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LAW AND BENEFIT REVIEW[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
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2009 2008 2007 2006 |
HAPPY FIRST ANNIVERSARY Welcome to the twelfth edition of the on-line Law and Benefit Review. We have actually had thirteen editions on-line but the first one vanished!! It is our first anniversary this month and what a successful year it has been. The website has grown out of all proportion to what we had all imagined, so much so, that we had to resort to changes to the format in order to maintain our financial restraint. The Law and Benefit Review has in fact been in existence for five years now with the first four years or forty-eight editions being a monthly printed news letter being circulated around the counties of Gloucestershire and North Wiltshire. We are now global with the formation of the website going on-line with the LBR. May we thank all of you who have telephoned, emailed and written with your questions and comments. We have tried to accommodate all that you have requested and we cannot thank you enough for your continuing support. Just to remind you all, our presentation format has been changed due to financial restraint with our regular features being transferred to the beehive website shown above, so may we suggest that once you have read this website you then log onto the beehive website at www.beehivethisisgloucestershire.co.uk where you will find all the other regular articles to complete your April 2007 updates. Click on LAW AND BENEFIT REVIEW and then select the page you wish to read which will be shown on the left hand side of your screen. We hope you enjoy what you find. We are still desperately looking for a sponsor to support us at £50.00 per calendar month. Operating a website is not cheap. All the preparation, searching, investigation, management and collation is carried out by us is free, but when it comes to translating it onto the website, the web-masters require payment. If anybody has any ideas, suggestions or even sponsors, then please do contact us as soon as possible. It is clear that this unique website is popular and regularly viewed by a large number of people - we need help to keep it afloat please. BUDGET NEWS IN BRIEF Good news and bad news seems to sum up the March 21 2007 budget insofar as disabled and elderly people are concerned. The following is a very brief outline of the budgets effect on our readers.
On our other website www.beehivethisisgloucestershire.co.uk we have an in-depth report on how the 2007 Budget will directly effect disabled people and their carers. Look for BUDGET SPECIAL ONE AND BUDGET SPECIAL TWO. ++++++++++++++++++++++++++++ TENANCY DEPOSIT PROTECTION: Are you a tenant or a landlord occupying or letting private accommodation? If the answer is yes, then the new Tenancy Deposit protection regulations will have a direct effect on you both. As from April 6 2007, the Housing Act 2004 directs
that all deposits paid and taken as part of a tenancy agreement must be
secured and protected in a government authorised scheme of which there
are three. For further information contact one of the approved government
authorised schemes at either Custodial scheme at The landlords will have to pay for this service which effectively means that he or she will have to register each and every deposit taken and paying a fee each time which for muti-tenant operations will be an expensive exercise. The cost of which will no doubt be included in future rents to cover the cost so do not be surprised if there is a rise in your rent soon. [1] 'NO SEX WOMAN IN BENEFIT FRAUD: A woman who fraudulently claimed nearly £40,000 in benefits as a single mother because she was not having sex with her live-in partner has been fined £60,000. The female had admitted five charges of false accounting and two charges of fraudulently claiming tax credit. [2] PART TWO OF THE DEFINITION OF DISABILITY: The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. The definition for the purposes of the Act is: 1. substantial means neither minor nor trivial long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions) 2. normal day-to-day activities include everyday things like eating, washing, walking and going shopping a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory. Some conditions such as a tendency to set fires and hay fever, are specifically excluded. Provisions allow for people with a past disability to be covered by the scope of the Act. There are also additional provisions relating to people with progressive conditions. 3. The DDA 2005 amends the definition of disability, removing the requirement that a mental illness should be 'clinically well-recognised'. 4. People with HIV, cancer and multiple sclerosis will be deemed to be covered by the DDA effectively from the point of diagnosis, rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities. [2A] GUIDANCE AND CODES OF PRACTICE: The Government published statutory guidance in 1996, primarily to assist adjudicating bodies like courts and tribunals in deciding whether a person is a disabled person for the purposes of the DDA. The guidance has been updated to reflect changes in the law. The revised 'Guidance on matters to be taken into account in determining questions relating to the definition of disability' is in force from 1 May 2006. You can read the 1996 guidance, the revised guidance, and the Disability Rights Commissions codes of practice on the DDA on the Disability Rights Commission websites. www.drc.co.uk and www.drc.gov.uk [2B] Employer's Forum on Disability [EURO]: Information The Disability Discrimination Act 1995: What is a disability? The DDA gives rights to disabled people in England and Wales who have, or have had, a disability which makes it difficult for them to carry out normal day-to-day activities. The term disability covers both physical and mental impairments that have a substantial and long-term (i.e. has lasted or is expected to last for at least 12 months) effect on the person's ability to carry out normal day-to-day activities. Normal day-to-day activities are ones that involve: mobility, manual dexterity, physical co-ordination, incontinence, ability to lift, carry, or otherwise move everyday objects, speech, hearing or eyesight, memory or ability to concentrate, learn or understand, perception of the risk of physical danger. Medical or other treatment and aids, which alleviate or remove the effect of the impairment, are to be disregarded when assessing whether the impairment has a substantial adverse effect on normal day-to-day activities. The only exceptions are people who wear spectacles or contact lenses the effect on them must be assessed while the person is wearing the spectacles or contact lenses. Progressive conditions, which have a slight effect on day-to-day activities but are expected to become substantial effect for short periods but are likely to recur. Severe disfigurement is also classed as a disability. People who have had a disability in the past which has a substantial adverse effect on their normal day-to-day activities for a period of at least 12 months are also protected by the Act. This is the case even if their disability existed before the DDA came into force and they have now fully recovered. [2C] Definition of a Disability in the United States of America in comparison:
Regulations: 28 C.F.R. § 35.104; 28 C.F.R. § 36.104:
[2D] Substantially Limits
Both the United Nations and the European Union have in the last six months revamped their approaches to disabled people by passing treaties and legislation which we have included in previous articles in the European News sections of former Law and Benefit Reviews which are still on line. Will the United Nations or the European Union produce yet another definition of the word disability? [2E] The Disability Discrimination Act (DDA) defines disability in this manner: 1. A person has a disability if he or she has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities. [Schedule 1, DDA, quoted from Appendix 1 of Disability Discrimination Act 1995 Part IV, Code of Practice for providers of Post 16 education and related services.] The definition given by the Act is not prescriptive, but defines how a court will go about deciding whether or not an individual is covered by the Act. Individuals who are likely covered, though, will include:
The encompassing nature of this definition is important for staff in higher education because It doesn't relate neatly to the categories and systems with which we are already familiar. Being eligible for the Disabled Students Allowance (DSA) or giving a disability code on a UCAS form is not the limit of disability as far as the Act is concerned. The definition is likely to include many people who you might not, at first, think of as being disabled.
COMMENT: It is almost beyond believe that such a variation in description can be made of the word disability. How can any official organisations satisfy themselves that they are dealing with a disabled person. What prevents a person being deemed as being disabled in one country and then travelling to another, perhaps to retire to permanently or whilst on vocation, and where the definition of disabled or disability is different. Travel for instance along interstate 66 through California USA into Mexico and the whole world of disability changes. Whilst a United States citizen in deemed to be disabled in the USA he or shoe may well not qualify for such status whilst In Mexico. Where does a disabled person stand? Fortunately, Internationally recognised symbols such as that used by the disabled blue badge parking badge are recognised in all EU countries and the United States of America for instance but outside these zones - Mexico for instance - where does a disabled person stand. Well frankly - no where - as only 47 countries world wide have any legislation which relates to disabled people. The legislation within the British Isles is clearly the most concise in the world so far with the USA a close second followed by the UN and EU when they are adopted and signed up to. The UK itself has variations in such law with Scotland and Northern Ireland having differences between their legislation and that of England and Wales. The Blue Badge for instance is of no consequence in many countries on the European continent but not within the European Union. Disabled visitors therefore must comply to local laws and regulations that exist. It is advisable to contact the UK embassy of the non-European country you intend to visit to see what awaits you. In a recent article that appeared in the Law and Benefit Review we wrote of the problems of elderly UK citizens demanding free medication, which is refused, whilst on holiday in the EU simply on the grounds that the medication was free for them back in brightly. Perhaps know these people will understand why having read this article? It is quite incredible that out of 167 countries in the United Nations only forty-seven [47] have any legislation of consequence aimed at disabled people. Non can be compared with that of the UK or the USA. [5] HELP IN FORM FILLING: Age Concern in Cornwall are helping elderly people deal with state benefit forms and other paperwork. They visit pensioners in their own homes and ensure that they have all the benefits they are entitled to including the winter fuel allowance. Last year alone, advocates helped 10,000 older people across the county securing £1.65 million in benefits. [6] HOW TO GET YOUR HOME BACK: If you or somebody you know who has been forced by a local authority to sell their home in order to pay for their care in a care home then there is some help available. You are now able to make a claim for the return of your money. We have dealt with the complicated issue of the whys and wherefores of care home fees in previous issues of the Law and Benefit Review so lets see what you can do. First put you claim to the Chief Executive of the local authority who forced the sale of your property. Ask for a review of the care being received stating that it is believed that you or the person you are writing on behalf has been wrongly charged for the care being received which should have been paid for by the NHS. There is a example letter on the Alzheimers Society website which covers all circumstances. Log onto www.alzheimers.org.uk for details. When you receive the rely from the Chief Executive it will also give details of the Health Care Commission which operates stage two of the complaints procedure. However, depending how old your case is, you might be able to miss this stage and go straight to stage three, the Parliamentary & Health Service Ombudsman. The PHSO cannot award compensation, but they can judge whether you have been treated fairly - either the course taken by the local authority justified the sale of your home or not. There is a great unfairness in the system between England and Scotland for instance where the Scottish Executive pays £145 per week to cover the cost of all care home residents and those needing nursing care receive a further £65 per week. These fees cover half of a weekly cost of £427 for care home fees. [Care file] [7] HEALTH & SAFETY - AGAIN: Another ambulance crew have been involved in a new style meal break incident which was recently introduced under new EU legislation during which a school boy choked to death. It took another crew 15 minutes to reach the scene whilst those on the meal break were only 3 minutes away. This is the third report we have found concerning this absurd ruling by the European Union and something must be introduced to over-come these regulations which has already lead to at least three deaths. We feel very sorry for the ambulance crews and paramedics involved as it would appear that they are conforming to the regulations so it is up to their employers, government and trade union representative to come up with something fast. - UPDATE - Two ambulance crew members not necessary associated to the above matter, have been sacked by a local authority following their failure to attend a 999 call. Hopefully these matters will be settled sooner than later for the benefit of both ambulance crews and their patients. [9] WELSH MPS VOTE FOR FREE PRESCRIPTIONS: Free prescriptions for everyone have been approved and are to be introduced in Wales from 1 April following a vote in the Welsh assembly. AMs voted by 39 to none to abolish the charges. Labour and Plaid Cymru supported the move while Conservatives and Liberal Democrats abstained. The move was approved despite manufacturers earlier warning it could lead to drugs going to waste and funding for new medicines being lost. It fulfils an assembly government pledge of free prescriptions by 2007. Last year the price of prescriptions in Wales dropped from £4 to £3, while it rose to £6.65 in England. Prescriptions are to rise again this month to £6.85 per prescription. [10] UPDATE ON COUNCIL TAX CAMPAIGN: Thanks to the campaigning of Help the Aged , Gordon Brown has received hundreds of emails demanding a reintroduction of the £200 payment for all pensioners to help with increased cost of living. Help the Aged will be following up this campaign by taking a delegation of pensioners to meet representatives at the Treasury to discuss their demands. [11] POOR TREATMENT: Older people are often treated unequally or denied opportunities. They can be refused health or travel insurance and the media make fun of them and their health problems are often dismissed by doctors. In spring 2007 the UK Government will make its proposals for new laws to protect people from discrimination and the public will have the chance to have their say. The Just Equal Treatment campaign is a unique opportunity to ensure that the rights of older people are protected. [12] MORE INTERNET PROTECTION: If you purchase goods via the Internet, mail order, catalogue telephone or fax then you will have more rights to protect your order under the Consumer Protection [Distance Selling] Regulations 2000 than people shopping in the high street. Many disabled and elderly people use the internet or telephone for their shopping so this is good news. The regulations are to long to review here so log onto the Office of Fair Trading website at www.oft.gov.uk or go to the Office of Public Sector Information website at www.opsi.gov.uk and look for Statutory Instrument No: 2334 of 2000. HM Revenue & Customs, The Department of Works & Pensions and could be called upon to reveal details of all seriously disabled people who could employ carers so that checks can be made to ensure minimum payments are being paid and that any Income Tax and NIC contributions are being paid. Trade Unions have featured in this campaign following complaints from workers not receiving minimum payments. For full details log onto www.hmrc.gov.uk. [13] STANNAH STAIR LIFT FAILS A DISABLED EMPLOYEE: Following a virtual refusal by the company who supplys hundreds of disabled people with stair lifts in their homes, Stannah has been ordered to pay the offended disabled employee £6000 compensation by a Southampton tribunal for discriminating against him on the basis of his disability. [14] DISCRIMINATION STILL RIFE: a report shows discrimination still rife for disabled people. The charity Leonard Cheshire has released a new report - Discrimination Doesnt Work - which shows that many disabled people still face discrimination in the labour market. The report shows that if more disabled people are to gain employment then much work is needed to develop and improve employers attitudes towards disabled people. Researchers from Leonard Cheshire sent two near-identical CVs in response to more than 100 job advertisements. The only material difference was that one CV was said to be from a non-disabled applicant and one from a disabled candidate (the CV listed either cerebral palsy or registered as blind as the impairment) [15] LEGISLATION FOR SAFETY AT WORK: The following legislation could apply to you if you employ a carer or personal assistant.: 1. Carriage of Dangerous Goods and Use of Transportable Pressure Equipment [Amendment] 2005. 2. Chemicals [Hazard Information and Packaging for Supply] Regulations 2002 3. Control of Noise at Work Regulations 2005 came into force April 2006. Data Protection Act 1998. 5. Dog [Fouling] Act 1996 . 6. Disability Discrimination Act 1995 . 7. Disability Discrimination Act 2005 . 8. Electricity at Works Regulations 1989. 9. European Union Safety Signs Directive 92/58/EEC. 10. Food Hygiene [England] Regulations 2005 plus separate regulations for Scotland, Wales and Northern Ireland 11. Health Act 2006: Will implement a workplace smoking ban in England, Wales and Northern Ireland. 11a England from July 1 2007. 11b Wales from April 2 2007. 11c Scotland already in force from March 26 2006. Northern Ireland from April 30 2007. 12. Health Bill 2007 came into force on April 1 1996. [This Act is incorporated with the European Union Safety Directive 92/58/EEC] 13. Health & Safety at Work Act 1974 14. Health & Safety at Work Act 1989 15. Health & Safety [First Aid] Regulations 1981 16. Health & Safety [Display Screen Equipment] Regulations 1992. 17. Lifting Operations and Lifting Equipment Regulation 1998 18. Management of Health & Safety at Work Regulations 1999 19. Personal Protection Equipment Regulations 1992 20. Provision and Use of Work Equipment Regulations 1998 21. Regulatory Reform [Fire Safety] Order 2005 Smoke - Free [General Provisions] Regulations 2007 comes into force on July 1 2007 and bans smoking in most enclosed areas. 22. Smoke - Free [Exceptions & Vehicles] Regulations 2007 from July 1 2007 23. Smoke - Free Premises etc [Wales] Regulations 2007 comes into force on July 2 2007. 24. Smoking [Northern Ireland] Regulations 2006 comes into force April 30 2007. 25. The Smoking, Health and Social Care [Scotland] Act 2005 came into force on March 26 2006. 26. Work at Height Regulations 2005 Workplace [Health, Safety & Welfare] Regulations 1992. [16] NATIONAL MINIMUM WAGE: The government have announced a crack-down on employers failing to pay the national minimal wage to their employees. Low paid workers include carers and personal assistants who are among such low paid employees and who may well suffer from low wages be they employed by the disabled person or by the care or agency staff. From October 1 2006, the following minimum rates of pay must by law be paid to employees: [a] £5.35 for all people over 22 years [b] £4.45 for people between 16 and 21 years [c] £3.30 for people under 18. In October 2007 the minimum rate will increase further to £5.52 for over 21 and £4.60 for those between 18 and 21 years and £3.40 for 16 and 17s. [17] PROPERTY VALUATION BLUNDERS: Pensioners may be entitled to council tax refunds because their property may have been wrongly banded. 1 in 10 properties could have been wrongly assisted since 1991 according to the well known BBC critic whose website may be found at www.themoneysavingexpert.com. Martin Lewis says that the Valuation Office Agency operates a system for making retribution so look at the above website. [18] BENEFIT CLAIMANTS GAIN £1 BILLION A YEAR: This amount is lost every year by over-payment to those who receive them. Glaring over-payments of been made to prisoners and people resident aboard due to mistakes. Those living abroad have received £6m due to errors by claimants, prisoners by £1m and students by £4m but now the Department of Works and Pensions unveiled plans to put an end to this abuse by stamping out errors in benefit payments, checking pension credit claimants as errors could remain on computers for years. Recent announcements from the government to reduce the complexity of application forms will go along way for honest claimants to make claims for the entitlements they are legally entitled to. Many people claim that they are unaware that the payments they receive are the correct and rely on the system to pay the correct entitlement. [19] DATABASE SHAKE UP: The Government is claiming that the bringing together of government files on a single computer system would create a snoopers paradise is being denied. The police could use the system if a compulsory ID system was introduced to check on those who refuse to register for the ID card. If you are a pensioner and you want to claim pensioner tax credit and you have issues to do with housing or council tax benefits it would help allegedly if you were included on the file but the Work and Pensions Secretary suggested that the consent of the individual would first have to be obtained. It should also be remembered that computer systems operated by government departments have a history of un-reliability. [20] PENSIONERS IGNORED: How many pensioners are aware that in 1992, the late Sir Edward Heath introduced a 25p a week sum to be added to pensions for those over 80 years of age. Has this sum or its modern equivalent been added to today s pensions or has it been forgotten? [21] DISABILITY BENEFIT UNDER THREAT: Union officials have warned that a review of the way industrial injury benefits are paid could lead to cutbacks. The UK Government is to begin a consultation into the future of the scheme, which is paid to 350,000 people across the UK. Union officials fear they could be scrapped, and said any cutbacks would be "a major blow". The Department for Work and Pensions (DWP) said the review was about making sure it provided the right support. The current state-funded scheme was introduced in 1948 and provides benefits for people disabled by an accident at work or as a result of an occupational disease. [22] LOCAL AUTHORITYS FAIL DISABLED CHILDREN: Thousands of severely disabled young people are being let down by local authorities who fail to plan care for them as adults, a report has said. The Commission for Social Care Inspection is calling for urgent action to ensure disabled children continue to get the help they need into adulthood. Inspectors found for many the prospect of their 18th birthday was a nightmare. Many have no idea where they will live or who will look after them when they grow up. The report criticises local authorities for failing to plan ahead and to consult young people about their futures. Half the 52 authorities surveyed in the report said that they had much less money to spend on disabled adults than on disabled children - which made it impossible to offer them the same levels of care. [23] ELDERLY ABUSE: BBC TV breakfast news has revealed on January 30 2006 that a carer supplied by local authority had been videoed stealing money from an elderly ladies handbag. The Charity Action against Abuse, is concerned about this problems and currently campaigning to stop it. The carer was jailed or two years. [24] WINTER FUEL PAYMENTS - UPDATE: Many attempts have been made to pay winter fuel payments to deserving people under the age of 60 without success. One man suffering from cancer has recently met all three political party representatives in an effort to have the rules changes and then met with Anne Maguire MP who said there was still no specific help available with the payments but people who have been diagnosed with a terminal illness should make a fast-track claim for another benefit such as the Disability Living Allowance which could be paid out in days. Not very helpful! We at Disability Matters write regularly to Ministers concerning this issue hoping that something will be carried out to introduce this payment to those who need it. An individual receiving state benefits under 60 suffers equally to a person over 60 financially in an effort to keep warm when it is cold. It is ridiculous to say that it is otherwise. Arthritic sufferers in constant pain are among those who suffer the most from being cold, those over 60 receive the payment, those under do not. [25] ABUSE OR NO ABUSE: A conflict is developing between care home staff consisting of nurses, cooks and chefs and indeed the patients them selves, and the media over recent complaints about abuse in care homes. On the one side ex-patients and their relatives have complained about the food, lack of care and even neglect and on the hand other patients in homes are saying that we are far from starved and people are assisted with their eating. Others are saying that the worse place a elderly person should be if they are ill is in a home or hospital and cries from others are calling for more inspectors. Who or what are we to believe? [26] £33m CARER-SUPPORT PLAN UNVEILED: new measures aimed at supporting people in England helping elderly or disabled relatives have been unveiled. Some £25m of a £33m budget will go to local authorities to fund emergency respite care for people who need a break from the demands of their role. The government said the New Deal for Carers would relieve the burden on carers if they were sick or had other family responsibilities. Charities estimate there are about six million people caring in the UK. They also estimate that some 2.2 million either start or stop responsibilities each year. A national help line for carers will also be created as part of the scheme. [27] DISABILITY BENEFIT IS UNDER THREAT: Union officials have warned a review of the way industrial injury benefits are paid could lead to cutbacks. The UK Government is to begin a consultation into the future of the scheme, which is paid to 350,000 people across the UK. Union officials fear they could be scrapped, and said any cutbacks would be "a major blow". The Department for Work and Pensions (DWP) said the review was about making sure it provided the right support. The current state-funded scheme was introduced in 1948 and provides benefits for people disabled by an accident at work or as a result of an occupational disease. [28] CRACKDOWN ON AIRLINES AND TRAVEL AGENTS: Airlines and travel agents could be taken to court and even shut down if they make misleading claims about cheap flights and holidays. The Office of Fair Trading is cracking down on operators offering apparent bargains like 99p flights which in fact attract a host of additional costs such as passenger duty tax, service charge, aviation insurance levy, use of wheelchair when required, credit card charge, extra baggage, fuel supplement, etc. A flight to Benidorm advertised at £59 in fact cost £133.00 NOW PLEASE GO TO www.beehivethisisgloucestershire.co.uk or just type in beehive gloucestershire for the second part of Law and Benefit Review where you will find the following new pages Home Page Monthly Updates European Disability News European Legislation two pages of News as it Happens Legislation and Westminster Motoring News Editors Blog and Travel News. Once logged onto the website, look for Disabled Groups click once and then look for Law and Benefit Review, click again, and the second part of our monthly Law and Benefit Review will be revealed. Look at the left hand side of your screen for the page [s] of your choice of page to look at first. Enjoy the new look and we will see you on our first birthday. DISCLAIMER We maintain all our rights as indicated on the Home Page of the Law and Benefit Review website, www.lawandbenefitreview.co.uk on all written material, other than being previously in the public domain on this site, which may not be reproduced, copied, emailed, faxed, 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. Our rights also extend to the registration and use of the names of the Law and Benefit Review and Law & Benefit Review and Disability Matters all of which are lawfully registered as indicated on our home page along with the usage of the email addresses disability.matters@yahaoo.co.uk and www.lawandbenefitreview.co.uk
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