arrived with suggestions that sections of the M25 orbital motorway around London will now charge motorist travelling at peak times along an identified section. Other areas such as Birmingham, Manchester and Cambridge are also prime targets for charging experiments. The scheme will operate on a similar tracking device as Global Positioning Systems [GPS or ‘Sat Navs‘], fitted into motorist cars and a chargeable rate of around £1.34 per mile charged. Who is going to pay for this device? No exceptions for genuine disabled drivers so far although ‘Disability Matters’ have an assurance in writing from the Department for Transport that every consideration would be given to holders of the higher rate of mobility of Disability Living Allowance, for concessions to be given. Without concessions being given to genuine disabled people who receive the higher rate of mobility, their general mobility outside their homes will be seriously affected as they, and other drivers, will not be in a position to pay up to £1.34 a mile during ‘rush’ hour periods which could include times when hospital and clinic appointments are libel to occur or certainly journeys will start during such periods. Those in receipt of limited pensions and state benefits are feeling the effect of increased prices of utility and consumer bills now, and any further financial additions to this existing hardship will cause horrendous financial problems in order to maintain their existing mobility but lets wait and see. Disability Matters will take every opportunity to remind the government of the need for ’exemptions’ or ’concessions’ if congestion charging is to be fully introduced.

There is still much to be carried out. Vehicles will have to be fitted with the monitoring equipment but how will they be chosen? Motorist from Lands End to John O’Groat’s could use the M25 on route to the channel ports so will this mean that we all will have a racking device fitted ‘just in case we use the M25’ Big brother again, n’est pas? [file]

[c] GENUINE DISABLED PEOPLE CARRY OUT TESTS: At long last, genuine disabled and older people are being used by Ricability to carry out testing of alarms, assessed telephones and telephone services and are contemplating the testing of vehicles by genuine disabled drivers.

Don’t you just hate it when a clearly ambulant individual who grins from the start of the advert to the end and has nothing visibly wrong with him, charms you into buying a shower, bath lift, scooter or some other mobility aid and at the end picks up a scooter and merrily places it in a cars trunk all on her own and later strids un-aided with it into a airport building without any mobility aid to assist her walking. The adverts reflect many of the blue badge holders that I see displaying their badge on their car then marching into the store without a care in the world.

[d] THE EYES DON’T HAVE IT: Some 20% of motorist failed a simple eyesight test carried out by Vision Express at a motorway service area on the M4 recently. Those failing the test could not read an index plate on a vehicle 20 meters from them which in the traffic conditions we all face today is down-right dangerous. The older we become, the worse our eyesight becomes, with problems such as Cataract’s burring our vision. Those suffering from such eye problems are a danger to themselves and others and insurance companies will not insure or payout if accidents are due to poor eyesight. The DVLA will also suspend driving licences for people suffering with poor eyesight until their problems are fixed and the police have the power to test eye sight and stop people driving away if they fail the test and also inform the DVLA of all such failures. It would appear that those tested on the motorway were unaware of the condition of their eyes but this is not an excuse for failing eyesight.

The European Commission is investigating driving standards across the EU and the findings are that 2.5 million UK motorist have defective eyesight, sufficient enough that they should not be behind the steering wheel of a vehicle, sufficient enough to have a driving licence suspended and sufficient enough for your insurance company to say NO when you make a claim. Have your eyesight tested regularly. Over 60’s do not have to pay in the UK so protect yourself and others by visiting the opticians once a year for free advice and tests.

[e] ONE IN THREE IS ILLEGAL: Almost one in three vehicles on UK roads is there illegally. In other words nine million out of 30 millions vehicles should not be on the road. These nine million vehicles are all breaking one key law. NO insurance or NO driving licence or NO vehicle excise licence or NO registration in the current owners name, NO MOT Certificate or simply un-roadworthy due to defective tyres or steering or suspension or lights or rust or disqualified from driving or stolen or unlawfully in the United Kingdom or a combination of any of these illegal activities, so what is being done about it?

[f] AVOID FOREIGN TRUCKS: British motorists lives are being placed in jeopardy by foreign lorry drivers who are driving excessive hours. The articulated lorry’s are often overloaded and un-roadworthy, as a recent inspection by the Vehicle and Operators Service Agency showed, when 77 lorries out of 277 that were stopped were seized and taken off the road in the UK after rusted brakes were found, dangerously over-loaded, bald tyres, uncompleted record of work sheets and tacker-graphs tampered with. This multi-million pound/euro ‘foreign’ industry treat fines with almost contempt and the loss of an un-maintained vehicle in another EU country is hardly missed.

Vehicle index marks issued from the former Russian boarder - Afghanistan - India - Eastern Europe - Turkey - North Africa are difficult to trace as many of these countries are not members of INTERPOL or another agency from where owners of vehicles may be traced and the vehicles/drivers paper work difficult to clarify. What chance has a UK or EU motorist have to make a claim for the aftermath of an accident?

[g] BARNET COUNCIL HUNTS BLUE BADGE HOLDER: The London Borough of Barnet have recently sent the Bailiffs to a disabled Blue Badge holders home to repossess and sell his car for alleged unpaid parking tickets which were issued illegally in the first place due to wrong dating procedures on the issued tickets.

[i] FRENCH SPEED CAMERAS: For those who journey through France for their holidays may well have noticed that the location of speed cameras are not as well marked as they are in the UK although they are becoming so but still less obvious than our bight yellow ones. Admittedly ,half of the signs in the UK indicating a speed camera are false and you can never be certain if there is a camera there or not but in France, if you see a sign, then a speed camera will be there somewhere. Unlike the UK, the camera’s in France are not so easy to spot, and are often ‘hidden’ and are not painted bright yellow but blend into the background, so slow down and keep to the speed limits as being caught by the French traffic police will be expensive and inconvenient if you do not have the euros on you to pay the fine.

Now, before you travel, you can log onto www.viamichelin.com or www.viamichelin/gbr/tp/hme/MaHomePage.htm to find the exact location of all speed cameras through out France and for the UK camera locations check out www.abd.co.uk

[j] M6 TOLLS UP: For non-disabled drivers, the M6 toll motor way tolls charges have increased to £4 from January 2007. Prior to using the toll route - disabled holders of a Certificate to Entitlement to Disability Living Allowance or a War Pensions Mobility Allowance may apply for an exemption pass to enable you to use the toll road without charge. The fact that you hold a blue badge dose not entitle the holders for a free use of the toll road.

Genuine applicants must submit an application form along with certain documentation and a cheque/credit card for £15 for the initial and subsequent applications which, if the application is granted, will last for three years before it needs to be renewed.

Applicants should contact 0870 850 6262 for an application form.

[k] VEHICLE EXCISE DUTY: Whilst reference was made to VED in the Pre-Budget speech, no additional increases were announced to those already in existence which came into force in the third quarter of 2006 with a maximum payment of £210 for a ‘G’ class vehicle emitting over 225 kg per kilometre. For full details on how to work out how much your next VED will cost go to either www.direct.gov.uk or www.dvla.gov.uk or www.vcacarfueldata.org.uk. Remember that it is not just large 4 x 4 vehicles that are in the top class of the ’G’ category. Many everyday family cars surprisingly are in this class. There are commencement dates for these new ‘duties’ which vary slightly. On or after March 1 2001 based on CO2 emissions and fuel type of car on or after March 23 2006 on CO2 emissions over 225g/km and fuel type.

EURO-NEWS

In view of 2007, European Year on Equal Opportunities, the European Foundation Centre is currently preparing a publication “Guide on Disability Mainstreaming”, Guide on how to include persons with disabilities and disability issues in organisations and their activities.

The objective of the publication is two-fold: - to provide an overview of practical guidelines and examples of good practice on how organisations, regardless of whether they work directly in the disability field or not, can integrate persons with disabilities and disability issues in their organisations and activities.

To present examples of organisations (both ordinary and social economy organizations) that are already promoting this approach. The European Foundation Centre requested the support of its member organisations to gather examples of good practice to illustrate the various sections of the publication, such as: - employment, including policies, advertising and recruiting, selection process, job development and retention - education and training, both for children and adults - products and services, design, production and delivery of products and services accessible to all - health care - leisure time, including art and cultural life, sports and recreation, etc. - access and accessibility, including physical and architectural barriers, service provision, written and spoken information, events, attitudinal barriers - access to finance All these issues will include general guidelines on how to integrate disability issues and mainly about the main barriers that persons with disabilities face in these areas and how they could be overcome. The collected examples of good practice will be added to illustrate the guidelines.

COPYRIGHT NOTICE
JANUARY 1 2006

We maintain all our rights to written material on this website which may not be reproduced, copied, distributed, transmitted, published or broadcast as individual articles or as a whole without prior permission in writing from Disability Matters of P O Box 5, Unit 6, Corinium Centre, Cirencester, Gloucestershire, GL71AA, UK.

We also maintain our rights in the following names and headings as all rights have been reserved and registered with J4B Grants UK Ltd. [1] Disability Matters [2] Law and Benefit Review [3] Law & Benefit Review and email addresses with Yahoo.co.uk

Disability Matters would like to point out that the accuracy of any statements made by ’Disability Matters’, outside agencies, organisations or associations cannot be guaranteed or endorsed.

Good Health, See you in February 2007