Law & Benefit Review

We have been aware of our success as the recorded ‘hits’ on the ‘beehive’ web page have almost doubled each month and presumably so have the ‘hits’ to the website you are viewing now www.lawandbenefitreview.co.uk. In order to remain within the levels of the negotiated costing with our webmaster, we have reduced the content of this months and all future months ‘Law and Benefit Reviews’ on this website until we can secure another financial supporter.

So, from now on or until we receive some more funding, this website will contain articles, features, editors blog, and updates only and the other features plus many ‘new’ features may be found at www.beehivethisisgloucestershire.co.uk or beehive gloucestershire. The ‘motoring’ and ‘euro-news’ sections have already been running on the ‘beehive’ site for two months now with considerable success.

We continue to appreciate your support, emails, letters and telephone contact and sincerely hope that they will remain coming in as they are valuable to all of us. So, may we suggest that after updating yourself with the news here, you log onto the ‘beehive’ at www.beehivegloucestershire.co.uk for all the other news. It is but a ‘click’ away.

[1] WWW.BEEHIVETHISISGLOUCESTERSHIRE.CO.UK: We have received many enquiries asking what the above website is. The Gloucestershire County Council operate this website freely for all charities, associations and organisations within the county.

We at ‘Disability Matters’ use the website on a almost daily basis updating those who log onto our web pages with all the latest news relating to disability headlines, benefits, pensions, access, etc. in the same way as the ‘Law and Benefit Review’ does on a monthly basis. Each day, news items appear on one of the two ’News as it Happens’ pages which are updated throughout the day with the latest facts from our databases. From March 2007 onwards it may be that we can extend the coverage of news items on the ‘beehive’ site and thus eliminating the need for surfers to wait one or two months for the whole article to be shown. We will see in due course.

Most items are left on their respective pages for seven days and then cleared to make space for new headlines. As it is now, most of the articles are concise and to the point with a fuller version being shown in the following months LBR. The ‘beehive’ web pages, Home Page, Motoring News, News as it Happens, Monthly Updates. Euro-News, Euro Legislation, Editors Blog’ and Legislation & Westminster and hopefully these pages will be extended.

Urgent and Important issues such as the December 2006 article on the registration of grade 3 scooters and wheelchairs with the DVLA was given extra space to cover the subject more fully and will remain there until the space is required for new features.

[1] Killers and violent criminals are receiving more than £2.300 per year in tax credits to top up wages they earn on day release. This lop hole in the law was discovered by prisoners applying for the benefit before their release. This grotesque abuse of public funding has revealed that 602 inmates are entitled to this benefit. All political parties have condemned this access to the benefit system but as it stands in the moment prisoners are entitled to this benefit as everybody else. [2] Seven million people have ditched their credit cards as the fall victim to card fraudsters and are reverting to cash. [3] The Government have spent £300 million on anti-viral drugs to protect us from a deadly flue pandemic may not be enough against this threat. [3] Up to May 2006, the government passed 3621 pieces of legislation or ten new sets of rules or regulation per day to controls us. Some of these ‘controls’ include gardeners in Cheltenham cannot plant pansies in case their wrists were damaged on tree routes and Tewkesbury Council have banned paper napkins from their meals on wheels service for fear that their elderly clients would mistake them for part of the meal. [4] South West Trains, the ones that removes toilets from their carriages, has been condemned by the Disabled Persons Transport Advisory Committee [DPTAC] because the electronic information stripes that flash up journey details inside carriages were 3 mm below the approved 35 mm which affected partially sighted passengers who could struggle to read the information [5] The NHS has 264,012 administrators and 175,646 beds. Nearly two administrators per bed [6] There are 42 ‘quangos’ in the healthcare sector alone, [7] In a drive for so-called ‘higher standards’ in care homes, the Government instigated a ban on care home assistants who had not taken the latest vocational qualification even if the had 50 years experience in the field. The new restrictions forced many care homes to close, and led to a serge in elderly ‘bed-blocking’ in hospitals who were then unable to find care home accommodation. [8] The Biometric passports which we were all told are impossible to forge can be so by using a gadget which can be purchased over the internet for less than £100. We are now paying £66.00 for a piece of paper in a cardboard cover which is not worth the value of the paper and cardboard insofar as security is concerned. It also means that all the information that has been included in the passport via the biometric strip such as full name, date of birth and who knows what else could possibly be used to produce a duplicate passport which will be accepted by banks and others as proof of identity. [9] The drugs watchdog, the National Institute for Health and Clinical Excellence is refusing to say why it is denying 1000’s of Alzheimer patients a £2.50 medication on the NHS. [10] On the spot fines are costing the tax payer £1.65 million a year as they do not even cover the cost of the police giving them out. [11] How is that sex offenders, murderers, robbers, child molesters and burglars cannot be found prison cells because the prisons are completely full in which to serve their sentences, whilst elderly pensioners who fail to pay their council tax for what ever reason can be accommodated? [12] UK immigration has once again lost the plot with hundreds of thousands of eastern European immigrants arriving at smaller airports where security is low key and consequently the immigrants fail to turn up on official entry lists as no such information or records are kept there. [13] There is a disproportionate amount of infectious diseases brought into the country by immigrants such as HIV, Tuberculosis, Malaria who could work in the hotel and catering industry, hospitals, care, social services, etc. immediately without the need for a medical. This is completely contrary to EU legislation where all such workers are forced to obtain clean bills of health before commencing such employment [14] 5.5 million UK born residents have opted to live abroad, that’s 10% of the population, or 67.500 per year. [15] 30 million plus must continue to work longer for their state pensions following the 2006 shake up. [16] 100,000 drink and drug addicts are currently claiming what’s left of the Incapacity Benefit. [17] Bed blocking in Wales is becoming such a problem with 700 beds in hospitals being used by patients well enough to leave hospital but have no care places to move to. A ‘review’ has been ordered. [18] 8 of 10 of the Sangatte immigrants allowed into the UK 4 years ago following Blunketts approval are still claiming unemployment benefit whilst the rest have never worked at all. [19] Blair intends blowing a further £20 billion - yes billion, on yet another NHS commuter database so that GPs can access the medical reports of a house-bound disabled person receiving 24/7 residential care from Lands End to John O‘Groats. [20] The UK tax payer contributes £100 million per year providing translators for non-speaking immigrants entering the UK. [21] NHS patients receive less than £1 on NHS funding whilst £6.5 billion is spent on NHS quangos, wastes £1.3 billion on consultants and hires more NHS managers the frontline staff. [23] Whilst Gordon Brown urges leading energy suppliers to offer more discounts to older customers and those on low income, families are about to face yet higher power bills to pay for the renewal and extension of gas pipeline and the electricity grid despite the fact that utility prices have fallen to levels lower than they were before the price war started this time last year. [24] USwitch the independent price comparison internet operator has been accused of failing to provide clear information to consumers on power deals. Energywatch are keeping an eye on all websites supplying energy saving information to the public. [25] Despite the cut of 2500 post offices in December 2006, that still leaves 14,000 offices country wide but that does not help unless there is a post office in your village. [26] Are inflation busting council tax rises of 5.8% on their way this year? [27] Immigrants waiting to settle in the UK are to be quizzed on ‘how to claim benefits’ rather than on say UK history. [28] Identity Cards are on the way from 2009 onwards and becoming compulsory with passports in 2010 BUT - see article 1 below. [29] Royal Mail has increased the price of both 1st and 2nd class stamps be 2p each as from April 2007. [30] Patients will be able to keep their details off the new NHS ‘big brother’ computer is they wish - see article 15 below. [31] Lazy UK citizens on state benefits will have them cut or taken away if they refuse to work and allow migrant workers to take jobs which they could do. [32] The European Court of Justice has been asked to judge on the law that allows employers to force workers into retirement at 65 following the UK governments implementation of EU rules in October 2006. [33] MP’s say that the Royal Mail is failing customers. A recent survey described the service as ‘chronically poor’ with millions of parcels and letters being lost, stolen and damaged each year. [34] The UK tax payer contributes £100 million per year providing translators for non-speaking immigrants entering the UK [35] Whilst Gordon Brown urges leading energy suppliers to offer more discounts to older customers and those on low income, families are about to face yet higher power bills to pay for the renewal and extension of gas pipeline and the electricity grid despite the fact that utility prices have fallen to levels lower than they were before the price war started this time last year. [36] USwitch ,the independent price comparison internet operator, has been accused of failing to provide clear information to consumers on power deals. Energywatch are keeping an eye on all websites supplying energy saving information to the public. [37] Despite the cut of 2500 post offices in England and Wales there were still be some 14,000 offices but this is not much help if there is not one in your village. UPDATE: Post boxes are also disappearing at an alarming rate [38] Identity Cards are on the way from 2009 onwards and becoming compulsory with passports in 2010 BUT - see article 14 below. [39] Royal Mail will increase the price of both 1st and 2nd class stamps by 2p each as from April 2007. [40] Patients will be able to keep their details off the new NHS ‘big brother’ computer is they wish - see article below. [41] Lazy UK citizens on state benefits will have them cut or taken away if they refuse to work and allow migrant workers to take jobs which they could do.

[2] BETTER CARE IN GLOUCESTERSHIRE: New care for the elderly in the County has been revealed, with a further promise of betters facilities for more people. In early 2006, the Gloucestershire County Council announced that it would replace sixteen care homes across the county with new facilities.

The Paternoster House in Cirencester is to be replaced with 40 nursing care beds and a 20 bed dementia care unit and 20 extra care apartments. The redevelopment of the Ashton Care Home in Stow-on-the-Wold will create 35 extra care apartments. An improved centre at Salmonsbury House in Bourton-on-the-Water in the North Cotswolds as part of a health campus at the Moore Cottage Hospital, will include 15 extra care apartments, 40 nursing beds, 20 dementia beds and 10 intermediate beds. All the facilities are to operated by the Order of St Johns and will include on suite bathrooms. For more information look at www.ageltd.com

[3] EUROPEAN UNION HEALTH INSURANCE MEDICAL CARDS - SPECIAL: Unfortunately, this subject has appeared for the forth time in eight months as certain members of our society cannot understand that when they are outside the United Kingdom things work differently. Good old blighty has been left behind even if it is only for a couple of weeks.

Pensioners in particular appear not to understand that the new EHIC system that came into force in January 2006 does not under any circumstances guarantee full, 100%, payment of any medical care whilst in another EU country for any holiday maker or UK retired citizen with a holiday home in any EU country, and does not in any way guarantee free prescriptions for medication and yet an increasing number of pensioners are complaining to newspapers, the government and other outlets of media, that they have been forced into purchasing their own medication whist abroad whilst at the same time within the UK the medication is free. Yes it is - in the UK.

What part of the information provided with the new card and elsewhere can they not understand. Can they not understand that they are not in the UK when in their holiday home or on vocation in another EU country and therefore their medication is not handed out free outside the UK as it is in the UK but is issued in compliance with the system in operation in the country that they find themselves. The production of a EHIC card to a pharmacist whilst on holiday or semi-residency in any EU country will not produce free medication or oxygen. Pay up, and if you are that desperate for the return of the money you have paid out which is at least half of that you would have paid in the UK if you were not a pensioner then claim the cost back from the NHSD when you return to the UK. It takes six months or more to receive it!

The information available concerning the conditions under which the EHIC card is supplied says that if medication is purchased as a result of illness whilst abroad, the cost will be refunded following the completion of an application form back in the UK which must be accompanied by the receipts for the medication. What’s so difficult about that? Some hospitals also make charges for medication whilst patients are in their care so again documentation will be required and a receipt for the payment in order for the outlay to be refunded back in the UK. No receipts - no refunds.

Admittedly there are one or two anomalies with the system because the EHIC card is only issued in the language of its origin [English in our case] and in effect presumes that the Greek, Turkish, Italian, Spanish, German, Belgium, French, Corsican, etc. pharmacist’s will recognise and accept the card at face value as the majority of pharmacists can read and speak English but in any case the card will not provide you with free medication. under any circumstances. The EHIC card is identical and easy recognisable in all EU countries and is printed in the issuing countries own language so the production of same will provide qualifying nursing and medical care for emergency treatment only and possible medication costs whilst in hospital but once released from the hospital medication costs are down to the individual. One would think that pensioners on holiday would be somewhat grateful to be able now days to obtain their medication whilst on vocation or semi-residency at less than half the price of the cost in the UK for those who have to pay but no!

The media is also pointing out that pensioners who can afford to go abroad for three/four months at a time in the winter prior, over Christmas the New Year and beyond - and why not if they can afford it as it is far cheaper to spend the winter in the sun rather than face large utility bills in the UK - but then are complaining about having to pay for medication and in many cases make no arrangements with their UK general practitioner for their medication to be provided before they travel which, subject to HM Customs declarations, may be mailed to them in any EU country. Obviously it would be more acceptable for the medication to be taken with the patient, but EU regulations have strict rules on the amounts of drugs and the type of drugs that may exported from the UK or imported into another country for personal use at any one time. People on large amounts of medication may find difficulties in such amounts being permitted to be exported from the UK or imported into another EU country.

We suggest that this matter is investigated fully by pensioners well before their holiday begins or even booked and sufficient and satisfactory arrangements are put into force for medication and oxygen which they will also have to pay for to be either taken to the holiday destination or mailed out weekly which apart from everything else is not recommended as drugs are frequently stolen as the HM Customs compulsory declaration note displayed on the outside of the parcel declares what the parcel contains. It is doubtful that a GP would prescribe three months medication at one time anyway although it is not unheard of, but do not be surprised if the customs officials on entry to your holiday destination queries the drugs you are in possession of if they find them. The drugs could well be confiscated for instance or appear on that countries dangerous drugs register and if they do, they will most certainly will be seized along with yourself and you will be without your medication [and holiday perhaps] as you may well not be able to obtain your medication without a doctors prescription from a local doctor in the area where you are vacationing and that will be charged for by the doctor as a consultancy fee. This doctors charge is not normally refundable back in the UK and will cost more than the UK private medical system.

If you are contemplating a long winter break, it is recommended that documentation explaining what your medical problems are and the drugs you are taking should be obtained from your UK doctor before you leave for which there may be a non-refundable charge and this will have to be translated into the language of the country or countries you will be staying in unless of course you speak and read the local language fluently and can converse with a doctor and pharmacists, again there will be a non-refundable charge for any translation of the UK doctors letter. This may help but do not bank on it. Technical translation fees such as medical information can be expensive and depending on the complicity of the letter to be translated, charges will not be much less than £50 per translation plus any doctors fees for his original letter which if charged for will be around £25.00.

Long-term treatment of medication can and is often a problem whilst abroad because of regulations controlling the export and import of drugs from one EU country into another EU country. A further matter to be considered is that drugs dispensed abroad are often of a higher dosage than prescribed in the UK and some drugs prescribed in the UK are not available elsewhere and visa versa so an ‘alternative’ drug is offered without any guarantees that the contents are exactly the same as to be found in the UK equivalent drug, they may well not be. It would be normal for a EU countries pharmacists to look in a drugs register issued in the country where they practice for the requested UK medication equivalent is located or the drugs equivalent and then offer this ‘equivalent’ to the patient. If the drug cannot be found for one reason or another than that drug is not prescribed in the country you are visiting or may appear on a banned substance list. All these matters should be seriously considered if your well-being depends on medication well before you leave the UK.

It is clear from reading the complaint letters that many pensioners do not understand or do not want to understand the regulations or find it unacceptable that because they are over 60 or 65 years of age that they have to pay for their medication whilst in another EU country for what any reason, which, as we have said, will be recompensed by the NHS in due course or buy an insurance company if they have taken out an insurance policy covering them for accident or injury whilst on holiday or indeed their existing medical condition if they can afford the insurance costs.

Medication is only one of the problems that may be faced by anybody whilst on holiday in any other country. Many if not all Mediterranean countries only practice nursing and medication in hospitals once an operation or fracture or disease has been carried out or diagnosed. This is free, but thereafter, all care, meals, drinks, washing, changing bedding, clothing, cleaning, transport, etc. is carried out only by relatives. Even ex-pats living abroad have to provide this services to their relatives whilst in hospital which again causes friction. That’s they way that they practice medicine in hospitals in Mediterranean countries as well as many parts of North Africa, Middle East and many other countries and if it is not acceptable then why go there? We in the UK should be grateful for what our nursing staff do for us.

One final point, oxygen supplies in EU countries is again not free and has to be paid for when it is delivered. No arguments - no payment - no oxygen. France and Spain may insist on the payment upfront before you leave the UK. Many popular resorts in the European Union now have an oxygen supply service nearby and details may be obtained from 0800 3735802.

The cost of home or hotel delivery oxygen abroad can and is often expensive, many reports have been received of payments of £40 per 1375 litre bottle, so be prepared. Full permission from hotel owners and agents acting for the owners of holiday accommodation must be obtained before oxygen can be delivered, as having such equipment on the premises may not be included in the house and contents insurance and any explosion will invalidate the insurance cover. Remember it is normally very hot in Mediterranean resorts compared with the UK and any ’emergency’ oxygen that you have travelled with will not be necessary be safe.

Obviously all these arrangements will have to be put into motion at the same time as the holiday is booked to ensure [a] oxygen is available and [b] permission is obtained from the owners of the accommodation where you are staying.

Some airlines permit the carriage of two small oxygen cylinders in the aircraft cabin but these supplies will be small and hardly likely to be sufficient for a holiday if you are reliant on a oxygen supply. Such cylinders should be treated as more like an emergency supply for when travelling. Most airlines charge for the carriage of oxygen but the last time I flew with Monarch airlines based at London Luton airport no carriage charge was levied although I received strange looks and extensive searches by custom’s officers at Gatwick and Almeria. With the tight security restrictions in force at this time, we have ascertained that it would be highly unlikely that bottled oxygen would not be permitted on board any UK aircraft by passengers particularly if you are contemplating travel to the USA - forget it and vocation in the UK instead. Air craft have emergenies supplies of oxygen for emergency use only whilst on board the aircraft but its use is not for people suffering from existing bronchial, heart, lung and asthmatic problems. It is not unheard of for airlines to charge sufferers of provable existing breathing problems for the oxygen that they use whilst aboard aircraft with sums of excess of £400 being requested as the aircraft emergency system oxygen supply has to be re-checked each and every time its oxygen system has been used and topped up.

Some aircraft never every use their oxygen supply throughout the life time of the aircraft and which is only normally required when the passenger cabin air pressure drops suddenly due to depression cased by a hole of a door blowing off in mid-flight or by passengers suffering medical problems requiring the use of the onboard oxygen supply.

Whilst on this subject, which has been aired three times already this year alone, please do not forget that any necessary repatriation flights back to the UK for further or better treatment is not free and must be paid for. Only under very exceptional circumstances are flights provide without charge. Relatives travelling with ‘patients’ will also have to pay fully for their flight and this is one good reason to take out proper holiday insurance to fully cover you and those relatives or friends travelling with you to protect you against such eventualities as repatriation flights which cost thousands of pounds even from the Mediterranean areas. Existing medical problems are expensive to medically insure - the more medical problems being suffered - the more the cost of the insurance.

United Kingdom Counsels abroad are also restricted by government practice as to what they may provide and what they cannot provide to their own countryman. They cannot and will not provide funding for return flights under most circumstances other than when relatives in the UK deposit sufficient money in cash to cover the return flight or other circumstances with an authorised agency such as police station. The Counsels will not provide bail money for those foolish enough to be imprisoned whilst on vocation but will carry out visits to UK prisoners to see that they are being fairly treated in compliance with the Human Rights Act and any applying treaties with the country they are UK Counsel of.

The options are that pensioners either holiday in the UK where they can continue to obtain their free medications from prescriptions obtained from their GP or from prior arrangement with locums in the area of their vocation or accept the more than reasonable conditions of the EHIC card and pay up front for medication or try to obtain all or as much as of the medication they may need whilst away abroad, the latter of which is highly unlikely as we have fully explained, so therefore if they wish to holiday for three months at a time, then they must expect to pay up front and claim the outlay on return to the UK. A single medicine prescription may well be permitted by UK doctors for a three month period but in my case whereby I consume fifteen different medications per day plus oxygen things are somewhat different. I would need a suitcase for the tablets alone!

[4] THE PENSIONS WHITE PAPER AT A GLANCE: In its report, the Pension Commission said that any society faced with an aging population has four choices: save more, work longer, spend a greater shares of taxes on pensions or have poorer pensioners. The White Paper sets out how the Government intends to tackle the long-term challenges - these are the four main areas of proposed reform.

Briefly, people will be asked to set up simple, high quality and low-cost savings schemes very early in their employment years and no doubt the government themselves may well set up such a scheme to avoid the unacceptable mayhem that many tens of thousands of retired people are now facing as pension savings schemes have been misappropriated leaving many pensioners almost destitute.

The Basic State Pension will be returned to being linked to earnings rather than prices as from 2012 and so called SERPS reformed.

Cuts will be made to the number of years required to qualify for a full state pension to 30 years, reform of credits to carers, and more women and new retirees to receive Basic State Pension.

The increase in pension able age in line with life expectancy from 65 to 68 years between 2024 and 2026 and further increased to 67 years by 2036 and 68 years from 2044.

Further disclosures in the small print of the White Paper has revealed that ALL bosses or employers will be forced to pay into a pensions scheme for staff as from 2012 but millions of workers may see the vale of their million collapse as employers may make their existing pension scheme less generous. The possible implications of this is that seriously disabled people employing full time carers or personal assistants will be included in these proposals so those who are not funded by the Independent Living Fund for instance will have to find more money to pay for the pension scheme or if they cannot afford it, cut down on the number of hours paid care they allow themselves. Those in receipt of ILF will have the money anyway from the government via the ILF or the Adult Community Care system. [Pension file]

[5] ADULT SUPPORT AND PROTECTION BILL [SCOTLAND] Holyrood’s Health Committee has demanded “fundamental changes” to draft Executive legislation designed to ensure the protection of adults at risk in Scotland. The committee has supported the general principles underpinning the Adult Support and Protection Bill - to prevent the abuse of older and disabled people at risk - but only on condition that substantial amendments are made. MSPs said in the report that the term 'abuse' should be removed from the Bill and replaced with a less pejorative term. They also want legislation to be amended so that it does not discriminate against disabled people. For more information about how Capability Scotland's involvement please contact Faye Gatenby on 0131 347 1025.

[6] EASY PC: A new website www.abilitynet.co.uk has been set up to assist children and disabled people to use computers.

[7] NEW INSTITUTE FOR DISABLED ISSUES: The University of Dundee has launched a new research institute to look at social and health care issues for disabled people.

IDRIS, the Interdisciplinary Disability Research Institute expects to bring together experts from various fields connected with conducting disability research. Traditionally, researchers have studied impairments, function, exclusion and coping so IDRIS wish to their studies will have a meaningful impact on the lives of disabled people. [Disabled file]

[8] GP’S SURGERY FOR YOUR OP: In an effort to cut hospital waiting lists, millions of minor surgical operations may be carried out at your doctors surgery. Lots or ‘ifs’ and ‘buts’ over these proposals. Pilot schemes arte apparently already ‘operating’ -sorry - in six areas dealing with general surgery, gynaecology, orthopaedics, dermatology, urology and ear, nose and throat.

If the scheme is approved, operations could extend to Hernia surgery, varicose vein repairs, carpal tunnel syndrome, endoscopies, hearing tests for children and other matters.

[9] MOBILE BANKS: Is this answer to the threatened closure of rural post offices: NatWest has launched another ’mobile bank’ to add to its mobile branches in Cornwall and Wales. The Royal Bank of Scotland who owns NatWest, offers most of the normal banking facilities, so disabled and elderly folks would still be able to draw the benefits and pensions locally rather than travel to the nearest post office which could be some distance from their homes.

The mobile bank travels from village to village, five days a week, working to fixed plans so customers will know when the mobile bank will be in the village. There are some sixteen mobiles at the moment, many in Scotland but the idea appears to be growing although HSBC and the Portman Building Society have found it hard going and have stopped the service. Meanwhile the RBS is expanding.

The RBS vans are fitted with wheelchair lifts, telephones for other banking services not covered by the mobile bank and the service is committed to expanding and improving the services for people living in remote, deprived and rural areas which are all over the country. If your post office is closed or one due to close following the recent government purge in December 2006 get together with others and contact the local Royal Bank of Scotland branch and enquire as to the villages it serves in your area.

[10] DDA EXPANSIONS: We all should know by now that there are two Disability Discrimination Acts. The 1995 and the 2005 Act, the latter of which will concentrate on in this article.

The 2005 Act made legal changes to both employees and employers. One of the more recent enhancements of the 2005 legislation was the extension to protect people with progressive conditions such as cancer, multiple sclerosis and HIV/Aids from the point of diagnoses. Such unfortunate people had previously been protected by law but only once their symptoms became apparent and affected their ability to work normally.

[11] CARE CASH CRISIS: Forty-five local authorities have written an open-letter in a Guardian newspaper warning that they are facing a growing crisis in care for the elderly. Elderly care services are about to be unsustainable but the Department of Health says funding for adult care services has increased. I wonder if the 700 elderly patients waiting in Welsh hospitals for places in care homes know this? Wales also requires funding for their hospices.

The services affected include meals on wheels, home helps and residential dementia care. This game of ping pong between local authorities and central government is totally unacceptable as they are talking about elderly and vulnerable members of society.

Further revelations in the world of care has disclosed tens of thousands of sick and elderly people are set to loose their free care home places under a clamp down on health service spending. New tighter rules are to be brought in on which care home residents qualify to have their bills paid by the NHS. These changes means that most of those now supported by the state will have to pay their own fees in the future. Consequently many elderly people are likely to be forced to sell their homes to meet costs up to £600 per week.

At the same time, Cancer patients are unfortunately heading down the same line as others. A recent survey by the Macmillan cancer Support revealed that out of 1751 patients, 6% have lost their home following diagnoses. 11% of self employed suffers have lost their homes and a further 18% had difficulties in keeping up with rent and mortgages due to their sufferance’s. It will I am sure be appreciated that in addition to suffering of patients diagnosed with this awful disease, but it also means extra fuel, food, drugs, and hospital parking bills.

More than a quarter of a million elderly people in care homes cannot afford to buy presents this year because their local authorities take most of their pensions and other income leaving them with £19.60 per week which is known as the Personal Expenses Allowance. This amount would buy 40 Xmas card sent by 2nd class post. England and Wales has 421,000 care home residents with 60% receiving help with their fees from the local authority and the payback is that they only end up with just over £19.00 a week. Age Concern is asking for this amount to be increased to £40 a week.

These appalling situations should never occur and clearly the UK government has the money to assist with care generally but instead of using it for such matters they are the other side of the world giving away billions of pounds which should be kept in this country to assist out own sick, disabled and elderly UK citizens. Shame on the Labour Government. [Care file]

[12] SAFETY GUIDE FOR CARERS: Fish Insurance have produced an essential guide to protect employees providing support. The cost is £2 but well worth it. The purpose of the guide is to support the employer both inside and outside their homes. The practice of safe housekeeping, risk assessment, safety in the kitchen, fire and electrical safety, emergencies, help with wheelchairs, moving people safely, handling, operating hoists, infection control and safety tips all appear in the guide.

Fish Insurance also provide Personal Assistant Employment Protection Policies, Motor Insurance and wheelchair and scooter insurance and extended warranties for the breakdown of stair lifts, hoists, reclining chairs, adjustable beds and bathing equipment. Contact Fish Insurance at 01772-724442.

There are several other ‘specialised’ insurance companies dealing in insurance polices who can be found in local telephone lists and publications aimed towards disabled people.

[13] GLOUCESTERSHIRE ADULT SERVICES: Unfortunately, the adult services still hold a ‘one star’ category for their services even though the Inspectors say that the county was exceptional in its delivery of minor adaptations to support daily living and it also received praise for in record of protecting vulnerable adults. Where it falls down is the service for helping the elderly who are living at home and the failure to deliver assessment completions.

[14] THE CONCESSIONARY BUS TRAVEL BILL: which was introduced into the House of Commons on February 7 2007 will guarantee that everyone aged 60 and over in England, and disabled people in England, will get free off-peak travel on all local buses anywhere in England from April 2008. The existing statutory entitlement allows these groups to travel for free, but only on buses within their local authority area. The Bill will achieve social inclusion benefits for older and disabled people in allowing them greater freedom to travel, for free, by local bus. This is a key part of the Government's wider recognition of the importance of public transport for older and disabled people, and the role access to transport has to play in improving social inclusion and maintaining well-being. The Bill's provisions would:

Guarantee free bus travel for those eligible from 9.30am until 11 pm on weekdays and all day weekends and bank holidays, across England.
Provide a power to allow, via regulations in the future, for mutual recognition of national concessionary bus passes across the United Kingdom.
Allow flexibility for Ministers to change the mechanism for reimbursement of bus operators in the future and enable streamlining of the administration of concessionary travel.
Retain Ministers' ability to adjust the scope of the concession in the future via regulations.
Enable local authorities to continue to be able to offer benefits above the statutory entitlement to their residents, such as travel before 9:30 am and concessions on other modes like trams, as well as alternative forms of travel scheme, like tokens for use on taxis or community transport.

[15] NHS ‘BIG BROTHER’ COMPUTER - UPDATE: Yet another controversial scheme being introduced by the Labour government is the central National Health Service Computer which will hold the records of all NHS patients unless they are concerned about the privacy of the information held and unauthorised access and decide not to be included in the data base which will be their right.

Patients will be able to opt out of the new plans before it is created or view the proposed record outline or by asking their GP for a printed copy. The idea of the plan is to ‘share’ basic medical information about patients between health professionals. This will enable hospitals and doctors practices to access details about patients wherever they may be within the UK in case of illness or accident.

At first, five Primary Care Trusts will pilot the scheme with the national scheme commencing in 2008, that's next year. Whilst the database will hold only basic patient information at first - or so we are being told - followed no doubt by more sensitive information being added as time goes by. If patients do not wish to be included then that is their prerogative as lets face it, the NHS has been operating since 1948 and we have all managed so far to relate details of medical conditions and needs without the use of a computer to out GP‘s.

The ‘advantage’ of the scheme is that your medical records will be available to all GPs’ and hospitals, so if there is an emergency such as an accident, illness or if you simply run our of medication whilst on vocation, the new electronic records scheme will help those helping you in A & E or a GP can verify your medication needs immediately. Currently, obtaining medical records ‘out of hours’ is impossible and has to wait until your GP surgery is open which could be twelve hours away.

In addition to record keeping, there will be an on-line booking system for appointments, e-prescriptions and computer network links between NHS organisations. The current record system is paper orientated, with millions of envelopes containing trillions of pieces of paper which are often lost in transit between surgeries, hospitals and back again and grow to enormous sizes.

UPDATE: This computer is not able to fulfil the purposes for which it was obtained according to the manufactures, so once again the Secretary of State for Health will continue to smile when ever she is seen in public - what has she to smile constantly at?

[16] DIGITAL TV - UPDATE: For nearly a year now, we at ‘Disability Matters’ have been pestering the government to provide financial concessions for elderly and disabled people on low incomes when the change over to digital TV becomes necessary due to the demise of terrestrial or analogue TV by order of the government between 2008 and 2012. The UK is divided into regions and the dates of the switch over vary from 2008 to 2012 dependent on which region you reside in. The Government have acknowledged our pleas in recent released white papers inferring that our suggestions will be considered.

However it has now been revealed that some 75pc of UK homes already have digital TV via Freeview boxes at a cost of from £30.00 to £150 dependent on what is chosen to view ‘digital’ TV in the future. Some schemes have no subscription payments, just a one-off payment, which means that they will not now need to purchase new TV sets with the ‘digital’ logo
on them to view but only a set top box of some kind.

These ‘Freeview boxes’ do not provide many television programmes on their own but sufficient enough to cover what now can be found on BBC1, BBC2, ITV1, Channels 4 and 5 plus some forty others. Others systems provide up to 130 standard TV channel but with subscriptions. It is not now the case of purchasing a new television set but to purchase a set top box that will ensure you receive the new ‘digital’ signal which you will allow you to be able to see your current TV programmes. For further viewing choose and dozens of other channels, companies like ‘Sky’ should be contacted so the new signal may be received through their set top boxes and satellite dishes but at much greater cost. There are three ways in which you will be able to receive ‘digital’ TV [a] through a satellite dish [b] through an aerial and [c] through a cable system. The government have an advice line at 08456 50 50 50 or visit www.digitaluk.co.uk

Following our plea‘s, the government have made the following announcement: “To ensure that everyone benefits from the switchover there will be a Help Scheme for those who need it most. You will be eligible for the Help Scheme if you are

If you are eligible for help, you will be sent more details well before the switchover occurs in your region.

Finally, here are some tips. [1] You do not necessarily need a new TV set to receive the digital signal or a set with High Definition TV [2] If your TV does not have a scart socket [a multipoint socket] then ask your electrical TV retailer for a suitable digital box with a RF modulator. [3] If you do decide to purchase a new TV set - make sure it has the ‘digital’ sign on it.

[17] SCOTLAND SPEED UP: Applicants for both disability living allowance and attendance allowance will have their medical information electronically passed over to the benefits system by their GP’s which should lead to a reduction in the time it takes to process the applications. If the current trail is a success, then Ministers will hope that the scheme will be extended across the whole of Scotland.

[18] CARERS WARNED OVER ‘HIDDEN’ DRUGS: Care Homes are being warned that they may be breaking the law and putting patients lives at risks by hiding drugs in food and drink. The Mental Welfare Commission [MWC] is concerned that the practice of giving medicine secretly is being over-used. Under Scots law, medical staff can intervene in a patients treatment if the person is incapable of acting in his or her own or best interest but the law in not clear on whether this includes concealing drugs.

Research has suggested that the practice take place in 70% of Scottish care homes. The MWC exists to protect the rights of patients and is concerned that what should be a last resort is becoming normal practice so it has issued new guide lines and warning staff that they risk breaking the law if they have not explored other options and that crushing medicines which should not be crushed and placing them into food can make the drugs dangerous.
We at ‘Disability Matters’ have covered the subject of crushing medication in depth in the last three months so it is important that all medication is taken as both the doctor and pharmacist instruct otherwise serious side-effects could result.

[19] AGE DISCRIMINATION AT WORK - UPDATE: Age Concern is issuing a free guide called ‘Calling time on age discrimination’ which explains how the new law that came into force on October 1 2006 could affect you.

A further precise book, ‘Your Rights: Working after 50’ is now also available which provides in depth coverage of age discrimination along with many other work related issues and options for the over 50’s. This costs £8.99.

For both the ‘free guide’ and the ‘precise book’ contact 0870 44 22 120 or 0800 009966 or the ‘free guide’ may be downloaded from www.ageconcern.org.uk

[20] ELDERLY ARE ISOLATED: More state funding is urgently required to be directed to helping elderly people to live independently in their own homes other wise the tax payers will be faced with huge demands keeping ‘isolated and dependent’ people in institutional care homes.

This warning comes amid growing evidence that elderly people are being deprived of help to live at home. The increasing cost of meals on wheels and the high charges for other services whilst other services have been withdrawn completely has added to the demand for more funding.

Organisations such as Help the Aged, Age Concern and surprisingly the Adult Community Directorates governing body have written to the Chancellor demanding change.

[21] EASIER LIFE FOR OLDER AND DISABLED PEOPLE: A new free service offered by the Disabled Living Foundation [DLF] will for the first time enable older and disabled people and their carers and families to be able to make an informed choice about walk-in baths, shower, grab rails all thanks to ‘Bathing made easier’

The website www.dlf.org.uk/bathing contains detailed impartial information on over 1400 personal care products. The website searches and compares and aims to include all products available in the UK. All the equipment on offer has been checked by the DLF’s team of therapists and includes a description, a price guide, dimensions, images and a list of national suppliers. The products are given ‘star’ ratings which helps identify the most [and least] popular items. The launch of ‘Bathing made Easy’ is the first step in the DLF’s ambition to make their entire database of 14,000 products freely available on the internet for public use. We at ‘Disability Matters’ will add the DLF, s information to our own databases.

In addition to the website, the DLF may be contacted on 0845 130 9177 weekdays between 1000 and 1600 hours.

[22] DPTAC: The Disabled Persons Transport Advisory Committee have issued two documents advising the Government on the implications of road user/congestion charges for disabled travellers.

In short, DPTAC recommends that exemptions should be granted to the holders of all blue badges to enable them to access congestion charging zones without payment. Already operators of tunnels, bridges and the M6 motorway toll roads have granted concessions to Blue Badge holders for the use of their facilities. The failure of the government not to implement these recommendations will drastically affect the lives of all genuine disabled people and reduce the mobility as those low income disabled people on state benefits or pensions could not possibly support the payment of any charging schemes to enable them to continue their mobility.

The Mayor of London has also made concessions to disabled drivers to allow them to drive without payment through the London congestion zone and the Government have suggested to the Durham authorities who are contemplating a congestion charging scheme in their city to permit Blue Badge holders concessions to use the scheme.

We are ‘Disability Matters’ feel that it is wrong to permit all Blue Badge holders the concessions being suggested by DPTAC for the reasons given. It is essential that only genuine blue badge holders are grated these concessions - not those who obtain their blue badges by theft, abuse or fraud. Either the current Blue Badge Parking Scheme has to be scrapped and a new one started OR all Blue Badges are temporarily withdrawn and only re-issued to genuine disabled people holding a Certificate of Exemption issued by the DLA , War Pensioners and those suffering from visual disabilities.

[24] EUROPEAN PARKING CARD: The parking system for disabled people is recognised in all European countries to provide parking concessions for genuine disabled drivers. You should remember that the concessions vary from country to country, so it is important that you ascertain from the country's Embassy what exactly the ’concessions’ are to avoid unnecessary fines or having your vehicle towed away. Large Cities also have additional regulations which you should be aware of and are normally available from local town halls. Unlike the UK, firm action is taken against offenders by authorities for abusing the blue badge legislation relevant to that country. Remember, you are not in the UK and UK law is not the same as in other UK countries, so please do not argue with the authorities as three disabled drivers have done recently in Spain, France and the Canary Islands resulting in high fines, the hire cars impounded which later lead to ‘extras’ being added to the hire care account as the impounded car would only be released to the hire company leaving one disabled driver stranded simply because he decided that he knew better about the law in France.

Full details of The European Parking Card for People with Disabilities can be found in the newly updated version of the information booklet which explains the process is now available to view or download at http://www.aatrust.com/index.asp. The document explains the concessions for each individual country - not the UK.

We at ‘Disability Matters’ have on file details of reciprocal arrangements of some popular none EU countries such as Australia, Canada, Cyprus, Gibraltar, Guernsey, Isle of Man, Israel, Jersey, Malta, Monaco, New Zealand, Northern Ireland, Republic of Ireland or Eire, South Africa and the USA.

Much as been made of Eastern European immigrants entering the UK and UK citizens visiting these countries. There is no evidence to suggest that any form of blue badge system operates in these countries at this time so disabled visitors should be aware of the parking system before parking. It would appear that permitting membership of Eastern European countries to the EU should also bring forth blue badge concessions for their own citizens and potential visitors.

[25] WHEELCHAIR PROVISION: The Department of Health has published a report providing an overview of the current state of wheelchair provision with the NHS. Much concern is made of the delays in obtaining wheelchairs following assessment so this report that indicates the needs of wheelchair users and outlines how more appropriate provision can contribute to the health, well being and independence of wheelchair users. The report entitled ‘Out and About - Wheelchairs’ can be downloaded from www.dh.gov.uk/PublicationsAndStatistics/Publications.

[26] £33m CARER-SUPPORT PLAN UNVEILED: The government is to unveil its New Deal for Carers which will see £33m used for measures to help people who care for elderly or disabled relatives. Most of the money - £25m - will go to local authorities to fund emergency respite care for people who need a break from the demands of their role. Ministers say it would relieve the burden on carers if they were sick or had other family responsibilities. A national help line for carers will also be created as part of the scheme. The New Deal for Careers will also include the development of an expert carers programme. Ministers say this will provide training and support in areas carers have called for help with, such as information about their legal rights and training in handling.

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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.
March 2007
[edition 12]

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. March 2007 [edition 12]

[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.
March 2007
[edition 12]