Law & Benefit Review

Welcome to the September 2007 edition of the Law and Benefit Review. We welcome all your enquiries and long may they continue BUT, we are not experts or qualified, we have no legal training and we cannot advice on anything at all. In recent weeks, many callers have telephoned our office for advice on a variety of subject matters, which according to them, they have not been able to obtain elsewhere. Unfortunately we at ‘Disability Matters’ would like very much to take on these tasks but we cannot. All we can do is to suggest the appropriate line of enquiry that should be undertaken such as contacting the Work and Pensions Agency on matters concerning state benefits, and the Citizens Advice Bureau on matters requiring a legal mind, or of course referring the caller to their family solicitor. We often refer callers to various websites which contain a host of information concerning their particular problem which hopefully will direct them down a path towards solving their particular problem.

[1] MOBILITY SCOOTERS SPEED LIMIT: The speed limit of the UK’s scooters are to be set at 4.0 m.p.h. on pavements and 8 mph on highways following the death of scooter riders death and a spate of accidents. These new speed limits are to published in a new Highway code due to be published in the Autumn of 2007.

For the first time, the code will include rules governing the safe use of scooters. In paragraph 11, it will require riders to give way to pedestrians and show consideration for other pavement users.

There will continue to be no requirement for any safety inspection of insurance cover, and users are free to ride on pavements and the road without any official training. Although the machines are intended for the elderly, infirmed and disabled, users are not required to register, carry out safety inspections and users may commence riding on pavements and the road immediately after purchase amongst vehicular traffic. All that is required is a paper exercise to register any scooter that is capable of exceeding 4.0 mph and is in the Class 3 definition of a ’invalid carriage’ with the DVLC via. form V55’5 for new scooters or V54/5 for second-hand scooters. So far, very few owners have carried out the registration.

The new updated version of the Highway Code is still in the consultation process but it is expected that the new rules concerning mobility scooters users will be included for the first time and will included advice such as pavements are safer than roads, give pedestrians priority and show consideration for other pavement users. Powered scooters and wheelchairs MUST NOT exceed 4 mph on pavements or in pedestrian areas but what scooter has a speedometer? Riders must be prepared to reduce speed and adjust to other pavement-users and move around other people and obstructions.

Riders will also be advised to take care when travelling on roads where vehicular traffic will be travelling at faster speeds and to take steps to make themselves visible by the use of florescent jackets.

[1A] "DON'T PENALISE DISABLED PEOPLE AND LOCAL BUSINESS" SAYS LOCAL EURO-MP: Local Euro-MP Liz Lynne, Vice-President of the European Parliament's Disability Inter-group, has urged the government to look again at a World Customs Organisation decision which has led to the reclassification of disabled mobility scooters as leisure vehicles, necessitating a 10% import duty on any scooters from outside the European Union from 2004. UK customs officials are now sending a flurry of back-dated tax demands which are hurting local businesses and pushing up the costs of disabled scooters.

The Euro-MP said "It is astonishing that through the UK government's lack of planning and foresight a backdated import duty has been slapped on these vehicles." "Such scooters are real lifeline for many people who otherwise would have no means of independent transport. The increase now being seen in the retail price may well price them out of the market and leave local elderly and disabled people housebound." "I have already raised the matter in the European Parliament and will continue to campaign for a solution with my Westminster colleagues as it is unacceptable that vulnerable people are penalised in this way."

On the 18th July, Liz Lynne submitted the following question to the European Commission and the Council of Ministers:
“To ask the European Commission how many Member States have implemented the collection of duty on mobility scooters for disabled people, following the reclassification of Mobility Scooters to 8703 Leisure Vehicles by the World Customs Organisation; and if they will list the countries that have implemented the reclassification; does the Commission regard the reclassification, which will increase the price of mobility scooters and place them in the same category as golf buggies and other leisure equipment, to be justifiable? The situation originates in a World Customs Organisation decision several years ago to reclassify disabled mobility scooters as leisure vehicles, necessitating a 10% import duty on any scooters from outside the European Union from 2004.”

UK customs remained unaware of this until earlier this year, when it began to send out back-dated demands to importers, which have placed some businesses in financial difficulty. This extra cost has had to be passed onto to dealers and customers. The British Healthcare Traders Association (www.bhta.com) is fighting against the increase and estimates that the price of a scooter could increase by £250. They estimate the total back demands total some £10 million.

[2] ENDURING POWERS OF ATTORNEY [EPA]: If you are intending to make an Enduring Power of Attorney [EPA] and have not yet done so, you should be aware that from October 2007, the rules will change. From that date, these Powers of Attorney will become ‘Lasting Powers of Attorney’ and the procedures for making them will be more complicated [ and more expensive] that those applied to the making of a EPA. An EPA made before October 2007 will remain effective after the new arrangements have come into force.

Powers of Attorney are powerful tools given individuals almost complete control of another persons private and business arrangements. Property, finance, savings, banking, etc. would be such matters under control of another person who has been given the Power of Attorney by an individual who cannot cope any longer with dealing with such matters him/herself. Often through illness such arrangements are deemed necessary but please be careful when choosing the person to be the one who is given your Power of Attorney to act on your behalf. A Solicitor for instances should make an excellent choice. We will be following up this matter in the October 2007 issue of Law and Benefit Review.

[3] ENERGY GRANTS: The Energy Saving Trust says that upgrading loft insulation to 270 mm or 10” could save the average home £220 a year. The UK Government operates grant schemes - seldom advertised - paying up to £2700 to households claiming certain benefits, towards improving their heating and insulation.

Local authorities and energy companies also fund a patchwork of energy-efficiency schemes. For more information on this go to www.energysavingtrust.org.uk or call 0800 512012.

The Government also makes grants of £2500 towards the installation of solar panels, wind turbines, and heat pumps. Further information may be obtained at the website www.carbonbuildings.org.uk

It should be remembered that often planning permission is required for such energy saving devices such as wind turbines and solar panels so before installing them contact your local authority.

[4] OVERSIMPLIFYING DISABILITY BENEFITS COULD BACKFIRE:
Oversimplifying disability benefits could have a negative impact on how they are administered, a government benefits expert has warned. Bill Farrell, quality improvement manager for the Disability and Carers Service, told an inquiry into benefits simplification by the work and pensions select committee, that simplifying legislation underpinning disability living allowance (DLA) and attendance allowance (AA) could “make life easier”, but would threaten the amount of judgement, discretion, training and support involved in delivering them.

Mr Farrell said: “DLA and AA are designed to be specific and Parliament have asked us to target the benefit in specific areas. If you made it much simpler you would lose the purpose for which they were conceived.” When pressed by committee member Anne Begg MP on the 40 per cent rate of appeals on benefits decisions which are successful, Mr Farrell claimed that the “vast majority” of those were because “something new came up”, such as a new piece of evidence, and that the number of appeals had decreased. He said improvements included better claim forms, additional staff training and guidance, target checking, improved evidence taking and keeping the customer informed. [1523]

[5] SOARING HOME HELP CHARGES: Hundreds of thousands of elderly people are facing steep charges for home-help. The rate that local authorities are cutting back on meals-on-wheels and help with washing and dressing, cleaning and shopping is increasing fast.

Elderly, frail and disabled people are facing an increasing struggle to remain in their own homes, and for many the are faced with the only other alternative, and moving into residential care homes where the local authority only pays the bills after the residents savings have been depleted.

It has been estimated that some 400,000 people will lose their free help by 2009. Those who are forced into homes, are charged an average of £160 per week, almost two weeks state pension for a single person, with some authorities charging £320 per week for a couple.

There would appear to be no set means of assessing an individuals financial situation as each local authority has its own ‘testing system’ to decide who should receive help to live in their homes. It has already been established that it is far less costly for a person to stay in the own home and be cared for than to stay in residential care homes. In 2006, an influential report called for a major increase in Government spending on home-help services but nothing appears to have happened. One theory is that local authorities are forcing people to sell their homes to pay for their care/nursing, so that they profit on the values of the properties.

We have said before in various issues of the Law and Benefit Review and we will advice again. If you are faced with the problem of selling your home to pay for your care DO NOT sign any documents presented to you be a local authority or care home management until you have sort advice and guidance from a solicitor or the Citizens Advice Bureau. Ignore threats of your care being terminated, and send or give all documents that you have been requested to sign to your legal representative. Dependent on circumstances and individual cases, court decisions have been made saying that people DO NOT have to sell their homes in order to be cared for. SEEK ADVICE AND SIGN NOTHING TO USE HAVE TAKEN ADVICE.

[6] IS THE END OF BLUE BADGES IN SIGHT?: What disabled drivers have taken to be ‘their right’ to park ‘for free’ in public car parks by using their Blue Badges is beginning to be eroded. Many local authorities and companies operating ‘off street’ car parks, are extending car parking charges to cover blue badge holders as well.

The South of England appears to be leading this development of charging with a somewhat complicated method of charging dependent upon what facilities the car park provides. If wide bays, lighting, low payment machines and signage are provided, then a charge is being made to both disabled and ambulant drivers with blue badge holders being included in the charging. Many authorities are providing a ‘concession’ time, to allow for the extra time it takes disabled people to carry out tasks such as the loading and unloading of wheelchairs and scooters. In the areas where these new charges are being applied there has been an increase of marked disabled bays for ‘on-street’ parking which is still free with the use of the blue badge. Not all car parks are being affected by these new charging systems.

In some areas where parking charges for all have already been introduced, discounted schemes have been set up by the local authority, whereby disabled drivers may receive up to a 50% discount on the parking charges by the purchase of a ‘disabled parking voucher’.

The authorities introducing these new charges have expressed their concerns that some disabled drivers will find it hard to absorb the cost of parking within their budgets for operating their essential mode of transport - the car - but nevertheless have gone ahead and commenced/increased the charging programme.

Surprising, very little opposition has been made to these new measures by local disability groups, after all, not all local authorities have operated a completely free car parking for disabled drivers and for years, particularly at costal resorts, blue badge holders have had to pay for their parking. Many NHS hospitals have for some time charged blue badge holders to park within hospital car parks which has caused a lot of complaints, but why should blue badge holders have free parking anyway? The various Acts of Parliament that provided the Blue Badge scheme in the first place makes absolutely no reference at all to holders being allowed to have free parking - only ‘parking concessions’ to the waiting restrictions which are clearly laid out in the DETR booklet T/INF/222 supplied to all blue badge holders when they are first provided with a badge. Does it say anywhere in the T/INF/222 that now you have a blue badge you may also park for free in a car park? NO. On page 6, the booklet says that the concessions do not apply on private roads or off street car parks so you should check to see what concessions are available by looking at the signs, and whether blue badge holders have to pay. The booklet was updated in 2000 so there is nothing new in blue badge holder’s having to pay.

[7] DISABLED EUROPEAN WOMEN: There are 60 million disabled females in the European Union who do not yet have equal opportunities in the community. They are often unemployed and face lifelong poverty and many are affected by their countries health systems. There is also a lack of barrier-free safe shelters for them to use. Theses are just some examples of everyday discrimination faced by disabled women in Europe.

With European countries growing ever closer, the European policy is become ever more important. For example, European anti-discrimination directives have been very helpful in establishing rights for both men and women but there is a lot still to do.

Women and disabled people should be considered in all regulations and directives with the EU - not just those that refer specifically to women or disabled people. Disabled women also need action to improve their quality of life all over Europe and all EU countries must ratify the UN Convention on the Rights of Persons with Disabilities.

There is a general overall lack of specific networks of disabled women in some European countries and not enough thought is being put into disabled women’s issues. Their problems are not being addressed at national levels but there are organisations such as the Disabled Peoples’ International which has a women’s network but what is really required is an independent European network of disabled women to campaign independently of other organisations and to put women’s issues on the agenda. If you wish to know more log onto www.weibernetz.de which offers comment in English.

[8] DISABILITY LEGISLATION TO BE REFORMED: In an effort to show what other countries are practising insofar as ‘disability problems’ are concerned, here briefly is what the French are doing.

In January 2004, the French government issued a bill on promoting equality for people with disabilities. The draft legislation, which has already been amended by the Senate, includes provisions to promote the employment of disabled workers in the mainstream labour market, such as a requirement on employers to make 'reasonable accommodation' for such workers and an obligation for employers and trade unions to hold regular negotiations on relevant issues.

A bill 'promoting equal rights and opportunities, participation and citizenship for disabled people', which had been postponed several times during 2003, was tabled in cabinet on 28 January 2004. The initiative was developed in the wake of a long process of consultation with disabled advocacy groups and the National Disabled Persons’ Advisory Council (Conseil National Consultatif des Personnes Handicapées). The plan to reform the existing basic legislation on people with disabilities, which dates from 30 June 1975, addresses one of the priorities set by President Jacques Chirac in July 2002 for his five-year second term of office. The bill, which has been severely criticised, has already been significantly amended by the Senate, which discussed it in late February and early March. The government’s goal is to have a final vote on the bill late in 2004, with a view to bringing it into force by January 2005. The French Bill in full apparently still awaits!

[9] PUBLIC TOILET CLOSURES LEAVE OLDER PEOPLE PRISONERS IN THEIR OWN HOMES: Various new reports from Help the Aged show the far-reaching effects of incontinence and public toilet provision on older people. Fifty-two per cent of respondents said that they are restricted by how often and how long they can leave their homes for because of a lack of public toilets. Some people have an optimistic and courageous way of dealing with this difficult problem. Others manage with the support of family and friends and through their involvement in outside interests, while a small number regard their shrinking social involvement as permanent.

[10] SOME FACTS ABOUT YOUNG CARERS: The following details recently released, suggests the appalling situation that many young carers find themselves in, to look after their disabled, sick, ill, mothers, fathers, grandparents, etc. All of them no doubt carry out their tasks because of the love they have for the parents or grandparents, but shouldn't the government/local authority be providing this care? We are sure that the ‘young carers’ would wish to contribute to helping the parents and relatives but not to this extent:

The average age of a ‘young carer’ is 12 with some as young as 5 years, and the 2001 census indicated there were approximately 175,000 young carers in the UK then, how many are there now?
13,000 young carers may care for more than 50 hours week, that’s 18 hours more than an adult is required to work to qualify for the Carers Allowance but the young carers receives nothing. More than half of the young carers reside in one parent families, and almost one third of young carers care for someone who suffers a mental health problem. There are 686 ‘registered young carers’ in Wiltshire [UK] and 500 in Gloucestershire. It is no wonder that the Gloucestershire Adult Services only has one star for their services - or lack of them!

We at ‘Disability Matters’ are appalled at these facts and figures. Clearly the Government and Local Services are failing abysmally to deal with this situation generally by not employing sufficient enough trained adult carers, increasing salaries enough to attract suitable carers to look after adults suffering from sufferer's from mental health problems. We are even more amazed that Gloucestershire & Wiltshire County Council keep a register of their counties young carers - should they not be providing trained carer’s to look after the person their registered child is looking after so that child can continue with his/her education instead of coming home from school and possibly facing shopping, cleaning, cooking, gardening, possibly feeding brothers and sisters as well as their patient and a host of other chores instead of doing their homework. We are writing to the Government concerning this matter to see what they have to say.

[11] THE NATIONAL ACCESSIBLE SCHEME: In order to assist disabled people choose their holiday accommodation, the VistBritain National Accessible Scheme [VBNAS] has been formulated for holiday parks, self catering establishments, serviced accommodation [which includes bed and breakfast operators and hotels/motels/country houses]. The Scheme includes standards for hearing and visually impaired guests with mobility impairment. By the use of signage depicting wheelchairs, ears, eyes and walking aids, various levels of accessibility from level 1 being low to level 3 being high plus an ‘exceptional access level’ with a written description of the access being claimed, disabled people should no longer encounter difficulties with access to such establishments.

There are five different levels of accessibility that will permit clients suffering with mobility impairments to chose the appropriate level to suit their needs, with a further two levels to meet the needs of visitors suffering from hearing impairments and a further two for sufferers of visual impairments.

All members of the Scheme must display their awarded appropriate signage at their establishments indicating what level or standard of accommodation their disabled clients may expect. Accommodation that displays more than one symbol is committed to accessibility, and you the client may be rest assured that the premises have been thoroughly assessed against a demanding criteria. VisitBritian do not promote accommodation that has been self assessed to the criteria indicated, so one can be assured that an assessor has visited and awarded the rating if they are shown on www.enjoyengland.com.

Apart from over 100 specific criteria for each level, one can expect operators with the ratings to provide:

Operators of establishments offering this level of accommodation should indicate so on their websites, brochures and note-paper with the varying symbols and descriptions. For those who wish to view the whole spectrum of the levels of accessibility under the VBNAS may log onto www.tourism.trade.org.uk in the quality section.

Local Tourists information centres will also carry information concerning premises that are accessible. For a copy of the ‘ratings’ and ‘levels’ send a S.A.E. to ‘Disability Matters’ P O Box 5, Unit 6, Corinium centre, Cirencester, Gloucestershire, GL71AA.

It is incredible, that twelve years after the Disability Discrimination Act 1995 came into being, some expensive hotels and country houses are still failing miserable to provide even ‘reasonable assess’ to their rooms, bars and restaurants. Some are providing ’assess’ but little else. I recently stayed at a country house hotel in Wales that advertised an ’accessible room’. The room was indeed accessible but the wardrobe for instance was not. The bathroom had a flat access to the shower but there was no suitable grab rails within the shower area, no suitable seat within the shower area, no alarm pull anywhere, no warning notice on a hot towel rail right next to a toilet grab rail. The hot and cold taps were unsuitable for arthritic users and the access to the main entrance to the hotel was not at all ’accessible’. There was no loop system on the room telephone, no fire alarms and the windows were impossible to open. The toilet within the hotel was far from being ’disabled friendly’ and no disabled parking places were in place. The restaurant was accessible via a back pathway with onward access to the reception area. I would have expected that an advertised ’accessible room’ would have all the facilities necessary to accommodate a disabled person but it did not.

[12] NEW DISABLED RIGHTS FOR HOLIDAYMAKERS: The government has unveiled new measures to bestow more rights on disabled holidaymakers flying to destinations within Europe.

Aviation minister Jim Fitzpatrick said that from July 26th, airlines, travel agents and tour operators will no longer be able to refuse travel bookings on disability grounds. The measures also state that airlines cannot prevent disabled travellers - including those with reduced mobility or a temporary problem - from embarking on a flight if they have a valid ticket and reservation. Those who feel that they have been unfairly untreated under the new law will be able to make a complaint to the Disability Rights Commission. Mr Fitzpatrick said that when the second round of measures are introduced next year "disabled passengers will be assured that they can expect a consistent and seamless level of service from airports and airlines".

The Department for Transport launched the consultation for the new rules in April this year. It closed on June 25th.

[13] BENEFIT HELP FOR THE ILL OR DISABLED: People who can not work due to ill-health or disability can be in line for help with living costs. The most commonly claimed benefits are Incapacity Benefit and Statutory Sick Pay. There are also a range of less claimed benefits available to smaller groups, such as those who can not work because of industrial injury.

Claimants are expected to have made some National Insurance contributions (NICs) in order to qualify for incapacity benefits, although people who are under 20 can be exempt from this requirement. The benefit can be claimed at a local Jobcentre Plus office or online at the Department for Work and Pensions website.

Employees who are off sick for more than four days in a row and earn at least £87 a week may be able to claim Statutory Sick Pay (SSP). However, workers who are on strike or in legal custody can not claim SSP. SSP is paid from the fourth day of any period of sickness and lasts for a maximum 28 weeks. SSP is paid by the employer - not by the state - on your normal payday. Any payment is subject to tax and NICs. However, it is unlikely to be high enough to trigger either. Women who are off work because of pregnancy-related illness can swap to Statutory Maternity Pay up to four weeks before the baby is due. Remember, whatever the reason for your absence from work, if you are sick for more than seven days, your employer will be entitled to ask for a doctor's sick note.

There are a host of other benefits relating to particular injuries or illnesses all meant to support those with specific needs.

They may not be claimed as frequently as Incapacity Benefit or SSP. Nevertheless, they can be crucial for the recipient.

Further details on these benefits can be found in the benefits section of the government's Directgov website, www.direct.gov.uk.

[14] BT CHARGES: Low income people should try to avoid paying telephone accounts with BT by cash or cheque as it costs an extra £4.50 per quarter. Payments by direct-debit avoids this unfair extra charge.

[15] MEDICAL GAS CYLINDERS/VEHICLE SAFETY CARD: The carriage of medical gases in private motor vehicles needs to comply with certain regulations other than Health & Safety.

It is safe to carry small oxygen cylinders in cars, and this applies to both full and empty cylinders. All medical gas cylinders are labelled in accordance with the Hazard Information and Packaging Regulations 1993 for the purpose of safety and identification for emergency services.

There are no specific regulation covering the carriage of medical gases [oxygen] in small cylinders, although it makes sense to apply the regulations for the carriage of larger cylinders with that of the carriage of smaller ones, especially these days, when ‘cylinders’ are often used by terrorists to pack explosives, nails, bolts, etc. into and then cause an explosion.

There are a number of recommendations to people carrying medical cylinders which they should comply with and these may be obtained from BOC Gases at www. along with a Transport Emergency Card [Road] which should be carried in the vehicle at all times.

Any vehicle carrying oxygen supplies for instance should have displayed to the rear of the vehicle a green/black identification sticker which may be obtained from suppliers such as Viking-Direct at www.viking-direct.co.uk.

[16] CONSERVATIVE CHANGES: The Conservative party has unveiled plans to increase certain state benefits. The Carers Allowance would have to be doubled to around £90.00 to help those who are having to look after an elderly relative or a disabled child. By carrying out these increases, it would be reflect the work carried out by an estimated 795,000 carers looking after aging relatives or disabled family member.

[17] GLOUCESTERSHIRE BUS PASSES: The current use and arrangements for ‘free’ bus passes in Gloucestershire will change as from April 1 2008. The most noticeable change will be that such bases will no longer be ‘local’ but ‘national’. In other words, the passes issued by the Gloucestershire District Council will become ‘national’ anywhere in England.

The final details are yet to be finalised by the Department for Transport and the current format of the bus pass will alter. A new ‘smart-card’ with a digital photograph of the holder, plus additional information will be issued to replace the current cardboard pass.

Two new passport style photographs of the holder will be required plus other personal details. Forms for completion, requesting additional information, are being circulated by the various District Councils and it is proposed that the new bus passes will be available in March/April 2008. If you already possess a bus pass and have not received a form to complete then contact your own local authority.

It is not known at this time if these ‘passes’ may be used on the National Bus Service or just the local buses, and therefore we are endeavouring to ascertain from them or the local authority what the score is here. Watch this space.

[18] CHEQUES ARE OUT: Many supermarkets, stores, trains companies, etc. will shortly stop accepting cheques for payment of goods, some have already stopped. The biggest users of cheques are the over 65’s. The costs involved in processing cheques is high, so alternative methods of payment will have to be found such a credit, debit cards or cash. Sainsbury’s, Argos, Asda, Boots, BP, Morrisons, WH Smith and Shell are among those who are no refusing to accept cheques.

For elderly people, using cheques to pay for goods has been a practice that they have used for decades, but now they will have to use a ‘card’ of some kind which may escalate the problems of PIN numbers that many find difficult to remember. They call it progress.

[19] CARERS MISS OUT IN PENSION SHAKE-UP: Thousands of women who have stayed at home to care for elderly relatives will lose out on up to £28.500 each under the forthcoming pension shake-up.

From April 6 2010, a woman will only have to work for 30 years to make sufficient National Insurance Contributions [NIC] to qualify for full state pension but 1.2 million women who reach retirement age before then must have worked for 39 years. This means that in fact these ladies are being penalised for caring for an elderly relative or friend.

A single female who has been a ‘carer’ virtually all her working life will face retirement in poverty and struggle to pay bills. In total it could cost them £28.500 due to the shake-up. The Dept of Works and Pensions are saying that the state pension of such women should be addressed as soon as possible.

[20] ANALOGUE RADIOS COME TO AN END: First TV’s will switch over to digital starting from October 2007 in parts of Cumbria and by five years time all analogue radios will stop working, Why? Digital on AM and FM will be the only signals that will be able to be received in the United Kingdom. Digital radios are more expensive than analogue ones so if you are thinking of buying a new radio - don’t by another analogue one, as it will be silent in five years time.

Many areas of the UK cannot receive digital radio at all, others areas receive a continuing broken signal making listening hard work. Many are saying that until the whole country can receive a ‘digital’ signal, then the switch over must be delayed. AM signals themselves are very poor in many areas so jointly AM and FM signals could result in very poor reception for millions of people, so what’s the rush?

Commercialism appears to be an answer, as many companies have spent considerable sums on digital channels, but if millions will not be able to hear the new commercial FM channels which include advertising, won’t the whole matter blow up in their faces.

DAB technology, as it is known, is for ever improving and may surpass the current FM systems but which ever way you may look at it, new radios need to be capable of receiving FM digital radio for the future.

[21] REGISTERING YOUR SCOOTER: Whilst we have covered this subject before, we make no apologues for covering it again in this issue of the LBR, to keep people up to date with this escalating issue, also see article 23 below.

Those people who have applied to register their scooters are apparently having difficulties in completing either form V55/5 for a second-hand scooter or form V55/4 for new scooters which appear to be only obtainable from the DVLC, Longview Road, Swansea, SA6 7JL. Tel: 01792- 786561 or your local DVLA office whose address will appear in your telephone lists. It has been revealed that very few out of 250,000 owners of class 3 scooters have so far registered their means of mobility with the DVLA and so far the DLVA are taking a lenient attitude, but to those that have not registered - don’t push your luck , as the police are warning that due to the increase in serious personal injuries caused by scooters on pavements - they will take appropriate action against offending scooter riders if necessary and owners of property damaged will pursue claims against those who cause damage.

These forms are for the general use of registering and updating information on all road using vehicles which includes ‘invalid carriages’ although no reference to them will be found on the forms. When the appropriate form is received, it should be accompanied by a further document entitled ‘how to complete forms V 55/5 and V54/5’ example/advice document, but for some unaccountable many of them are not. We advice that not all sections need to be answered as the examples indicates. We are in possession of a photocopied example form along with the two ’how to complete’ forms, so if anybody wishes to obtain same to assist in the completion of the ’V’ forms then send us a stamped S.A.E A4 envelope requesting the example/advice document or the photocopied example or both to P O Box 5, Unit 6, Corinium Centre, Cirencester, Gloucestershire, GL71AA.

Only class 3 mechanically propelled invalid carriages that are constructed or adapted to travel of speeds exceeding 4 mph but not capable of exceeding a speed of 8 mph on the level under its own power and other scooters intended for use on roads or highways. The invalid carriages must be fitted with a device capable of limiting the maximum speed to 4 mph when used for travelling on public footways and pavement areas.

Such vehicles are exempt from VED but are subject to the Road Vehicles [Regulations and Licensing] Regulations 200. This means that they must display a nil tax disc and be registered for road use. No registration fees are involved and no number plates need to be displayed, however an annual licence disc will need to be displayed, so annual applications need to be made to your nearest DVLA office to renew the disc in the same manner as you would your car.

[22] PATIENTLINE: The firm behind the controversial hospital ‘phone services which are costing patients and relatives a fortune in call charges, is hovering on the edge of corporate bankruptcy and allowing price cuts for its hospitalised customers. Patientline has been lambasted after call rate increases in April 2007. The Company Chairman is due to tell investors that the companies current financial position is unsustainable as the company is paying £8 million a year in interest rate to the Royal Bank of Scotland, HSBC & HBoS. We have been continually writing to Patientline for years concerning the excess charging be made for bedside calls and next month we will reveal the latest news.

[22] BENEFIT HELP FOR ILL OR DISABLED PEOPLE: People who can not work due to ill-health or disability can be in line for help with living costs. The most commonly claimed benefits are Incapacity Benefit and Statutory Sick Pay. There are also a range of less claimed benefits available to smaller groups, such as those who can not work because of industrial injury. Here is a guide to what is on offer and how to claim it:

[22A] INCAPACITY BENEFIT: This is a major benefit claimed by hundreds of thousands of people in the UK. It is meant for people who can not work because of illness or disability.

1. you are getting special medical treatment that stops you from working for two or more days out of seven

2. you have been too ill to work because of sickness or disability for 28 weeks or more

[22B] STATUTORY SICK PAY: Employees who are off sick for more than four days in a row and earn at least £87 a week may be able to claim Statutory Sick Pay (SSP). However, workers who are on strike or in legal custody can not claim SSP. SSP is paid from the fourth day of any period of sickness and lasts for a maximum 28 weeks. SSP is paid by the employer - not by the state - on your normal payday. Any payment is subject to tax and NICs. However, it is unlikely to be high enough to trigger either. Women who are off work because of pregnancy-related illness can swap to Statutory Maternity Pay up to four weeks before the baby is due. Remember, whatever the reason for your absence from work, if you are sick for more than seven days, your employer will be entitled to ask for a doctor's sick note.

[22C] LESS CLAIMED BENEFITS: There are a host of other benefits relating to particular injuries or illnesses all meant to support those with specific needs. They may not be claimed as frequently as Incapacity Benefit or SSP. Nevertheless, they can be crucial for the recipient. Benefits include:

1. Industrial Injuries Disablement - for people who can not work because of illness or injury sustained at work

2. Reduced Earnings Allowance - for people who find that they can not earn as much as they normally do, because of a work-related accident or illness

3. War Disablement Pensions - for people who have been injured or disabled during a war or while serving in the armed forces.
Further details on these benefits may be found in the benefits section of the government's Directgov website, www.direct.gov.uk.

NOTE: This article appeared in one of our Data Bases on June 26 2007. Now that the Welfare Reform Act 2007 has been passed on May 3, are the contents of this article slightly out-dated? We will investigate further.

[23] SOARING CHARGES FOR THE ELDERLY: Hundreds of thousands of elderly people are facing steep charges for home help. Local authorities are continuing to cut back on the meals - on - wheels services, dressing, washing, cleaning, shopping, etc. This means that elderly, venerable and frail people, face a growing financial struggle to afford the services that they daily require.

The only alternative for many, is to move to a residential care home, when the local authority has exhausted the residents savings. NOTE : This doe not necessary mean the sale of the home. This complicated and long running issue has continued for many a long year, and is become more and more complex as time passes. We can only advice that if you are faced with the sale of your home at the instance of the local authority to pay for your care or nursing, then you immediately instruct a solicitor or contact the Citizens Advice Bureau for advice. CAB offices may found in your local telephone lists. AS WE HAVE SAID BEFORE, SIGN NOTHING UNTIL YOU HAVE TAKEN ADVICE FROM A PROFESSIONAL PERSON OF YOUR CHOICE. DO NOT BE INFLUENCED BY RELATIVES OR FRIENDS.

Charging costs for care and/or nursing range between £160 per person per week to £620 dependent on a number of issues. There would also appear a difference in the manner in which local authorities or Adult Community Services ‘means test’ those who should receive help to continue to live at home.

[24] CONCESSIONARY BUS TRAVEL BILL: The CBT Bill has continued to make good progress though Parliament. Since the last bulletin it has had its Second Reading in the House of Commons on May 14 and has completed its Commons Committee stage on June 15. The Report and Third Reading were taken in the Commons on June 28 2007 . The Bill will now return to the House of Lords for their Consideration of the Commons Amendments.

If approved, the new bill will enhance the existing concessionary bus pass scheme: Assessment of eligibility : Following the introduction of the national bus concession, a local authority decision to issue a concessionary bus pass will for the first time have a financial impact on other travel concession authorities. This is because the pass will be valid outside the issuing authority’s area (in line with the national minimum bus concession timings, services etc). It is therefore fundamental that national concessionary bus passes are only issued to those people who are aged 60 or over, or fall into one of the statutory categories of disabled as set out in the Transport Act 2000 or the Greater London Authority Act 1999. Guidance was issued to local authorities in 2002 (and updated in 2005) to assist them in assessing eligibility for a bus pass, on the grounds of disability. A copy of this guidance can be found at:
http://www.dft.gov.uk/pgr/regional/buses/concessionary/local/guidancetolocalauthoritieson

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