Law & Benefit Review

If at any time you have cause to complain about your personal treatment, benefits, care, pension, etc. and you cannot solve it locally, then write or email that appropriate Minster directly. Details of all the above Ministers and your local Member of Parliament addresses, email and websites details, may be found at www.WriteToThem.com or www.parliament.uk

STOP PRESS: IT HAS BEEN ANNOUNCED THAT 250,000 UK MOBILITY SCOOTERS COULD BE BANNED FROM ROADS AND PAVEMENTS IN THE UNITED KINGDOM FOLLOWING THE DISCOVERY OF A THREE YEAR OLD RULING, WHICH HM REVENUE & CUSTOMS DISCOVERED DURING AN INVESTIGATION CONCERNING THE IMPORTATION OF SCOOTERS [INVALID CARRIAGES] AS UK LEGISLATION CONTINUES TO CALL THEM, WHICH HAVE ALWAYS BEEN CLASSIFIED AS VEHICLES OR ADAPTED VEHICLES, FOR DISABLED PEOPLE, ALLOWING FREE ACCESS TO THE HIGHWAY, BUT NOW THE EUROPEAN UNION ARE THINKING ABOUT RECLASSIFYING ‘SCOOTERS’ INTO A RE-GROUPED CATEGORY OF ‘LEISURE VEHICLES’ ALONG SIDE GOLF BUGGIES, BEACH CARTS, ETC.

COMMENT: WHAT NONSENSE IS THIS? WE FIND IT EXTREMELY DIFFICULT TO SEE HOW A MOBILITY SCOOTER CAN BE CLASSIFIED AS A ‘LEISURE VEHICLE’. THEY ARE A NECESSARY MEANS OF MOBILITY FOR THOUSANDS OF DISABLED PEOPLE - A FAR CRY FROM GOLFING AND A ’LEISURE VEHICLE’.

MUCH HAS BEEN MADE OF ‘INVALID CARRIAGES’ SINCE A DAILY NEWSPAPER AND THE POLICE, RAN A CAMPAIGN CONCERNING THE NUMBER OF BOTH PERSONAL AND DAMAGE ONLY ACCIDENTS, WHICH RESULTED IN THE CURRENT COMPULSION TO REGISTER SUCH VEHICLES CAPABLE OF EXCEEDING 4 MPH WITH THE DLVA . [SEE ARTICLE 21 [BELOW] OF THIS ISSUE OF THE LAW AND BENEFIT REVIEW].

It is our intention to write to the Ruth Kelly, MP of the Department of Transport and the DVLA concerning this lunacy to see if the United Kingdom government are going to introduce these changes or not, because if they are, they are going to take away the mobility of many thousands of disabled people.

[1] REGISTERING YOUR CLASS 3 SCOOTER: mechanically propelled vehicles used on a public road to be licensed i.e. display a tax disc and be registered. Section 2 of the Act exempts payment of vehicle excise duty [VED] for any vehicle adapted and used or kept on a road for an ‘invalid’ and which does not exceed 508 kg [10 cwt] in weight. The use of Invalid Carriages - note the outdated descriptions - is regulated by the Highways Act 1988 which separates invalid carriages into three categories. We are only concerned with category 3 here.

Class 3 ‘invalid carriages’ must be constructed or adapted to be capable of exceeding a speed of 4 mph but incapable of exceeding a speed of 8 mph with a device - a limiter - fitted and limiting the maximum speed to 4 mph for use when travelling on footways. As I have said, such ‘invalid carriages’ [scooters] are exempted from VED, but must display a nil tax disc in a similar way to a car, to show that it is registered in the ‘exempt class’ for use on a public road. How anybody is going to identify the owner of a registered scooter from the VED disc is a mystery, as it contains no registration number, no name or description of the scooter. It would appear to be a ‘paper-only’ exercise but at least it is free to the owners of the scooters.

To register and tax your scooter you must complete either a form V/55/5 for a first licence for a used scooter or a form V55/4 for a first licence for a new scooter, in the same way that you would register a motor vehicle, but take care, as both the answers to the questions that need to be answer must be specific [see below]. Presumable, like a motor vehicle, an annual reminder will be sent each year by the DVLA to remind you to renew your tax disc. Many scooter suppliers are now dealing with the registration of new scooter at the point of sale. We have heard that many people are apparently having difficulties in completing these ‘V’ forms as they are normally used for the registration of a motor vehicle and not all the questions need to be answered. In fact the words ‘invalid carriage’ or ‘scooter’ do not appear at all on either form.

The forms appear to be only available from local DVLA offices, details of which may be found in local telephone lists. Post Offices no longer stock them and they cannot be downloaded from the DVLA website, so either telephone or write to your nearest DVLA office requesting the forms.

Once received, these forms should be accompanied by a ’how to complete forms V 55/5 and V54/5’ which are example/advice documents, but for some unaccountable reason, this booklet is being repeatedly left out of the package. Not all sections of the appropriate form need to be answered, only specific ones. An accompanying example of the wording to be used when completing the appropriate form/section should also be attached to the package - if not - demand one - as it is extremely helpful and very necessary. To guide you, only sections 2, 3, 5, 7, 8, 9, 10, 15, 16, 18, 26, 27, 28, 29, 30, 40, 42, 44 are required to be completed on either form in a specific way. We have a copy of the precise wording to be used to complete the above sections in our office if you require help. Your signature and date of registration will also be required at the end of the completed form. Forms V355/4 shows how to complete form V55/4 and form V355/5 shows how to complete form V55/5. Booklet V100 is also a useful document to obtain which deals with the subjects of ‘registering and licensing motor vehicle’s generally. On pages 23 & 24, reference under the heading of ‘other types of licence’ is made to “vehicles that do not weigh more than 508 kg [10 cwt] and is adapted for invalids” followed by information about registering and taxing.

I can only presume that all the other regulations that apply to ‘mechanically propelled vehicles’ also applies to ‘invalid carriages’ when you sell, scrap, change address, theft, take the scooter abroad etc. We will make every effort to find out if this is so, and perhaps write again on this matter in due course.

There is some good news in all this chaos. No registration or taxation fee is required, and no number plates will be issued or displayed either on the ‘invalid carriage’ or VED disc, but the disc must be displayed clearly. The DVLA strongly advises the need for an insurance policy which is at least sufficient enough to deal with the third party claims. A recent accident involving a ‘scooter’ and rider whereby they both went through a shops plate glass window cost £6500 to settle. It is not a legal requirement, but any damage to property or pedestrians caused by the scooter/rider could result in a claim for damages which could be costly as we have shown. Those considering obtaining insurance would do no better than contacting the British Insurers and Brokers Association [BIBA] on 0870-950-1790.

UPDATE: CATEGORY 3 REGISTRATION: We have now received the following additional details of the next step.

Those registering their powered scooters and conforming to the category 3 requirements, as is required under the Vehicle Excise and Registration Act 1994 [as amended] will, in addition to their nil rated tax disc, also receive a Registration Certificate in the same format as a motor vehicle, and this document, a V5C, will show a registration mark for the ’scooter’ [or as it is referred to in the V5C as a ‘vehicle’] that has just been registered. There is no lawful reason why this number should be displayed on the ‘vehicle’. Infact, the regulations say that no registration mark should be displayed, but nevertheless, your ‘’vehicle’ has a registration mark.

The V5C contains all the requirements of a ‘motor-vehicle’, so the registered keeper must inform the DVLA of any changes in name and address, the sale or transferring of the ‘vehicle’, changes to the ‘vehicle’, and so on, in the same way as the owner of a car, van, lorry, is required to notify such changes.

The V5C should be kept safe and secure in the same way as your car documents are kept. The loss of the V5C will mean in the future that you cannot sell, exchange, export or scrap your beloved ‘scooter’ without it, and part 9 of the V5C completed by you, and returned to the DVLA, and part 10, completed by the new keeper/owner, just like a car, van or lorry.

Interestingly, ‘scooters’ - as we know them - exported from the UK into many European countries such as France and Spain will also need to be registered there on arrival, when an identification mark will be issued for display and there may be a charge. If you intend taking your ‘scooter’ abroad permanently on a retirement basis for instance, take your V5C with you, as it will be essential, as will be third party insurance - unlike the UK at the moment. Holiday makers on vocation need not register any category 3 ‘scooter’ outside the UK, but they should take at least a copy of the V5C along with them.

[2] ARE YOU HAVING PROBLEMS WITH ACCESS?: A third of disabled people are reported to be still having problems accessing goods and services. There are several avenues of approach to over turn this unacceptable number.

First talk to the owners/operators of the premises where you have a problem and try to work something out that will allow you to access the ‘service providers’ premises. The trader must permit ‘reasonable’ access to all disabled people, if he/she does not, then they are liable to a ‘civil action’ against them in the courts. Here, the Disability Rights Commission have supported several high profile cases, but they have been limited and have all been settled out of court. The most noticeable of these recent cases was Dagenham’s when a disabled person found that he could not access a certain part one of their stores.

If all else fails, then talk to your local Citizens Advice Bureau, local disability groups and if your local authority has an Access Officer, then contact this person. Such organisations can suggest the appropriate wording for a letter to be sent to the offending trader which can indicate the Disability Discrimination Acts contents effectively. Other sources of information are www.directgov.uk or www.drc.gov.uk

If the problem is one that is affecting a number of disabled people, then join together and make your approaches as a group. Be professional and elect a single person to argue the case on behalf of all. Too many cooks and all that but what happens if you get nowhere?

It is reported that there are difficulties in taking ‘access’ issues to court. Forget all the paper work, instructing somebody to represent you or your group, serving of court documents on the trader, costs, etc., Firstly, County Courts are not as knowledgeable about the subject as employment tribunals, and cannot offer or give advice as to how go about making your claim other than advice on completing the forms. The court staff are not lawyers and do not claim to be. Secondly, the likely outcome in any financial compensation, even to cover your own costs, is extremely small. Thirdly, the hassle for an individual knowing nothing about court procedure and the workings of a court, to take a case such as one of ’access’ forward is huge. Try finding a solicitor who would be willing to accept such a case. None will have any experience in such matters as no cases involving ‘access’ have yet reached the courts. Not at all promising. Would it not be easier for the offended disabled person to take their custom elsewhere and let it be known that the premises failing to provide suitable access is failing to comply with the DDA or like me, make it a matter of principle.

Disabled people make a huge contribution to both the local and national economy which is often forgotten. Their weekly shopping bill is now said to individually amount to £70 plus. The annual spending power of disabled people collectively is £80 billion. A ‘service provider’ should not be in business if he/she is not going to comply with the regulations.

Remember, you have the law on your side and any respectable trader will know that. You have ‘rights, under the DDA which empowers you to demand those rights, so use those rights to gain the access you so rightly deserve. After all the DDA has been in existence now for twelve years.

[3] DISABILITY EQUALITY DUTY [DED]: When this legislation was first introduced earlier this year, many organisations were falling over themselves to be among the first to reveal their plans concerning their intentions towards the equality for disabled people. Now the Disability Rights Commission is now considering issuing compliance notices to local authorities, colleges, NHS Trusts, fire departments and others, for their failures to produce any evidence that they have complied with the DED.

[4] INFORMATION FOR DISABLED PEOPLE: The Office for Disability [ODI] have issued a five point guide to help the public sector improve the manner in which they provide information to disabled people. Strangely enough, and following on from article one above, one of the problems that has been identified is that a third of disabled people have difficulty in accessing goods and services, often because the way that information has been provided is not been good enough. For more information log onto www.officefordisability.gov.uk

[5] BEDSIDE RIP-OFF: We have covered this subject at least three times before and now the Patients Association [www.patients-association.com] are receiving a deluge of telephone calls and emails from patients and families expressing dismay at the spiralling cost of a hospital stay, in particular the cost of bedside telephone charges.

Elderly, sick and disabled people who spend long periods of time in hospital, rely on their bedside telephone as the one and only contact with the outside world. One man whose wife was in hospital for 21 days and who kept his calls to five minutes or less at a time, received a telephone bill for £200. This is obscene. Whilst we admit that the service and equipment has to be paid for, this level of charges are holding vulnerable people and their families to almost ransom. BT charge 3p per minute at peak times from and to home ’phone numbers and to call most cell-phone networks the charge is 13p per minute, but by calling a hospital bedside ’phone you could be charged sixteen times this amount or 49p a minutes peak time and 38p off peak. In addition to these charges, TV hire costs £2.90 per day although the TV in the ward common room is free and Sky costs from £15 plus VAT per month. In fairness, the cost of a TV set, licence etc. and Sky would still have to be paid for if you have them at home.

‘Law and Benefit Review’ has been challenging the telephone charges in the Gloucestershire hospital system for over three years with a limited success and have urged those patients who can, to use the public telephone’s outside the ward areas. There was a period when the charges were reduced following government intervention and then the whole system was reviewed by among others, Patientline, who have spent millions of pounds on up-grading the equipment and the introduction of new services, so somebody has to pay for it. Other companies such as Premier charge 10p per minute for outgoing calls as do HTS Hosicon for incoming call charges. So why are Patientline charging so much?

Many hospitals are now permitting the use of cell-phones in certain areas of hospitals and some still continue to ban their use. The government have supported the use of cell-phones in certain areas of NHS Trust hospitals, so long as they do not interfere with the use of life-saving equipment. It may be financially worthwhile to consider using your mobile to send and receive calls, if permitted. If you are a frequent hospital patient, look around at the various cell-phone charges and change your ‘chip’ to take advantage of a lower price. Hopefully the use of cell phones on wards will not be permitted - can you imagine this?

The NHS are currently involved in exclusive contracts with the telephone, TV, radio suppliers and effectively have a monopoly on all communications. So keep your telephone calls to a minimum unless you wish to run up large accounts.

[6] SINGLE EQUALITY COMMUNITIES BILL: A plan containing 190 pages, includes laws to ensure the dignity of elderly people and the protection of the disabled in rented property is being prepared.

The new laws are likely to try and protect the dignity of vulnerable older people, both at home and in care homes. The discrimination in goods and services against older people would be banned with banks no longer being able to refuse a credit card to persons over 65, just because of their age.

Landlords will be unable to refuse to put in facilities such as wheelchair ramps or stair lifts which assist disabled tenants get and in out of buildings and public areas inside them, such as lounges. The consultation paper says disabled people should not be forced into isolation because they cannot easily move outside their homes.

This new law is likely to affect large numbers of ‘buy-to-let’ owners, but the cost of alterations will have to met by the disabled tenants who ask for them. Is that right? Recent legislation passed by the UK Government says that all housing must be fully accessible but who is listening?

[7] SCOTLAND FOR FREE: English tax payers are funding free medical care and other things such as free tuition fees for students to the tune of £50 million per annum for the enjoyment of the Scottish people. Good luck to them, but what about the English elderly and disabled?

Chronically ill patients in Scotland will not have to pay a single penny for their life saving drugs whilst in England it is almost like a post code lottery with some trusts affording the drugs and others refusing to supply them. Even life-saving drugs costing £2.50 per day have been refused in some cases. The media have highlighted several cases recently where seriously ill and disabled people in England have been refused life saving medication because it is too expensive and peoples life savings have been spent to obtain the medication to keep people alive. Scotland also has a variety of treatments which are not available on the NHS in England to treat Alzheimer’s, lung cancer, blindness, osteoporosis, etc.

With the £6.85 prescription charge, which incidentally is increasing by another 20p this year for those who pay the charge and are not ill. Scotland plans to phase out all prescription charges for all patients soon. Personal care is free for the elderly north of the boarder with many local authorities offering financial help with personal care for the elderly living at home, free central heating installation for all pensioners, free eye test’s for all and at the end of 2007, free dental checks as well. Free travel for pensioners at all times, whilst England the government are still preparing legislation to provide this.

[8] FREE CARE IN SCOTLAND: The SNP government is to set out its plans for taking further forward Scotland's landmark free personal care for the elderly policy.

Health Secretary Nicola Sturgeon is expected to order a review of the way the policy is being implemented by Scotland's local authorities. She is also expected to announce that payments will increase in line with inflation. The payments have not risen since the policy was introduced five years ago. The SNP manifesto committed the party to increasing the personal care allowance from the £145 a week maximum which was set in 2002. About 50,000 elderly people benefit from the allowance, most of them receiving help with washing, dressing and eating in their own homes. As we have highlighted previously, Wales is more or less operating in the same manner as Scotland, with free prescriptions etc., so again why are English citizens missing out?, maybe we should have our own English regional assembly like the Welsh and Scottish assembly’s because it seems to work far more effectively that central government at Westminster does.

[9] CRIMINAL RECORD CHECKS FAIL: Criminal record checks have not been carried out on tens of thousands of NHS staff, including those working with children and vulnerable adults. BBC Radio Five Live found 68% of health trusts in the UK do not routinely run checks on staff who began work before the Criminal Records Bureau was set up. Some 90% of trusts responded to the survey, which came after a listener queried why she was not checked. The government is yet to respond to the BBC's findings.

[10] CARERS TO RECEIVE TIME OFF WORK: carers across the UK stand to benefit from the right to request flexible working as part of a package of measures introduced in the Work and Families Act 2006. The announcement was made by former Trade and Industry Secretary Alistair Darling who commented: “over 2.65 million carers will have the right to request flexible working for the first time... Flexible working for carers is right for business, right for families and is at the centre of the modern work-life balance economy.” [Mr Alistair Darling is now the new Chancellor of The Exchequer]

Although this only protects the right to ask, it does build on the 2003 legislation, The Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002, which granted that right on nearly 4 million parents of young and disabled children, and from which some families have benefited.

[11] ELDERLY LEAVE HOSPITAL TOO SOON: Elderly patients are being released from hospital too soon and are putting their lives at risk. Last year, 147,257 patients over 75 had to be returned to hospital as ‘emergency emissions’ within 28 days of being discharged. ‘Hospital target’s are being blamed for these figures to free up hospital beds. The apparent lack of the provision of a sufficient number of community services being required in the homes of the discharged patients is also to blame.

Help the Aged says that official guidance makes it clear that any discharge from hospital must be properly planned, appropriate community services in place, and no release should be made unless they are. We at ‘Disability Matters’ have received several telephone calls of late from distressed relatives concerning this issue as their parents or close relatives have been released from hospital with no suitable home to go to and no care or nursing put in place.

[12] CARERS NEWS: The punishing financial implications of looking after a disabled or chronically ill relative are revealed in new research that shows almost three-quarters of people are worse off as a result of caring. Carers have been forced to cut back on food and heating and even sell their homes to offset the financial burden, according to the report by Carers UK. The charity also said the situation was likely to get worse, as it predicted an additional three million carers would be needed over the next 30 years. Campaigners said the findings proved the current benefit system does not work in the interests of carers and called for a full review into the incomes and services of those providing unpaid support.

Louise Moffatt, from carer's charity ‘Contact a Family‘, said: "The cost of caring can be devastating. We've seen families forced to move into housing association properties to make ends meet. "Even if it doesn't get that far, you're talking about people missing out on the things the rest of us take for granted such as holidays, treating themselves at the hairdressers. It can be very dis-spiriting." More than half of the 3,000 people surveyed said they had given up employment in order to look after a dependent, with a similar amount stating that financial worries were affecting their health. A third of carers are in debt, while one in 10 said they could not afford to pay their rent or mortgage, according to the survey. The work of carers is estimated to be worth more than £50 billion a year to the state. However, 64% of carers are not in paid work.

Entitlements: Carers are entitled to a range of benefits including disability living allowance, carer's allowance and child tax credits (if they look after a disabled child). Intended as an earnings replacement benefit, carer's allowance is the lowest benefit of its kind at £48.65 per week less income tax, yes, income tax is payable on this benefit. Campaigners say the situation is made worse as many carers are ignorant of their benefit entitlements.

CAUTION: before applying for carers allowances, take extra care to see that the benefit will not affect your other benefits, if you receive any, or the benefits of the person that you look after, many feel that the Carers Allowance is not worth the paper its written on and fail or refuse to apply for the benefit.

[13] ABUSE: It is alleged that 350,000 pensioners are abused by carers, families and friends annually. They are being neglected, robbed, and sexually harassed according to a daily newspaper. The figure could be even higher as seriously ill and those with dementia were not interviewed nor were care homes and hospitals included in the survey. Neglect and abuse is being undertaken under our very noses and swept under the carpet according to Help the Aged. Last year 342,400 were abused in their last years by family, care workers, neighbours and other acquaintances which is sickening. Neglect is the most common form of abuse affecting 105, 000 known cases. There of course could be thousands more. 85,000 pensioners fell subject to theft, fraud or misuse of powers of attorney 43,000 receive little or no help at all. 62,000 were physically abused and 42,500 were sexually abused. Women are more than likely to be a victim, than men and pensioners suffered generally more than elderly folks. Care workers such as home helps were responsible for 9% of abuse, neglect etc. and a 20% of all thefts. Partners were responsible for 36% of abuse and neglect.

What has happened to the dignity of elderly and disabled people in the United Kingdom and what, if anything are local authorities, police, adult care services and the government doing about it, sweet fanny adam’s by the sound if it.

[14] THE ELDERLY HAVE LESS PROTECTION THAN HM PRISONERS: Five Law Lords in the House of Lords have decided that elderly residents in private care homes do not the Human Rights that criminals have whilst in prison. Some 300,000 pensioners across the country will be effected by this decision which will leave them more vulnerable to neglect and abuse whilst hospital patients, council tenants and prisoners continue to enjoy the Human Rights. What lunacy is this? Elderly residents of privately-run care homes are currently protected by the Care Standards Act 2000 which sets minimum standards of care as well as the UK criminal law. This ruling has been attacked by MP’s, campaigners, Age Concern, Help the Aged, Liberty and the Disability Rights Commission said that the decision was a “catastrophe”.

[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 to 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.

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 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. It was a free service now it costs from £14.00 upwards for such goods to be removed. Now, if we take it to the ‘tip’ ourselves we could well be charged for this pleasure. 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? Refuse companies working for local authorities are not permitted to enter private dwellings to remove heavy items for disposal but they will take them from outside a front or rear door, so long as the item to be removed outside of the house then they will take it. It is clear to us, almost beyond comprehension, that this attitude by local authorities will lead to dumping, fly-tipping and items being increasingly thrown from car windows onto roadside verges and centre reservations.

Recycling and the turning of 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 and then are expected to depose of it and be charged for the pleasure of doing so? 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 be in a nice crisp brown paper bag - remember them?

The household - you and us - are, or have become ‘scape-goats’ of businesses, supermarkets, hypermarkets, stores and industry, who already 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 are currently travelling to local cardboard and clothes receptacles which are local, 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’ food waste as long as it not cooked along with grass and ‘shredded newspapers’ which can all end up on the garden after about a year.

The good news is that some exceptions for vulnerable groups, pensioners, the disabled and large families on low income will be and are being implemented. Ask you local authority for help and advice. 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 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. Only 30,000 Polish EU members were expected according to government figures but 300,000 have turned up so far. No wonder Mr Brown has gone house-building mad!

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 fuel payments problems.

UK applicants for care and funding and carers allowances restrictions are also subjected to such assessment. Many thousands of 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 on average, migrants pay £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 can 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/asylums seekers, is depleting funding paid for by UK nationals through taxation and 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 previous 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 overseas projects that in reality they cannot afford without offending other nations. The continuing expenditure in Africa for instance, and elsewhere cost the UK taxpayers millions each year Trips around the world and so-called ‘final visits’ by the former Prime Minister Blair and his deputy around the globe leading up to Blair’s departure has been estimated to have cost £2.5m, 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 ?': Yes, we know, we have covered this storey several times, before but once again another attempt - or not - has been made to described ‘reasonable’.

Whilst we all 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 and the nature of the provider business 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, to provide a ‘reasonable attitude’ to the services provided, although this is yet to be quantified. It appears to be acceptable for a small service provider to adopt this attitude, but for a larger services providers carrying out and undergoing restorations, they would be expected to plan better access as they go.

[18] CONSERVATORY DISABILITY: The Conservatory party appears to be concerned about he UK’s disabled population. their current leader David Cameron MP has identified matters that require attention. Disability according to Cameron has 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 during this time? Are the Conservatives really saying that the application for benefits will be simplified and the welfare system reformed if they regained power?

Discrimination is employment is an issue with 40% of employers unwilling to even consider job application 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.

Was all this just pre-election rhetoric, a new leaders grasp at reality or the start of a new out-look by the Conservative party? Perhaps, as Jeremy Hunt MP, the Conservative Shadow Minster for Disabled People introduced on June 20 2007 a ten Minute Rule Bill into the House of Commons, entitled the Disability Benefits [Single Assessment] Bill. Mr Hunt stated that simplifying the benefit system will be one of the Conservatives part’s priorities - if elected of course.

For further information, log onto www.thedisabilitychallenge.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’s on 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:

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. August 2007 [edition 17]

[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.
August 2007
[edition 17]