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.
July 2007
[edition 16]

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Welcome once again to our unique website. As far as we can judge, there is no other website exactly like the ‘Law and Benefit Review’ in the whole of the European Union, United States of America or anywhere else. The website concentrates its contents directly towards elderly and disabled people the world over, informing all of those who log onto the site about the facts and the United Kingdoms manner of dealing with elderly and disabled people.

MOBILITY ROADSHOW: This event for the second year running takes place between July 19 and 21 2007 at the Kemble airfield which lays on the A.429 between Cirencester and Malmesbury. For further information contact 0845 241 9390 or www.mobilityroadshow.co.uk

NO SMOKING

The Smoke-free Regulations will ban smoking in public places (including workplaces) in England from July 1 2007. Subject to limited exceptions, the Regulations make it unlawful for individuals to smoke in areas that are enclosed or substantially enclosed. The Regulations also impose positive obligations to display non-smoking signs and prevent smoking in workplaces covered by the Regulations.

Enclosed and Substantially enclosed: All workplaces are to be smoke-free if they are “enclosed” or “substantially enclosed”. Premises that have a ceiling or roof and, not including doors, windows or passageways, are wholly enclosed whether on a permanent or temporary basis will be considered to be “enclosed”. Premises would be considered to be “substantially enclosed” if they have a ceiling or roof, but there are openings in the walls which are less than half the total wall area including other structures that serve the purpose of walls and constitute the perimeter of the premises. When determining the area of an opening, no account would be taken of openings in which doors, windows or other fittings can be opened or shut.

[1] WHAT IS REASONABLE?: Yes, again another attempt to define the word ‘reasonable’. The Disability Discrimination Act 1995 covers employment rights[ Part 2], access to facilities, goods and services [Part 3] and the rights in education [Part 4]. The Act was slowly introduced between 1996 and 2006.

Frequently, the Act uses the word ‘reasonable’ to permit ‘service providers’ a certain latitude in making their services available to disabled people or ‘service users‘. What would be ’reasonable’ to one ’service provider’ or ’disabled person’ would not be ’reasonable to others. So far, we at ’Disability Matters’ have never seen any attempt at describing the word ’reasonable’ in the context that the 1995 Act uses it, until now. It would be ‘reasonable’ [excuse the pun] to say that many people and businesses were awaiting and are still awaiting a result of a‘ test case’ in the English courts during which the word ‘reasonable’ could possibly be defined, but so far no court cases and no definition.

So what is reasonable then? According to the Disability Rights Commission [DRC] there is no definitive answer. There is no template for what one type of ‘service provider’ should do in comparison with another. It is a common sense approach. It’s also about assistance. Being ‘reasonable’ can be anything from getting a text display phone for deaf users to providing staff training. Being ’reasonable’ does not necessary mean ’expensive’ - although obviously it can be. Not much of a bomb shell we admit, but at least the DRC have attempted to clear the air but it would appear that we are back to square one and the long awaited court case!

The European Union have recently undertaken a case study on the definition of what is ‘reasonable access’ and have produced the following:

The “Reasonable Access’’ project will provide policy-makers with a better understanding of issues relating to disabled access to the built environment. Project tasks include:

• Comparing national legislation and EU directives relating to disabled access and use of buildings in order to understand the different interpretations of what is meant by reasonable access
• Examining the way in which a sample of different countries put their disabled access legislation into practice
• Establishing a European consensus on what is reasonable access
• Producing a good practice guide for the implementation of reasonable access that can be used to inform policy and legislation

Over recent years, European countries and the EU have become sensitive to the needs of disabled people. Legislation exists to ensure that people with mobility problems have reasonable access to, and use of the built-up environment. But how does one define ‘reasonable access’ – and who decides what it actually is? This subjectivity has allowed a grey area to develop. There remains many examples where suitable provision of access to and use of buildings by disabled people is denied under the pretext of reasonableness. Does this mean legislation can still allow for discrimination under certain circumstances?

[2] DISABILITY RIGHTS HANDBOOK: This book is published annually by Disability Alliance [Sales] of London and is updated each year with the latest figures on state benefits, the ever-changing benefit rules and a whole host of other matters and legislation. To us it is almost like our bible and is often referred to to advise clients. Please do not be put of by the title, anything that you would ever want to know about a state benefit is in the handbook.

For a copy contact Disability Alliance [Sales[ at 88-94, Wentworth Street, London, E1 7SA or www.disabilityalliance.org or 020 7247 8776 or email sales.da@dial.pipex.com. There are concession rates for disabled people receiving benefits.

[3] WHO CAN RECEIVE CARERS ALLOWANCE: You may be entitled to the Carer’s Allowance if you care for someone who is ill or disabled in their own home. If you are paid the allowance, your other state benefits, if you receive them, may decrease or increase and in some cases, the benefit of the person being cared for may also be affected. Many carers simply forget about claiming the Carers Allowance because it causes so many problems, especially the possible loss of income and it is simply is not worth claiming for.

Not every carer is entitled to the Carers Allowance. This is due to certain rules which apply to the carer, and the person being cared for. The general rules are as following:

THE CARER:

Must be over 16 years of age

You must be spending at least 35 hours per week looking after an ill or disabled person. You do not have to care for them every day - just for the 35 hours per week

You cannot earn over a certain amount of money from other work such as your normal full or part time job after any allowances have been deducted. The maximum amount you can earn varies from year and is referred to in the Budget with changes taking place each April/September. For 2007 the Carers Allowance for a full time carer at the standard rate is £48.65 plus a Christmas bonus. To be eligible for the Carers Allowance, your savings are not taken into account and it also depends on whether you have paid any National Insurance contributions throughout your working life which is taken into account when deciding the amount of the allowance you could receive.

You cannot claim or receive the Carers Allowance if you are partaking in full time education - this means more than 21 hours a week or more of supervised study - not a computer course.

THE PERSON BEING CARED FOR:

The person you are caring for must be receiving one of the following benefits which is paid to them for their care.

Attendance Allowance OR

The middle or higher rate of the Care Component of the Disability Living Allowance OR

Constant Attendance Allowance with either an Industrial Injuries Disablement Benefit at or above the normal maximum rate or War Disablement Pension at the basic full day rate or above.

If the person you are caring for does not receive any of the above benefits and you care for them in excess of 38 hours per week then it is odds on that they would be entitled to one of these benefits.

There is a rather unfair and somewhat complicated formula whereby certain benefits that the person being cared for receives will be reduced if the carer receives the Carers Allowance. For example, if the cared for person receives Income Support, they may lose the Severe Disability Premium if that is included. It called giving with the left hand and taking with the right! Rather than complicate this article, we advice that you seek expert advice as it become more and more complicated and crown it all, the Carers Allowance is also taxable.

Many people find that it is simply is not worth claiming the benefit as it is difficult to work out if one is entitled to it, either the carer or the person being cared for could lose money, its taxable and some benefits are ‘over-lapping’ ones, adding to the complications.

There are six organisations that potential claimants may turn to for help:

Carers UK 0808 808 7777 or www.carersuk.org

The Princes Royal Trust for Carers 020 7480 7788 or www.carers.org.

Crossroads: 0845 450 0350 or www.crossroads.org.uk

Arthritis Care: www.arthritiscare.org.uk
Benefits enquiry line: 0800 882 200 or www.direct.gov.uk/carer

Citizens Advice Bureau: see local telephone lists for number or log onto www.citzensadvice.org.uk

As ever, the information contained within this article is current at the time of going to print [July 2007] and could change at anytime due to government changes, so check carefully for the latest information at your local Work and Pensions office or log onto www.directgov.com and insert ‘carers allowance’ in the search area at the top right hand corner of the home page.

[4] HUNGRY ELDERLY: Thousands of elderly patients are going hungry in hospitals because there is no one there to help them eat their meals. One in five patients said they do not get enough assistance with eating. Many also complained of poor quality and the wrong type of food, cold food, only the use of spoon to eat with and meals taken away from them - un-eating and without comment.

Whilst in the hospital arena, at least a quarter of patients are still waiting four hours or more in accident and emergency [A & E] units despite what the Prime Minister keeps telling the country. Mixed wards - which the Government said it would abolish - are still in existence in many hospitals and there is an unacceptable variation in matters relating to issues of dignity in care. There is also a two year wait for NHS deaf-aids mainly caused by the introduction of the new digital hearing aid which has caused a surge of demand. Outpatients are being kept waiting various periods of times in excess of their appointment times. Why?

[5] PENSION HISTORY: In 1908, the Liberal party set up the state pension scheme, and the party recommended that the amount of state pension should represent at least 25% of average earnings. What went wrong? Our current government pay’s £87.30 a week for a single person, just 15.7% of current average wages, the lowest ever recorded figure.

When Mrs Thatcher was on the throne, she and her government scrapped the pension link with earnings in 1981, although at this point the basic pension was 23.7%. When Labour returned to power, the figure dropped to 17%.

There is a reported surplus in the National Insurance fund of £34 billion - yes billion. The fund pays all benefits and state pensions and it would only cost £1.8b to raise the basic state pension of £87.30 to its true current figure relative to current salaries, if the Liberal formula was re-adopted, the basic state pension would be £114.00 per week - NOW.

Interestingly, the annual interest even at 4% on the £34b would yield about £1.36 per annum so why is it not being used to ’top up’ the pension which is ’ring-fenced’ to £114? What possible reason could Gordon Brown have for this?

[6] BLUE BADGE PARKING MAP: We have reported previously that there is in existence a booklet showing the location of parking bays reserved for holders of the Blue Badge in 62 towns and cities. NOW for free and downloadable, you can view these parking spaces on-line at www.direct.gov.uk/bluebadgemap.

The searches are carried out by post code or town or area and the website shows detailed information such as time restrictions, parking bays that are located on red routes and special notices that apply to individual residential bays.

The Directgov webpage at www.direct.gov.uk/disability also provides information on many disability issues and matters. Mobility equipment, home and vehicle adaptations, arranging care, social services assessments, travel, etc.

[7] NEW NO SMOKING LEGISLATION: As from July 1 2007, The Health Act 2006 will implement in an enclosed work place a ‘no smoking ban’ throughout England. The Act lays down the duties of employers to display no smoking signs which must be displayed at entrances and comply to the standards laid down within the Act. Employers must also prevent people from smoking in no smoking areas. Failure to comply could result in a £1000 fine for the employers. There is also a legal requirement for smoke free vehicles such as buses and trains to have ‘no smoking’ signs displayed. Some local authorities are reported to have employed ‘no smoking’ police!

Just to complicate the issue, the size and layout of ‘no smoking’ signs differ in Northern Ireland and Wales, who already operate their own ’no smoking’ bans, than those in England. As for Scotland, their ‘no smoking’ ban has been in existence since March 26 2006.

There are some exceptions to the no smoking ban such as designated bedrooms in hotels, bed and breakfast establishments and care home bedrooms. The management of such premises must also designate certain ‘smoke free’ rooms and display ‘no smoking; signs in accordance with the regulations.

Residential and part-time carers looking after people who need to be cared for in private individual homes must respect the new legislation and the cared for person must also comply with the new legislation, as after all, it is the ‘work place’ for the carers. We suspect that the new legislation could be exempt in such circumstances but we cannot find any reference to this in the legislation. Carers working for agencies should abide with the new law, and those carers in care and nursing homes must comply as will their employers. We suspect that contracts of employment for carers will contain a ‘no smoking’ clause when working.

Authorised signage which complies to the 2006 Act may be obtained from suppliers such as Safetyshop at www.safetyshop.com or 0800 389 5311.

[8] DO YOU REALLY QUALIFY TO HOLD A BLUE BADGE - IF NOT - SEND IT BACK: To apply for, and hold a Blue Badge, which will entitle you to park in accordance with the concessions afforded by the regulations that collectively legislate the provisions of the use of the blue badge plus free access to congestion zones and future road charging schemes. We think that you MUST receive the higher rate of mobility component and in order to qualify for the benefit you must:

• cannot walk at all; or
• are virtually unable to walk; or
• have had both legs amputated at or above the ankle, or were born without legs or feet; or
• are both deaf and blind and needs someone with you when outdoors; or
• are severely mentally impaired with severe behavioural problems and are receiving the highest rate of care component.
• You receive a War Pensioners, Mobility Supplement
• You use a motor vehicle supplied for disabled people by the Government
• You are registered blind

If you receive the higher rate of mobility component, you are exempt from paying road tax and will qualify for the blue badge scheme (disabled car stickers). If the award is for 3 years or more you may be able to get a car or wheelchair under the Motability scheme.

Only the mobility and other medical problems outlined above, can possibly justify any person from genuinely holding a Blue Badge as such holders are in our opinion ‘genuine’ disabled people. They have more than likely been examined by doctor and/or a consultant as to the confirmation of their medical condition. They would have been subjected to an assessment by the Department of Work and Pensions and would undoubtedly possess some form of mobility aid which would range from walking sticks, crutches, walker, zimmer frame, to a wheelchair, powered wheelchair or a scooter. So why are there so many thousands of blue badge holders who display their blue badge in a parking bay reserved for ‘disable drivers’ and then walk away without any of the said mobility aids?

On a recent visit to Gloucester Royal Hospital to undergo a small operation, the writer found that there was an abundance of disabled parking bays next to the main fee paying car park. Having parked in a disabled bay as we had arrived early for the appointment, we watched the comings and goings of vehicles and people in the disabled part of the car park and saw that only one in ten drivers returning/leaving their vehicles had any form of mobility aid and those who did were accompanied by uniformed carers.

How much longer is this fiasco going to be permitted? Clearly none of the other nine people has any visible disability at all. OK perhaps one, may be two of them would be suffering from deafness or blindness but would these not be accompanied? Those suffering from severe mental illness would more than likely not be driving and again may well be accompanied and War Pensioners could be showing their form of disability but not necessarily so. Frankly there was no evidence of any of these ‘disabilities’ from any of the other nine.

This is the proposition that we at ‘Disability Matters’ is asking the Government to consider. The increasing number of Blue Badges being used by people who appear not to confirm to the qualifying criteria is without question increasing, and yet nobody appears to be doing anything about it. Despite Section 94, that gave the power to inspect blue badges, there is no evidence to support any decline in the abuse, misuse or theft of blue badges and from the evidence at the Gloucester hospital recently, abuse and misuse continues to be rife.

We will be asking for the blue badge regulations to be changed, so that only holders of the Higher Rate of Care of the Disability Allowance will be permitted to hold a blue badge. The DVLA, permit such holders to a NIL rate vehicle excise licence, and the Government backed scheme of Motability provide totally free motor vehicles to the holders of higher rate of care with free insurance, maintenance, servicing, etc. and yet local authorities appear to be dishing out blue badges to all and sundry. May be if they had to financially support higher rates of care in the same way as central Government does, they would be more selective in their issuing of blue badges. The government, through the issue of free excise licences and the provision of motor vehicles to thousands of ‘genuine’ disabled people must spend hundreds of thousands of pounds in their endeavours. Somewhere something is seriously wrong with the current system.

[9] VALUE ADDED TAX ON IMPORTED ITEMS: As internet users, we would suspect that some of you have order items via the internet. If you have ordered them from outside the UK, America for instance, then the items would be subject to UK VAT at 17.5% when received in the UK. Any item shipped to the United Kingdom via the postal systems, airmail or overland will be subject to this charge. Items over and above $39 dollars or £18.00, [postage and packaging will increase the cost, and affect the amount of VAT @ 17.5% payable]. The goods will be held at your local Royal Mail sorting office and not delivered to your home or be able to be collected until the VAT is paid.

Items purchased within the European Union will also be subject to HM Customs & Revenue VAT at 17.5% - less any VAT paid on the goods in the country of purchase. It is vitally important that receipts should be demanded at the time of purchase, showing the business/ company name, address and the equitant VAT number and the amount of local VAT paid. Without the receipt, UK VAT will normally be charged at the full rate = £17.5 per cent. Goods purchased as a result of trips across the channel will also be subject to VAT above a certain level shown below. There is in existence certain allowances which vary, which allows travels to import goods free of VAT and then over and above this amount, VAT will be payable. and above this amount the 17.5% comes into being, which the ‘customs’ officers’ will demand at the entry point into the UK. Any refusal to pay will result in the goods being possible seized until the duty is paid along possibly with the vehicle they have been carried in leaving the occupants to find their own way home by public transport.

Common problems with this, is the Christmas shopping trips, whereby UK residents travel to France/Spain to purchase wine, spirit and cigarettes ’allegedly’ for their self consumption. When returning to the UK, the goods that are over the permitted limited and all the rest of the load will be subject to the full import duty of 17.5% which would then make the whole journey a complete waste of time, money and effort. Do not forget that HM Revenue and Customs have full powers of arrest and seizure of goods if they suspect smuggling - infact they have more power than the police and can act without a warrant. That means that the occupants of the vehicle would be taken to a police station, the vehicle itself impounded and often kept to be later sold at action and all the goods inside the vehicle also seized and later sold.

Many people ordering goods via the internet from say the USA, do not find that they are being subjected to UK VAT charges and the goods are collected from the mail office without any additional charges. But beware, HM Customs and Excise are increasing their investigations on such matters, which results in the goods you were thinking were ‘cheap’ are in fact not. The Royal Mail have also began to display notices in mail office advising customers of the new regulations and the necessity of paying customs duty before collecting their goods.

For full advice on these matters, log onto the HM Excise and Revenue website at www.customs.hmrc.gov.uk

[10] HOW MUCH PENSION WILL YOU RECEIVE?: You can ascertain how much state pension you will receive when you eventually retire by contacting 0845 300 0168 or www.thepensionservice.gov.uk or write to the Future Pension Centre, The Pension Service, Tyneview Park, Whitley Road, Newcastle - upon - Lyne, NE98 BA and asking for form BR19.

[11] ROAD CHARGING TO GO AHEAD: Frankly, we are fed up to the back teeth in writing to the Department for Transport asking for confirmation that genuine disabled people will be excluded from any road charging tolls and that any equipment that requires fitting to a vehicle will also be excluded from any charging.

The ‘Pay as your drive’ scheme had the ‘go-ahead’ from Ministers on May 22 2007 to introduce a Parliamentary Bill for local councils to introduce powers to set up road-pricing schemes. The time to panic has not yet been reached, as schemes already in operation such as in the London congestion charge zone have already exempted holders of the blue badge from any charges subject to prior registration.

We at ‘Disability Matters’ will continue to write to the Government until we receive confirmation of our requests - even if it means a letter a week.

[12] DISABILITY BENEFIT CHEATS: 2007 has produced a crop of exceptional large disability benefit frauds with one ‘fraud’ in excess of one million pounds. Other ’frauds’ have ranged between £8000 and £60,000 for making false claims of disability benefits. Not only are state benefits misappropriated but also housing benefit, free medication and other state benefits such as Pension Credit and of course Blue Badges!

Both men and women have been involved in the frauds, all of which have been caught working, dancing, playing golf and other pursuits and also carrying on their normal careers before they claimed that they were disabled.

[13] DISABILITY HATE CRIME: In February 2007, the Crown Prosecution Service [CPS] produced a policy for carrying out the prosecution of so called ‘hate crimes’ against disabled people.

The Disability Rights Commission [DRC] have claimed that more than one in five of disabled people or 22% have experienced harassment in a public place based on their varying impairments. In London 8% of disabled people have been physically attacked which is double that of non-disabled people. In addition to the physical attacks, disabled people have en-countered abuse and threatening behaviour and little has been done about it by the authorities, police, courts, etc.

The CPS intend to take a pro-active approach to the growing problem of hate crime in England and Wales and at last meeting the needs of disabled people within the justice system. It is reported that such crimes are based on ignorance, prejudice, discrimination and hate. The CPS are to ensure that the police on the street - if you can find them - offer the right kind and level of support when gathering evidence, and to make the whole procedure accessible in every aspect.

Disability hate was introduced into English law by section 146 of the Criminal Justice Act 2003. The CPS has published their policy in accordance with their duties under the Disability Equality Duty 206 and the Disability Discrimination Act 1995. Section 146 is not a new law but it increases the sentence of a convicted person charged with a crime involving hostility. If it can be proved that the hostility was directed towards a disabled person because of his/her disability, the judiciary may and should rise the length of the sentence because of this and the courts must inform everybody involved in the case that the matter has been treated more seriously because of the evidence of hostility based on disability. So far, there is no evidence that any ‘hate crime’ against a disabled person has ever come before the courts in four years. The reason for this is not clear, hence the publication of the CPS policy report to encourage disabled to report hate crime aimed against them.

People who suffer from disabilities have difficulties anyway. Often their confidence is limited and feel that their complaint will not be treated seriously by the police and one quarter of disabled people find that accessing police services is difficult. A quarter of disabled people said that they did not feel safe when out and about. There are also some technicalities with the law itself as it is claimed that the legislation has been drawn up to narrowly and that it will not actually affect the vast majority of matters that happen to disabled people. No wonder there have been no cases at court in four years! Mencap have found that nine out of ten people with learning disability frequently suffer from harassment and low-level verbal abuse - bullying. This would not be covered by section 146. So one wonders how long disabled people will have to accept ‘hate crime’ as part and parcel of their disabilities, if there is very little legislation to specifically protect them. More information may be ascertained from www.ps.gov.uk. Type in ’hate crime’ into the search space.

[14]. DRC CALLS FOR BRITISH PRESSURE: The UK Government should use the occasion of ratifying a new UN Convention on disability rights as the staging post to bring pressure on the EU to end human rights abuses against disabled people in member states, the Disability Rights Commission [DRC] said.

The UN Convention is the first human rights convention of the 21st century and the first ever human rights treaty on disability, but for many disabled people, including children in much of Central, Eastern and Southern Europe, living conditions and life chances fall significantly short of the standards set out in the new Convention.

The European Commission has recently established a Human Rights Agency and the DRC is looking for this body to prioritise bringing such abuses to an end and ensuring implementation of the Convention.

[15] HOUSEHOLD RUBBISH: Once again this intrusion into our lives is high on the agenda. A large number of local authorities charged with the collection of our household rubbish are increasing becoming war-mongering with the issuing of fines for placing the wrong kind of household rubbish in the wrong receptacle, employing staff to investigate and spy on what householders are placing in what bins, if they are placing their bins out too early for collection and even resulting to placing ‘bugs’ to measure the weight of the household rubbish being left for collection. Other authorities have declared ‘once a fortnight collections’ of house-hold rubbish alternative with the collections of tins, bottles and newspapers. Some authorities are going to monitor householders as to how much household rubbish they are taking to their local dump and if they exceed a certain amount, they will be caught on CCTV and then written to asking for a charge for depositing the rubbish at the site. Good thinking this, the authority refuse to take certain rubbish from your home and then charge you for taking it to the dump provided by council tax funding.

For more than one hundred and twenty-five years, it would appear to have been simplicity itself, to collect weekly household rubbish but political meddlers, for what ever reason, have interfered, and introduced draconian methods, charges and legislation.

Gone are the days when all local authorities collected larger objects of household rubbish such as old fridges, beds, tables, washing machines which could not normally be taken by the weekly collection. Some authorities still operate a service which is chargeable but many of us now take our large rubbish to the ‘tip’ and could be charged for this pleasure as well in the future. Will this not increase ‘fly-tipping’? What if you are elderly, disabled or frail or do not have a vehicle or a neighbour to help you? It is clear to us, that this attitude by local authorities will lead to dumping, fly-tipping and items being increasing thrown from car windows onto roadside verges and centre reservations.

Recycling and turning the UK into the ‘green‘ capital of Europe, are the culprit’s behind this activity by government and local authorities, and hiding away somewhere there is a suggestion that this is the chance for local authorities to try to balance their budgets to appease their local inhabitants so that next years council tax will not increase. The fact is that we who pay council tax, are already paying for house-hold rubbish to be collected weekly - will we be receiving a refund of the council tax that would have been used to remove the rubbish on the weeks when it is not collected? We pay once in our council tax annual payments and then again perhaps when we attend at the local dump to deposit the rest of the household rubbish given to us by supermarkets, shops, hypermarkets, stores, warehouses, etc. Why are they not responsible for what eventually becomes household rubbish that is wrapped around the goods that they sell to us such as packaging, cardboard, bubble wrap, plastic, paper, cellophane, etc. Households become ultimately responsible for all this rubbish which is not of their own making and then are expected to depose of it? When will such commercial rubbish be reduce? Who wants’ vegetables wrapped in a plastic tray, covered in plastic, and wrapped in a plastic bag when it could have been wrapped in a brown bag?

The householder - you and us - are, or have become the ‘scape-goats’ of businesses, supermarkets, hypermarkets, stores and industry, who pay at least there times as much as householders do for the collection of their rubbish but it seems like the house-holder is partially relieving the businesses of their obligations. This is not the way to introduce and maintain re-cycling. Yes, we do have to do what we can at home, by separating items such as glass, tins, plastic, cardboard, newspapers, food scrapes, etc. and the government say we will need five separate bins to achieve this. We currently travel to local cardboard and clothes receptacles which are local to our homes, to dispose of such, costing time, effort, use of vehicles, fuel and what about carbon emissions in all this travelling about?

Yes, we at ‘Disability Matters’ agree with recycling, it should have been started years ago. If the Government wish us to ‘go green’, then it will not be achieved by threats, fines and aggressiveness. Once you understand the idea of separating household rubbish and how it works, it is easy to achieve, so why must some local authorities be so aggressive in their attitude to such aims?

Households will have to separate their house-hold rubbish into five separate bins and categories. Compost bins ‘eat’ raw food waste so long as it not cooked along with ‘shredded newspapers’ which provides good soil - eventually.

The good news is that some exceptions for vulnerable groups, pensioners, the disabled and large families on low income will be implemented by local authorities if you contact them.

At the same time, householders should not be subjected to smells, vermin, disease, fly’s, maggots and over crowding of their waste bins just to confirm to ill thought out legislation. Three days of hot weather in the Cotswolds in mid May 2007 produced blue-bottles, flies and smells around the writers dustbins even though the rubbish was wrapped up. What would two weeks of un-collected rubbish create?

For a disabled person, elderly, ill or a weak person to recycle their rubbish could be a difficult matter to achieve. The government have instructed local authorities to help and assist such people without charge. They have been instructed to provide every possible help to such people and it would appear that both the government and local authorities have done just this, so if you are having any problems with any of the new legislation associated with household rubbish collection, then contact your local authority or us.

[16] WHAT IS THE COST OF IMMIGRATION AND ASYLUM COSTING DISABLE AND ELDERLY PEOPLE: Clearly, the UK Government have grossly under-estimated the number of people that will travel to the United Kingdom both legally and illegally to seek immigration and asylum.

The cost of immigration and asylum seeking is becoming phenomenal to the UK tax payer. Education, hospitals, legal aid, NHS heath care, doctors, state benefits, housing benefits, medication, pensions, appeals, hospital places, etc. are all being affected, but the government appears not to be concerned.

Annual claims for asylum alone add up to £79 m for processing claims, £64m for appeals, £129m for legal aid, £700m for housing and state benefit, NHS £17m, schooling £37m. More than £1000m per annum. In the meantime UK borne citizens are subjected to means testing, assessments for state benefits, below average state pensions and winter payments of fuel problems and the majority are refused legal aid.

UK Applicants for care and funding and carers allowances restrictions are also subjected to such assessment. Pensioners cannot afford winter fuel/food bills to feed and heat themselves sufficiently, because of government constant refusal to increase winter fuel allowance. The strange thing is, that an average, migrant pays £12,000 each to be smuggled into the UK, and make up 70% of all claims for refugee status, and as soon as they arrive they enter the benefit system, national health and housing benefit systems, often jumping waiting lists according to the media. The abuse of UK systems by immigrants and asylum seekers, is depleting funding contributed by UK nationals through taxation/NIC, resulting in institutions such as the NHS and education being flooded by foreign nationals claiming their services.

Migrationwatch UK is monitoring this appalling situation and informing the government of the potential consequences. The true figures of the result of asylum and immigration is in the region of £27 billion per annum - yes £27 billion. Imagine how many sick, ill and disabled people would benefit from this money.

The failure of the Governments asylum and immigration policies is pitiful. Promised boarder guards have failed to materialise, deportations has been restricted or non-existent due to court judgements which apparently fear Human Rights issues rather than UK law. In the meantime, vulnerable UK citizens are suffering financially and their living standards remaining below acceptability.

Disability Grants for disabled, elderly, frail and ill people are being restricted, adaptations for disabled properties are being held back, annual increases in benefits and state pensions are remaining pathetically low and increases in funding for care almost non-existent. Both Carers and those they care for are being effected.

The government continues to spend billions of tax payers money on projects that in reality they cannot afford but continue to do so tn order not to offend foreign states. The continuing expenditure in Africa for instance, and elsewhere. Trips around the world and so-called ‘final visits’ by the Prime Minister and his Deputy around the globe leading up to Blair’s departure, whilst UK vulnerable elderly people struggle for care and nursing, disabled people are being offered restricted care by local authorities, state benefits/pensions fail miserable to meet increasing costs in food, fuel, council tax and utility prices. It would appear that the government needs to be seen as being ‘politically correct’ in order to appease the rest of world, whilst their own vulnerable people consisting of the elderly, disabled and frail continue to suffering.

[17] WHAT IS REASONABLE: Whilst we still wait for a lawful definition of the word ’reasonable’ within the courts, the Disability Rights Commission say there is no definitive answer so far. The Disability Discrimination Act describes the word as “given some flexibility and allowing different solutions to over-come and improve access” which sounds ‘reasonable‘, excuse the pun!

The DDA’s accompanying ‘code of practice’ says ’reasonable’ may vary according to the type of premises, the nature of the provider in respect of resources and size and the disruption upon the provider on making the changes and its effect upon disabled customers.

The answer for smaller ‘service providers’ appears to be is to provide a ‘reasonable attitude’ to the services provided, although this is yet to be sustained. It appears to be acceptable for a small service provider to adopt this attitude, but for a larger providers carrying out and undergoing restorations, they would be expected to plan better access as they go.

[18] CONSERVATIVE DISABILITY: The Conservative party appears to be concerned about he UK’s disabled population and their current leader, David Cameron MP, has identified matters that require attention.

Disability according to Cameron is an incredibly wide spectrum, ranging from debilitating illnesses to learning difficulties. Care should be readily available to them and their families and severely disabled people should never be forgotten, but what about the vast majority of disabled people who are fully able and willing to participate in community life but find that they are unable to do so?

Cameron continues, “50% of disabled people of working age are not in work and who wish to leave an independent life”. The “Benefit system needs to be sorted out which traps people into dependency on the state and unemployment” Really?

There are currently 51 different benefits available in the UK, with a complexity of form filling to undertake to apply for any one of them. The Labour party said ten years ago that they would reform the system of application but what seriously have they achieved. Are the Conservatives really saying that the application for benefits will be simplified and the welfare system reformed if they regained power?

Discrimination in employment is an issue with 40% of employers unwilling to even consider job applications from disabled people but the Conservatives say they were ‘proud’ when the DDA was passed in 1995, given disabled people ‘rights’ for the first time.

Is all this just pre-election rhetoric, a new leaders grasp at reality or the start of a new out-look by the Conservative party?

For further information, log onto www.the disabilitychallenge.com.

[19] CONVENTION FOR THE RIGHTS OF PERSONS WITH DISABILITIES: We reported on the signing of the code of conduct a few months back. These ’codes’ are not laws but request how governments should treat all human beings. A draft of the convention can be viewed or downloaded at www.un.org/disabilities/convention.

The convention includes:

• a definition of disability based on the social model and covers all disabled people, with discrimination
• it says that all people have capacity and that governments have a duty to provide support to enable that capacity.
• gives a full right to inclusive education
• gives disabled children a voice in their own affairs
  
• recognises multiple discrimination faced by women and girls
  
• recognises the right to live independently and within the community.
  
• rights regarding full access, including communication, and with reasonable accommodations.
  
• rights for equal treatment in the provision of health services
  
• prevents discrimination through the denial of health care or services or food or fluids on the basis of disability.

Of course this ‘convention; sounds all very wonderful, but already some sections of the UK government are concerned about the consequences, even though the Minister of Disabled Anne McGuire and the Office of Disabilities has signed up to the Treaty. It is not expected to affect our daily lives unless the UK government ratifies the Treaty Parliament and if they do they will need to send in a report every four years to a European monitoring committee to say what they are doing to implement the convention. Lets Hope.

[20] SUMMER MOTORING TIPS:

[1] If you are travelling outside the United Kingdom this year by car, then please be aware of a number of changes that affects UK drivers. Safety issues have changed in almost all European Union Countries. What is required in one country will not be necessary be required in another but something else instead. Contact the RAC at www.rac.co.uk or the AA at www.theAA.com for full details of the requirements in the country you intending travelling to and passing through on route.

[2] Drivers caught speeding in built up areas or on motorways by speed detector systems or uniformed traffic police will not only be fined, but their licence endorsed with penalty points as if the offence took place in the UK. It might even mean surrendering your UK licence to the local authorities for endorsement which then should be returned to you. It would be wise to ensure that you keep a full copy of your driving licence, which means both parts, just in case you never see the original licence you handed over again.

[3] If you wish to hire a vehicle when aboard, make sure you take both parts of your licence to produce to the car hire company, otherwise you will not be hired the vehicle you ordered.

[4] Make sure that your vehicle insurance cover is sufficient for the needs that you may require which includes full breakdown cover, repair, removal to a garage or repatriation to the UK for you and your vehicle. Make sure it also covers hotel accommodation, food, air or sea fares whilst travelling home. Many insurance’s claim to cover these eventualities, but when it comes to crunch time - they do not. Simply taking third party cover or third party fire and theft cover abroad is not wise and could turn out to be very expensive if you are involved in an accident. Many insurance companies will not provide a ‘green card’ with just any type of third party cover and will insist on full insurance cover.

[5] Make sure your vehicle is suitable enough for the journey you about to undertake, in good working order and has been serviced before undertaking your journey. Running around your local area is one thing, suddenly expecting the same car to travel 1800 miles to the Costa de Sol without some attention is asking for trouble. Ensure that the main dipped/head light beams have been adjusted to shine to the right hand side of the road by the purchase of a sticker placed in the appropriate position on the headlight glass other wise you could receive a fixed penalty notice from the traffic police as you will in Spain for driving anywhere on full beam headlights. It is an offence even on motorways in total darkness to drive with main beams switched on. Ensure that you have a GB country recognition symbol on your vehicle or rear number plate and carry all the equipment the RAC or AA advises you carry to avoid committing an offence such a reflective jackets, for all the cars occupants which must be put on before leaving the car, warning triangles - two in Spain, spare bulbs, etc. Do not drink and drive at all. The level of permitted alcohol in the blood in most EU countries is lower than the UK and yes, the police do stop and prosecute offending drivers with the possibility of jail, heavy fines and a ruined holiday and the car impounded for good measure.

Before starting your journey, check the tyres including the spare for condition and pressure. Check oil, water, air and oil filters, windscreen wipers, wheel changing jack and spanners, all lights to ensure that they all work. Clean all car windows inside and out. Adjust all mirrors correctly. Do not over-load your vehicle either. Carry water if travelling through hot countries in the summer heat, particularly if you have a cat or dog with you, and never ever leave them in a car even with the windows open for even a few minutes. In-car temperatures can, and do rise to well over 100C quicker than you can count to one hundred. - just do not do it, as they would die within minutes of being left. Parking under trees or other shelter with even the windows open, makes no real difference to the in-car temperature. The animals would be better off left in care back in the UK. Bon Voyage.

[21] OLYMPIC GAMES: Will the games being held in East London in the year of 2012 be fully accessible to all disabled people? Efforts to achieve this are being shown on the website www.cultur.gov.uk

[22] BENEFITS MONEY WASTED: Key projects spiralling over budget within the Department of Works and Pensions has meant a £640 million dent in taxpayers money.

The projects intended to make it easier for officials to make benefits payments, process claimants’ applications and to stamp our fraud and error. Two of these projects have been introduced and two await are more than twelve months behind and five projects will miss their deadlines and others will come on line between now and 2011.

This appalling waste of public money is nothing less than gross incompetence on behalf of government employees. How do they manage to keep their jobs? In private industry and commerce, such individuals would be sacked, so why are civil servants or their Ministers permitted to carry on as if nothing has happened?

It does not take a computer to work out what £640m would provide to elderly, sick and disabled people. State Pensions could be increased to a realistic figure. Winter Fuel Payments could be increased substantially. Disability Benefits increased and matters such as Disability Grants would be available to all who wish them. So why are the Government permitted to act in this manner without redress?

[23] PROPOSED CHANGES TO THE REGULATORY REGIME OF THE BLUE BADGE SCHEME: The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007.

The Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2007 are proposing a specific extension to the eligibility criteria for a badge for children under 2,, the period of issue of a badge and the layout of the badge itself. The proposed changes are designed to:

• introduce a new category of eligibility for children under the age of two who, because of their specific medical conditions, need to travel with bulky medical equipment and be able to access that equipment quickly, or need to be able to use the vehicle for treatment or to travel to a place for treatment;
• revoke the spent eligibility criteria relating to people supplied with a vehicle at public expense (known as the Invalid Vehicle Scheme (IVS) or “blue trike” scheme). The IVS was officially closed on 31 March 2003;
  
• allow for badges to be issued for a period of less than three years (currently badges can only be issued for three years) to people who are awarded the Higher Rate Mobility Component of the Disability Living Allowance (HRMCDLA) for less than three years. This removes the current anomaly where someone receiving HRMCDLA but whose disability lasts for less than three years could still be enjoying Blue Badge concessions beyond the period of their benefit; (it should be noted however, that we are not suggesting that current badges on issue will be recalled)
  
• change the current criterion for the issue of badges to people with severe congenital disabilities in both arms who drive a vehicle regularly and are unable to operate, or have considerable difficulty operating, all or some types of parking meters or pay and display equipment. Currently, this criterion requires an inability to turn a steering wheel by hand even if the wheel is fitted with a steering knob but this excludes a number of people with severe congenital disabilities in both arms who are able to drive a vehicle without adaptations to the steering wheel;
  
• introduce a hologram to the front of both individual and organisational badges for security purposes. During the changeover from orange to blue badges the decision was taken that a hologram would provide little value to the overall security of the new blue badge as it would be laminated and subsequently placed behind a windscreen. However, with the introduction on 29 September 2006 of the power for police and parking enforcement officers to inspect blue badges, reinstatement of the hologram on the badge will now add value to security and help reduce forgeries;
  
• introduce additional wording (“Front – Display this side up”) to both individual and organisational badges to clearly identify the front of the badge. This is designed to help those badge holders who are failing to display their badges correctly and incurring parking fines as a result because of confusion over which is the front of the badge; and
  
• revise the out-dated form of wording shown on the front of the badges (“Parking Card for People with Disabilities”) to the clearer and more commonly used wording “Parking Card for Disabled People”.

The Transport Minister, Gillian Merron has said that these regulations will be in place by September 2007. In addition, a three month strategic review of the scheme will contribute to a comprehensive Blue Badge Reform Strategy which is due to be published in 2008. Copies of the consultation package may be obtained from the Mobility and Inclusion Unit at the Department of Transport, Tel: 0207 944 3590 or dft.gov.uk/consultations/open

Whilst on the subject of motoring generally, RADAR have published a document ‘Get Motoring Guide’ which originated back in November 2006. The Guide provides unique information for disabled drivers and can be obtained from the RADAR office on 020 7250 3222 or www.radar.org.uk

[24] YEAR OF EQUAL OPPORTUNITY - 2007: This year has been designated the European Year of Equal Opportunity [CEHR] for All.

The new commission for Equality and Human Rights will participate fully in this initiative and act as a central point of contact with a team in place to manage the year until the CEHR comes fully on line. Events will be organised across England, Scotland and Wales and details are same are being awaited.

The ‘2007 year’ aims to raise awareness of the benefits of a just, cohesive society where there is equality of opportunity for everybody regardless of disability, race, faith, gender, age, etc.

There are to be four core objectives:

1. Rights to raise awareness
2. Representation to stimulate debate
3. Recognition to celebrate diversity and equality
4. Respect to promote a more cohesive society

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