Law & Benefit Review

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THE FOLLOWING LIST CONTAINS THE NEW INCREASES IN THE MAIN STATE BENEFITS FROM APRIL 9 2007.

	2006/7 rate (£)	2007/8 rate (£)
Care component
Lower rate	16.50	17.10
Middle rate	41.65	43.15
Higher rate	62.25	64.50
Mobility component
Lower rate	16.50	17.10
Higher rate	43.45	45.00

Just a reminder to you, that this section of our website contains only articles on various topical issues. To view the complete website, please log onto our other website given over by Gloucestershire CC at www.beehivethisisgloucestershire.co.uk, which has been kindly donated by Gloucestershire County Council for all organisations such as ours. Click on ‘DISABILITY GROUPS’ and then ‘LAW AND BENEFIT REVIEW’ and select one of the pages on the left hand side of your screen.

[1] DISABILITY RIGHTS COMMISSION - DISABILITY AGENDA: Disability Rights Commission has launched the Disability Agenda. The Disability Rights Commission launched the Disability Agenda, which sets out the major challenges for public policy in respect of disabled people and their families and recommendations for how to meet them.

Speaking at the launch of the Agenda, Sir Bert Massie, DRC's Chairman said: "The positive developments of the last decade have undoubtedly helped to create a more open road for disabled people to be and do the things they want to in life. But at the same time the public services, resources and support many require to take up these new opportunities have either not materialised, remain at odds with these goals or have gone into decline.

Many disabled people have been invited to look up to the stars, only to find the ground opening up beneath them. And this is why, just as the DRC has offered leadership during the last decade, so with the launch of today's Disability Agenda we are seeking to offer leadership for the next. It proposes reform and investment in our public services founded upon the principles of dignity and respect and delivering the means for people to participate and achieve their potential and to secure a healthy and prosperous life.

Importantly it is also about refreshing the approach to disability equality fit for a new era of leadership from the Commission for Equality and Human Rights". For more information, please send an e-mail to: disabilityagenda@email.drc.org.uk You can also visit the Disability Agenda website on the following link:

[2] CONCESSIONARY BUS TRAVEL BILL: 1. The Concessionary Bus Travel Bill was introduced in the House of Lords on 27 November 2006. The Department's press release of 27 November 2006, announcing introduction of the Bill. 2. Second Reading in the House of Lords took place on 12 December 2006, and was followed by Grand Committee on 8 January 2007 and Report on 29 January 2007. The Bill completed its Lords stages with Third Reading on 5 February 2007. 3. The Bill was introduced in the House of Commons on 6 February 2007. The next stage is Second Reading in the Commons.

WHAT THE BILL DOES: The Concessionary Bus Travel Bill 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.

Guarantee free bus travel for those eligible from 9.30 am 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.

[3] HOUSEHOLD WASTE AND RECYCLING: Under the Household Waste Recycling Act 2003, the government has recognised through all English waste collection authorities that disabled, frail, and elderly people will have greater difficulty that ambulant people in dealing with the new regulations on waste collection. Therefore, help or an assisted collection will be and indeed is being provided by local authorities.

People who find it impossible or unreasonable difficult to use the new services should contact their local authorities and ask them for the assistance that you require. The Disability Discrimination Act 1995 requires that local authorities provide such services by making ‘reasonable adjustments’ to enable disabled householders to have a more sustainable operation.

If a local authority fails to provide these services then they may be reported to the Local Government Ombudsman for possible misadministration.

[4] SUPER-BUG DEATHS FIGURES RISING: The Government has been accused of failing patients after figures revealed deaths involving MRSA and Clostridium difficile have risen sharply in one year. Between 2004 and 2005, mention of MRSA on death certificates rose by 39% while mention of C/difficile rose 69%, according to figures released from the Office for National Statistics (ONS). The number of deaths with C/difficile mentioned also rose by 69% to 3,807. In the same period, MRSA mentions on certificates increased by 39% to 1,629. In Gloucestershire MRSA cases stand at about 650 whilst C/difficile at 50 plus. We are currently trying to ascertain the precise number of C/difficile cases in the Gloucestershire NHS Primary Care Trust area but the Trust so far are being less than accommodating.

While political opponents condemned the figures, the ONS and the Government said some of the rise was likely to be down to better reporting. Commenting on the rates, health minister Lord Hunt said: "We are now getting a far more accurate picture of the number of deaths from C/difficile and MRSA with vastly improved recording. "It is a major challenge for the NHS and a top priority for Government. We have set very tough targets for trusts to reduce infections and put a hygiene code and a tougher inspection regime into law, to drive up standards of hygiene and infection control. "As a result we are now starting to see significant reductions in rates of MRSA infections.

The Government has set a target of halving rates of MRSA by 2008, but a leaked Government memo published last month said the NHS was not on track to hit the target and probably never would. It also warned that C/difficile was endemic in hospitals. Shadow health secretary Andrew Lansley said: "The staggering increase in deaths from C. diff and MRSA is worrying enough and the increasing presence of more dangerous strains of C diff and MRSA will become an even bigger problem without an urgent and rigorous strategy now."

Recent reports are suggesting that a new strain of virus is hitting hopsitals which is far worse than Cd and MRSA.

[ 5] ROAD USE CHARGING: Despite the Governments continuing argument to introduce road charging in England and Wales within the next decade, there is yet to be an ’official’ reference made to any exemptions for genuine disabled people and perhaps those who care for them other than by the DPTAC. At the moment, the current proposals to charge for road use will mean that all drivers will have to pay for every mile that they travel and the amount to be paid per mile will vary on the time of day of the journey, or will it? Leaks have already suggested that any set charges will apply 24/7. The cost that has been leaked for inner cities is £1.50 per mile and reducing to rural areas at 4p per mile 24/7. If this is to be so, then road charging will strike disproportionately at the sick, disabled, low paid and many elderly people.

Voluntary hospital drivers, carers, personal assistants , nurses, doctors, ambulances and even friends and relatives who take elderly and disabled people to clinics and GP’s surgeries will have to pay the road charge as matters stand at the moment.

The Minister for Transport has however directed that where congestion charging is taking place such as in central London, holders of the Blue Badge may apply for an exemption of the charge, and if approved, drive through the congestion charge zones without having to pay. These ‘zones’ are increasing and spreading, and if a blue badge holder travels through several congestion zones during a single journey, as it stands at the moment, the holder of a ‘lawful’ blue badge will have to apply for an exemption in each different congestion charge zone which will become not only a nuisance but could become expensive as there is a charge made when applying for the exemptions and then of course these exemptions will have to be renewed periodically at further cost to the holder.

When, and if, road-charging is introduced across the nation, presumable congestion charging zones will disappear as such although nobody has yet said that this will occur. If not, will none exempt drivers be asked to pay a congestion charge and a road use charge in areas where both schemes will in theory operate? Much of the technology being used to identify vehicles in congestion charging zones will again presumably be used to operate any road charging scheme but there is a difference in the way that the two schemes would work.

The current congestion charging schemes use surfisticated cameras and computers to identify vehicles to ascertain if they have paid the required charges to drive in the zone or are exempt from the charge. Any road road-charging scheme will rely on ‘black boxes’ installed in each and every vehicle to identify the vehicle and any exemption it may have. By the use of Global Positioning Satellites [GPS], the same used for satellite navigation systems and radar detection, operators of a road charging schemes will be able to see where you are at a precise time and date and follow you from the start to the end of your journey. This ’spy in the car’ as it is has been named, is yet another step towards ‘Big Brother’ with the rights and freedoms of individuals to be monitored and filed. I wonder what the Human Rights Act will come up with by way of objection to such an invasion of privacy?

It is supposed that if a road charging scheme was to become a reality, then at sometime in the future all new cars will be fitted as a matter of standard with ’black boxes’ to accommodate the road charging/congestion charging schemes and if insurance companies go down the same route as a voluntary scheme operated by Norwich Union whereby drivers will only be charged for time they are on a road, the two systems could be combined. At the moment though, the government is saying that the motorist will have to pay for the road charging equipment and that means disabled, elderly, low income and the sick will have to pay as well, so that if an exemption is in place for a vehicle then the ‘black box’ will show the vehicle as be exempt from any charge.

The infrastructure that is going to be required to operate a road charging scheme is un-imaginable. Every inch of every road throughout at least England and Wales will have to be monitored by a device as well as all vehicles be fitted with and carrying the ‘black box’. If Satellite Navigation systems can pin point the exact position of a vehicle on a road with normally 100 per cent accuracy, then the GPS system is surely the way forward without the need for road side computer systems. In addition there will be administration, billing, tracing drivers, enquiries, court, solicitors, etc. etc. How much is all this going to cost the tax payer? In effect, drivers will be paying for fuel, [unless the price of fuel is reduced which is highly unlikely or vehicle taxation is reduced or abolished completely] and the equipment, the ‘black boxes’ all for the privilege of driving on a road.

Congestion charging schemes are already facing problems with identification of vehicles. False number plates, false addresses of where vehicle are registered, un-tax and un-insured vehicles, fraudulent and misuse of blue badges and stolen blue badges being used to escape the congestion charge are all very common. The police are having fitted into patrol cars, computers that can check on vehicles registration numbers immediately and are successful in apprehending criminals and stolen vehicles. Many people are reporting that they have been ’billed’ for using their vehicle in a congestion zone in which they are have never driven in their lives and are finding it difficult to prove that their car was not the car the cameras saw at a certain time and place. One of the reasons as to why this is occurring is that number plates are being stolen from parked cars and used on another vehicle to escape the congestion charge - this is where the new police computers in police cars comes into play.

Frankly, we at Law and Benefit Review are totally against all the holders of a blue badge being exempt from the congestion charge. We all have experience of drivers displaying a blue badge and then marching or even running off into a store to go shopping without the use of even a walking stick to aid his or her mobility. Tighter controls on who would be exempt from any road charging scheme must be considered. There is more than enough abuse, misuse, fraud and theft of blue badges now as we all know. Can you imagine what would take place if a carte blanc statement such as all blue badge holders will be exempt from road charging. The current congestion charging scheme in London has a large part to play in the hundreds of blue badges being stolen from motor vehicles parking in the inner London boroughs and then used for parking and avoiding the congestion charge. Some disabled drivers in the London Borough’s of Camden and Westminster have had five badges stolen and are now having difficulty in obtaining another.

From what has been released so far by the Government and the media, nobody appears to have considered what the over-all financial effect of road using charging will have on the cost of living. The operators of delivery vehicles, from car transporters to supermarket home delivery services will pass their road charging fees onto their customers which will mean that every single item that we purchase must go up in price. Food, petrol, rail, air, bus and taxi fares, clothing, new cars, etc. will all cost more - how can it not? So in addition to the actual cost of driving to and from the supermarket in your car and paying a road user charge, you are going to pay again as a result of the road user charge being imposed on the use of the delivery vehicles.

No exemptions at all have been announced so far as to any national road charging scheme, apart from blue badge holders using congestion charging zones. If fire, police and ambulance vehicles are not exempted from any charge, will our council taxes increase to pay for the vehicles using the road - if that happens we will see even less police cars on the road then we do now.

Apart from the actual expenditure of the whole proposal to introduce a road charging scheme, will it actually work? How for instance will people travel to and from work in rural and isolated areas where public transport systems are few and far between if at all. What option do such people have other than to use their cars. How will mothers take their children to village schools sometime miles away with no bus services other than using a car? People living in major cities such as London with bus, taxi, trains and underground services could easily use one or other of these services without the need of their own vehicle despite what people say or they could put one foot in front of the other and walk. I know, I have lived in London using the public transport system and it works. It is crowded and dirty but not expensive compared with congestion charges and/or any future road charging and it is places like London where both traffic congestion and pollution are at their highest. If road charging or congestion charging it to become the ’norm’ then that’s were it should be introduced - not in rural, country and isolated areas what cars are a necessity not a alternative means of transport. Yes, public transport needs to improve, particularly buses and trains the later of which are now suffering from chronic over-crowding.

So far from what has been published, the proposals to introduce a road using scheme has been ill thought out, the implications virtually ignored and the effect upon the population will be that their mobility will be based on the drivers ability to pay and the journeys subjected to government ’big brother’ attitude unless they are exempt from the proposed charging.

As an exercise, our Chairman, who is due to take part in a conference at New Scotland Yard in London shortly, said that he would find an alternative means of travelling from Cirencester to London Victoria other than using a car. The journey would be on a Saturday, so it was expected that the fares would be less than weekdays, not a bit of it, £73.00 was the cheapest fare, even though the journey is a month away. On top of this there would be a return taxi ride from Paddington to New Scotland Yard, another minimum of £25.00, plus lunch, drinks, etc. For two people, the journey would cost over £200. What incentive is there for this alternative form of transport to be even considered. Anyway, time will tell. It is more than likely a long way off yet and I don’t suppose many of us will be driving when the scheme starts so we have nothing to worry about or have we?

[6]. 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

[7] VAT HELP ON HOME INSTALLATIONS: As from July 1 2007 Value Added Tax will be reduced to help elderly people stay in their on homes or that of their close families. Items such as stair lifts, walk-in baths, sit down showers, handrails, specially designed toilets will have the VAT reduced from 17.5% to 5%. It should be remembered that disabled people on state benefits such as Disability Living Allowance are exempt from VAT altogether.

[8] BLUE BADGES CHANGES: The Government has announced its plans to make certain charges to the regulations governing the Blue Badge Parking Scheme. Efforts for a second time are to be made to reduce abuse of the scheme and to ensure those who need the blue badge are able to obtain one. The consultation will start on June 19 2007 and will include extending the scheme to children under two who are dependent upon bulky medical equipment and to people with severe disabilities in both arms.

We at ‘Disability Matters’ are totally apposed to all blue badge holders having ‘carte blanche’ access to congestion charge zones and future ‘road charging areas’. We are committed to a campaign to ensure that only those in receipt of the higher rates of disability living allowance are granted blue badges along with War Pensioners, etc. should be awarded the badge. Time after time, after time, after time we all observe alleged disabled people parking their vehicles in a marked disabled parking space, displaying a Blue Badge and then walking away without any mobility aid - not even a walking stick. They all cannot be suffering symptoms that are not in some way visible to other disabled people, can they?

As from April 1st 2007 the NHS prescription charge in Wales has abolished for people in Wales.

All patients registered with a Welsh GP, who get their prescriptions from a Welsh pharmacist, will be entitled to free prescriptions.
Welsh patients who have an English GP and who get their prescriptions from a Welsh pharmacist will still be entitled to free prescriptions. They will need to present their prescription with an accompanying entitlement card.
Along with free prescriptions, charges for wigs and appliances will also be abolished. Patients who receive these services from an English NHS
Trust should have their costs met by their Local Health Board.
Along with free prescriptions, charges for wigs and appliances
be abolished.

Pre-payment certificates: Patients who have un-expired months on their current certificate will be entitled to a refund for those months.

[10] DEBT: More and more pensioners, and others in employment, are getting into debt simply because their total income through state pensions and benefits or earned income will not cover their weekly outgoings. Illness, breakdowns and even suicide is becoming more and more prevalent because debts cannot be cleared.

Falling into debt will affect your financial creditability and credit reference agencies will keep records of your poor or bad payments records. Credit card company’s banks, building society‘s, gas, electricity, water and telephone debts will all be recorded, particularly if the suppliers issue proceedings against you. Unpaid debts increase daily with interest rates being added to the original amount owed.

If for one reason or another you cannot pay and outstanding account, do not ignore it. Write to the people who you owe the money to and try to arrange a payment scheme which you must keep to. This will help prevent action at court, debt collection agencies, bailiffs and even bankruptcy. So long as you keep paying the agreed amount then it is unlikely that the people who you owe the money to will take any action. If again you find difficulties, then tell them and try to arrange another deal. The worse thing that you can do is just ignore letters, telephone calls and visits from creditors.

The Limitations Act 1980 sets a six year bar on debts being collected. If you have a debt that is six years or more old then, subject to certain conditions, you cannot be forced to pay it so long as fraud or crime is not involved. No debt is legally recoverable after six years because it is ‘statute barred’.

A creditor can however pursue you if [a] They have already obtained a county court judgement against you in which case they can instruct bailiffs to seize goods to the value of the debt plus costs. [b] You have made some payments during the six years [c] You have not written to the creditor in the six years admitting the debt.

The Office of Fair Trading issued guidance lines in 2006 to the effect that it is unfair for the creditor to pursue the debtor if they have not heard from him/her in the six years and it is unfair for the creditor to inform the debtor that they can still recover the debt after that period of time. If a creditor pursues you after the sis year period and subject to the above, the former ‘debtor’ may complaint to the Trading Standards Office of the local authority or the Office of Fair Trading although do not expect too much from them. However, debt collection agencies or bailiffs who continue to pursue old debts could end up losing their operating licence.

If you write to a creditor requesting an arrangement to pay off your debt or make a financial offer to settle it, send the letter by some form of post for which you obtain a receipt. A Certificate of Posting or Recorded Delivery. Offers such as this are seldom refused by creditors although they may try to increase your offer but do not offer more than you can afford. If you receive a letter from a credit collection agency or a bailiff in particular do not ignore them. These letters often appear threatening but should be worded within the law so do not be intimidated by them. If the letters are threatening or abusive then consult a solicitor or go to the Citizens Advice Bureau.

There are several advertisements on UK television making getting out of debt look easy, it isn't as easy as the adverts pretend it is. If you wish to go down this line, then take proper advice first. However this action will not be for the use of pensioners and disabled people as the debtor has to be in full time employment and the debt between £10,000 & £15,000. The bottom line of these adverts is that if the person entering into the agreement [IVA]. falls foul of the agreement, then they will more than likely end up Bankrupt as indeed any debtor could end up.

An IVA is an Individual Voluntary Arrangement where you come to an arrangement with all your creditors about how to pay off your debts, which, is enforceable under the Insolvency Act 1986, if you fail to comply with the IVA. This document is normally prepared under the control of a license Insolvency Practitioner and, once in place, it has the force of law. The one thing good about the IVA is that it stops creditors from harassing you, stops, court action, bailiffs, nasty telephone calls and harassing letters unless you renege on the document. It also provides more control over your assets and how you deal with them rather than declaring yourself bankruptcy. This drastic step will take your home, close your bank account, seize your car, cancel credit cards and all goods you own [not on hire purchase] could be removed by a bailiff to the sum of the debt or debts. Clearly the IVA way out is the better choice between them.

The IVA document is a complicated and detailed document drawn up between you and all your creditors and give precise details of a statement of your affairs such as your income, outgoings, your offer to pay of your debtors. Once 85% of your unsecured creditors agree to the proposal you will be secured by the IVA.

Any change of circumstances must be reported to the Insolvency Practitioner and if you default on making payments in accordance with the IVA, then the Practitioner is obliged to petition for bankruptcy.

For further information contact one of the many debtor helpers advertising in newspapers, magazines and TV.

Finally, please do not borrow more money to pay off debts as you will end up borrowing more money to pay off the money you originally borrowed and so on. Always keep in contact with the creditors, keep records of telephone calls and letters and importantly, try to pay off as much as you can leaving yourself sufficient enough to live on. Do not over exaggerate your paying off offer.

[11] The UK will be among the first 50 or so countries to sign a new United Nations convention giving greater rights and freedoms to disabled people.

Disability Minister Anne McGuire will sign the treaty at a ceremony in the General Assembly Chamber in New York. The convention is a first step in ensuring that disabled people around the world have the same human rights as everyone else. It covers education, employment and participation in public life.

About 30 countries will also sign an optional protocol on communications, which will allow people to petition a committee of experts if they feel that their rights have been violated. The convention will come into force once it has been ratified by 20 countries. "It's not just our citizens who will benefit from this," said Ms McGuire. "There are around 650 million disabled people worldwide who stand to see an improvement in their lives too - especially in the developing world where 80% of the world's disabled population lives." The minister said prejudice against disabled people was still unfortunately far too prevalent. "This convention at last puts disabled people's human rights on an equal footing with everyone else's," she added. In the UK a ceremony will take place in London to mark the signing of the convention.

Work is already under way to make sure that UK legislation, as well as policy and practice, do not contravene the convention. Before it can be ratified, the treaty will be put before both Houses of Parliament. The convention will promote the participation and respect of disabled people in society: The areas it covers include:

Independent living
Equality and non-discrimination
The position of disabled women and children
Access to justice, education, health and employment
Participation in political and public life
Participation in culture, recreation, leisure and sport

This is the first human rights treaty of the 21st century and took four years to negotiate.

[12] PROPOSED NEW EU LEGISLATION WILL INCREASE THE PRICE OF WHEELCHAIR ACCESSIBLE VEHICLES

Framework Directive 70/156/EEC might sound innocuous, but its effects will be far from that. Due to come into force early in 2007, the new law will reduce the number of adapted vehicles of a particular model that a manufacturer can sell from 500 a year to 75.

Currently, the UK's Low Volume Type Approval (LVTA) allows a manufacturer to sell sufficient vehicles to recoup the considerable investment that producing a wheelchair-accessible conversion entails - not least the £50,000-plus cost of obtaining LVTA for each model. If this number is reduced from 500 to 75, it will become impossible to run a viable business in this way, meaning that the present situation, with approximately 25 companies competing to provide a good choice of accessible vehicles at affordable prices, will change to one where probably many fewer businesses will survive, with less choice at higher cost to the disabled user.

The entire annual UK market consists of approximately 8000 cars of several different models. WAVCA, the trade association for the industry, had actually been lobbying the government to increase the 500 car limit to 1000 a year - so the discovery that the Department for Trade had allowed instead a decrease to 75, has come as a bitter blow to them. Linda Ling, Managing Director of founding member, Gowrings Mobility, comments, "What is galling about the forthcoming legislation is that our concerns have not been taken seriously, and that disabled people have not been consulted with at all and their needs are being swept aside. It is another case of European rules coming across from Brussels without considering the effect on British industry or the customers that rely on their products."

[13] DISABLED SURVEY: Disabled people are unable to use 70% of buses and 40% of the rail networks except for the Greater London area where all buses are said to be totally accessible to all disabled people. 50% of disabled people list transport use as their main local concern and feel that any possibility of employment has been reduced because of it. 60% of disabled people have no car at all in the household compared with 27% of the general population who have no car.

Compared with the general population as a whole, disabled people travel a third less often. 60% of the rail network is inaccessible to disabled people according to the Strategy Rail Authority,

The Government estimates that it will cost over £100 million to make all rolling stock accessible by 2005 [no wonder they keep shifting the date forward]. This cost is likely to be significantly more as the compliance date has been extended to 2020. [Transport file]

[14] LOW INCOME PATIENTS: It would appear that low-income patients including disabled people are missing out on help with transport costs to and from hospital.
The Hospital Travel Costs Scheme has not been widely advertised and easier to access. The increasing cost of public transport are a serious concern to patients and an estimated 1.4 million people a year decline to accept healthcare because of transport costs.

Each and every hospital trust have a responsibility for making patients aware of the scheme and refunding travel costs where appropriate.

[15] LANDLORD DEPOSIT SCHEME: On the Beehive site we placed an article concerning the new regulations in respect of Shorthold Tenancy Deposits and the new obligations for landlords to ‘secure’ the deposits in a safe Government Deposit Scheme. One of the Schemes is now a ‘free’ one where the Landlord pays no fees to secure the deposit. The Deposit Protection Service [DPS] states that the landlord must pay the deposit into the account within 14 days of receipt. At the end of the Shorthold Tenancy, the deposit must be returned within 10 days. These new regulations came into force on April 6 2007 so if you have taken out a Shorthold Tenacy Agreement since this date that ensure that the Landlord has taken the appropriate steps with you deposit. Ask for written proof. Housing Associations and similar renting authorities are exempt from these new regulations. The regulations form part of the Housing Act 2004.

[16] CARRIAGE OF OXYGEN IN A VEHICLE: If you carry an oxygen cylinder in your car for emergency use, then there are two matters that you must be aware:

You must inform your vehicle insurance company of the carriage of a compressed gas cylinder in your car as they are subject to explosion in cases of fire or in some circumstances as a result of a traffic accident.
You must also display a green warning triangle in the rear window to show emergency fire, ambulance and police crew’s that there is a compressed gas cylinder on board the vehicle and therefore a potential hazard. These warning triangles are available from www.safetyshop.com

Many users of oxygen will need an accessible supply whilst on holiday in the United Kingdom and this can be arranged by your normal oxygen suppler. We all know that O2 is no longer available from pharmacies so the oxygen supply will have to be arranged with the normal supplier and possibly your GP.

As long a notice as possible should be given to obtain your holiday supply and a number of matters to be considered such as will the owners of the hotel or bed and breakfast permit a cylinder of oxygen to be kept on their premises? Oxygen concentrator machines may be taken on holiday but ensure that the supplier knows where the equipment will be in case of emergencies.

Your normal oxygen supplier will have information concerning the use of oxygen whilst on holiday so ask for it. The following organisations will also provide information:

[17] CLAMPING ON PRIVATE LAND: Vehicles displaying a valid Blue Parking Badge should be exempt from being clamped when parking on private land. Unfortunately, and despite the fact that all vehicle immobilisers [clampers] must now be licensed by the Security Industry Authority [SIA], such drivers continue to be ‘clamped’ ‘blocked’ and ‘towed’, along with ambulant drivers, with a resultant payment of vast sums of money to get their vehicles released.

The law regarding the ‘clamping’ ‘blocking’ and ‘towing’ of a motor vehicle displaying a valid Blue Badge is the same for both a public road and a private piece of land. It is forbidden and illegal but it still goes on.

There are still many unlicensed vehicle immobilisers apparently operating with impunity and many drivers, disabled and ambulant, continue to full foal of them. Why drivers wish to park on land that does not belong to them or have any association with is baffling and therefore they must accept the consequences so long as notices are displayed warning of such action. If the ’clampers’ are not licensed then you have the right to take legal action against them which you will find difficult, expensive and exhausting. You will find that you have no option but to pay what they are asking to get your car back. The police will not assist you as your ‘claim’ is a civil matter and really your only course of action is not to park on private property or land in the first place. As we have said, why is there a need to park on other peoples property but disabled drivers do and they continue to find their vehicles towed away, clamped or blocked in.

[18] DO NOT PARK AT UK AIRPORTS: In general, the regulations that provide parking at certain locations for holders of valid Blue Badges do not apply at many airports in the United Kingdom. Heathrow, Gatwick and Manchester airports are ‘no’ ‘no’ areas for Blue Badge holders so please use the car parks. There are price concessions for Blue Badge holders at most airport parking areas and spaces must normally be booked in advance of your journey. The car parks are normally next door or extremely close to the terminal buildings.

ALL vehicles left on airports roads will normally be ticketed and towed away within minutes of being left. Blue Badges carry no weight at all so please be aware. Do not leave your vehicle with a Blue Badge displayed on an airport road unattended because the police will remove it, you will pay a large fixed penalty charge plus a removal fee which can easily amount to £200. All airports continue to be at a high state of security alert so extra attention will be given to unattended vehicles left on airport road systems.

There appears to be an increasing number of a certain group of disabled drivers who think that they are beyond the law and so long as they display a valid Blue Badge on their vehicles they can park anywhere the chose to. Well this is not the case, but if they wish to park in unauthorised areas then they must accept the consequences.

Airports may not display the same signage as would be found on public roads but there are normally plenty of warning signs, both verbal and written, informing drivers that unattended vehicles [and luggage] will be removed. There is an increasing use of a phase being used to describe some disabled people as ‘discerning disabled’. We would class Blue Badge holders who flout parking regulations as such.

For disabled drivers intending to park at UK airports, may we suggest, that you contact the airport you are travelling from or seeing friends off from via. their website or by telephoning them and asking about parking arrangements for disabled drivers. London/Heathrow, Gatwick and Manchester airport are referred to on page 6 of the Blue Badge Handbook issued with all Blue Badges as being areas where Blue Badges are not acceptable for parking purposes on any of the road systems within the airport perimeter and especially close to terminal buildings where high security arrangements are in force.

A recent article in a disabled motorist monthly in-house magazine highlighted the complicated problems that one individual found him/herself at Heathrow buy parking in a ’dropping off lane’ whilst going into a terminal building to see a friend off. It cost him £200.

[19] THE COST OF TRAVELLING: The Government have admitted that the cost of motoring in the United Kingdom has always been less than travelling by the public transport systems available. At the same time, the Government is trying to drive drivers off the road onto the public transport systems by taxation in the form of road tolls. Bus fares have risen by 52.9% and rail fares by 46.2% over the past decade whilst during the same period drivers of small cars have found that their motoring costs were between 41 and 52p per mile in 1997 and 56p in 2005. It was one of the key ‘pledges’ of the Labour government that they would persuade people to switch to public transport and this promise has failed.

[20] NEW BAILIFFS POWERS: Certificated Bailiffs are set to get new sweeping, almost dragooning powers, to break into homes and seize goods if people fall behind with credit card accounts or fail to pay accounts for which a County Court Judgement has been obtained by the Plaintiffs. These powers would leave many thousands of disabled and elderly people at risk from having their doors broken down and/or their windows smashed in order for the Bailiffs to gain entry. The new powers have been condemned by Citizens Advice Bureaus.

The legislation contemplating these measures is the Tribunals, Courts and Enforcement Bill [TCE] which has already received its second reading in the House of Commons. The Bill, if passed, will allow Bailiffs to enforce all County Court Judgements for outstanding arrears from utility bills to personal debt although it is not common for utility companies to take such action.

Bailiffs have come under a lot of criticism in recent months for their forcefulness, aggression and menacing tactics adopted by some firms and individual bailiffs. They have also been criticised for large levy fees and questionable collection charges. Vulnerable people have been subject to abuse and threats of imprisonment in order for Bailiffs to obtain payments.

The law surrounding the working of a Bailiff is complex, confusing and long overdue for reform and the TCE would have been an ideal opportunity to make new legislation with clear safeguards for disabled and other vulnerable people. Bailiffs require a certificate issued by a judge at a County Court which in theory means that the individual is a competent person to hold the certificate, has no criminal convictions and supposedly knows the law concerning the work of a Bailiff - unfortunately this latter qualification is not always the case.

There are a number of officials who already have the right to enter private dwellings. Having obtained a warrant from a magistrates court, any refusal by the occupants of a building named in the warrant to permit free access could result in a forcible entry. Emergency Services - police, fire department and ambulance crews. Gas, water and electricity utility companies. Council Tax assessors who have such powers since 1992 when the Local Government Finance Act came into force, to carry out a survey to decide the level of council tax due. Local Authority Planning Officials investigating breaches of planning regulations. Search Orders issued to local councils in the investigations of cases involving pirate goods. Mental Health issues whereby a social worker needs to inspect premises where a mentally ill person is being housed and finally Pest and Vermin Control Officers employed by local authorities.

It is normally the last action contemplated by Plaintiffs to ask Bailiffs to recover their debt but many Plaintiffs employ debt collection agencies to collect outstanding debts and these agencies also have bailiffs on their staff. Often, forceful letters are sent to debtors requiring full payment of debts within seven or fourteen days. If you receive such a letter and the debt is genuinely outstanding then please seek advice quickly from somebody who can deal with such matters.

[21] HOME INFORMATION PACKS [HIP]: We are returning to this subject again as June 1 2007, when the new regulations are supposed to come into force, will soon be upon us.

One of the documents that will be required in the HIP is a Energy Performance Certificate which details the rate each home is ’energy efficient’ from a Grade ’A’ to a Grade ’G’ which are similar to that given to appliances - ‘G’ being the worse.

Visit www.homeinformationpacks.gov.uk or call 020 7944 4400 for more information and remember that there is bound to be a large demand for the certificate at first so if you are contemplating selling a property on or after June 1 2007 you should act now.

[22] FACTS AND FIGURES: There are 3.1 million people on benefits for more than one year. 600.000 lone parents are in receipt of Income Support for more than a year. £62.000 is saved on average by placing a Incapacity Benefit claimant back to work. £11.9 billion is the annual cost of housing and council tax benefit. 8 million people are economically inactive. The annual cost of Incapacity Benefit is £12.5 million a year. There are 2.7 million people on Incapacity Benefit.

[23] UNSOLICITED MAIL SHOTS: It would appear from the many enquiries that we have received, many of you are continuing to receive mail from companies advertising their goods even though your name and address has not been provided to the mail shot companies and businesses.

Computerised lists can be purchased by the direct mail industry and even ex-directory telephone numbers appear on the lists. The Data Protection Act 1998 does not cover these actions providing the owners of the lists are registered with the Office of the Information Commissioner and comply with the Principles of the Act.

Subject to such registration, you can prevent the receipt of such mailings by writing to the companies and businesses concerned and stating that under Section 11 of the Data Protection Act 1998 you wish them to stop processing your personal data for the purpose of direct marketing.

When writing, you should enclose a copy of one of their mailings including the envelope or wrapping which may contain a reference number which will assist the mailing operators to identify you. Also, ask the organisations to confirm their actions in writing. Keep a copy of the letter.

Under Section 7 [1] of the 1998 Act you are entitled to the right to ask the businesses or companies who you believe holds information about you for a copy of that information and the source of it. A charge of up to £10.00 may be made for this action. Once receiving the information about yourself - if it exists - you can under Section 11 of the Act inform them that you wish them to cease processing your personal data for the purpose of direct marketing.

If the specific mailings that you do not wish to receive continue after a three month period then you may take action to enforce your rights in a court of law or you may contact the Information Commissioners Office to act on your behalf.

Finally, you may contact the Mailing Preference Service [MPS] which would assist in reducing a considerable amount of unwanted direct mail marketing. The MPS can be contacted on 0207 291 3310 or www.mpsonline.org.uk and the Information Commissioners Office at 01625 545700 or www.ico.gov.uk

[24] INDEPENDENT LIVING FUND [ILF]: A routine review has just been carried out on the ILF between June and December 2006. The report in full may be found on the website www.dwp.gov.uk.

The comprehensive report contains 68 recommendations but it will take some time for the Government to consider the implications of the recommendations. For the time being, the support provided by the ILF to disabled people should remain in its present form until 2009/2010. In the meantime, work towards the service improvement will continue.

It will be remembered that twice in two years to the day, confidential, private and personal data provided by clients of the ILF have been stolen from a safe and whilst in transit which has lead to some consternation over the security of personal data by the ILF. A full enquiry is believed still to be taking place.

[25] COPYING ARTICLES: Regular surfers to our website are asking if they may keep copies of some articles which are of a particularly interest to their own disability or circumstances. Yes of course you may, but please remember the terms of our Disclaimer shown below. It would be appreciated however, if you simply e-mail us informing us of your intentions to download and what you are downloading.

[26] ABUSE AGAINST PEOPLE WITH LEARNING DISABILITIES: Learning disability care slammed A health trust has been heavily criticised for "institutional abuse" of people with learning disabilities. The Healthcare Commission, which carried out the review at Sutton and Merton Primary Care Trust (PCT), said care was "simply not acceptable". It is the second report in six months to highlight neglect of people with learning difficulties. The Commission will now carry out a national audit of 200 NHS and private services in England.

[27] ENERGY SAVINGS: Both central Government and Local Authorities are offering huge financial savings on new and repairing of central heating systems through ‘Warm Well’. Additional wall cavity improvements and loft improvements are also included in the scheme which will be assessed when and if a survey is carried out.

[a] Through the Gloucestershire Energy Efficiency Services [also known as ‘Warm Well‘] who can be contacted at 0800 512 012. they can offer a £300 grant for repairs and replacement of central heating systems so long as Corgi registered plumber is registered with the scheme at www.eagagroup.com. The offer is open to all people aged over 60 in England and is not means tested.

[b] The Cotswold District Council [and we suspect other local authorities all so] have a Landlords Grant available which means that landlords with written tenancy agreements can apply for grant to replace or update inefficient central heating systems. In order to qualify, the property is assessed by a local authority energy efficiency officer/private sector housing officer, who prepares a SAP energy efficient report on the property and dependent on the report, the grant is made accordingly. The energy efficiency of a dwelling is assessed by reference to its SAP rating which are on a scale of 1-100 and the higher the number the better. A SAP of 60 is considered to be a good average existing in an average existing dwelling. The Cotswold District Council officer to be contacted for further enquires is Rachael Kayani on 01285-623000.

[c] ‘Warm Front’ who can be contacted at 0800 316 2814 can award a maximum of a £4000 grant for a replacement of an inefficient oil-fired central heating systems and a maximum of £2700 for gas, electric and solid fuel central heating systems. These grants are means tested and the amount granted depends on what state benefits are being received by the claimant.

If central heating systems are completely unworkable or provide little or no heating for warmth or hot water, then please apply for the grant that suits your needs and financial limitations/assessments. The money is there waiting for claimants.

At this time of year, it is a good time to apply for such ‘grants’ as money has been approved by the Government at this time - the new financial year - for such grants to be made available.

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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. May 2007 [edition 14]

[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.
May 2007
[edition 14]