LAW AND BENEFIT REVIEW
[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
disability.matters@yahoo.co.uk
www.lawandbenefitreview.co.uk
[01285-861752]
REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
May 2006
[edition 2]
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WELCOME to edition 2 of our new format publication.
For those joining us for the first time, the Law and Benefit Review has
been in circulation for five years, you may have already seen a copy,
but now everybody can read it on-line. Please enjoy your read and lets
us know what you think. Issue 1 will appear as soon as possible and thereafter
you will be able to refer back to previous issues via. the website to
see how issues we are tackling are progressing.
[1] FUEL
INCREASES:
[2] DISABLED
ACCESS TO LICENSED PREMISES:
[3] ROAD
CHARGES BACK ON THE AGENDA:
[4] SOCIAL
SERVICES HAVE GONE:
[5] FREE
TICKETS FOR SOME:
[6] MOBILE
PHONES:
[7] REFORMS
EQUAL POVERTY:
[8] DOORSTEP
SALES:
[9] DISABLED
ORGANISATIONS COLLAPSE:
[10] NEW
PENSION PROMISES:
[11] WINTER
FUEL PAYMENTS STILL LAG BEHIND:
[12] PIPE
DREAMS:
[13] NHS
SERVICES:
[14] STAND
UP FOR OURSELVES:
[15] VOTING
- DID YOU HAVE ANY PROBLEMS:
[16] GOVERNMENT
DEPARTMENT REPRESENTING DISABLED PEOPLE:
[17] RAILWAYS
FOR ALL:
[18] CIVIL
RIGHTS FOR DISABLED TRAVELLERS:
[1] FUEL INCREASES:
The arrival of the £1.00 per litre of unleaded and diesel fuel has arrived in Cirencester and elsewhere. This has prompted Disability Matters to join forces with the RAC, AA and the British Drivers Association in an attempt to obtain some price relief for disabled drivers holding certificates from the DLA which enables them to obtain nil duty on their vehicles excise licences. Many disabled drivers are able to purchase VAT free vehicles and accessories when purchased from new and disabled people generally - subject to qualification - also receive VAT relief on bathroom and bedroom aids. Why not fuel?
The website petrolprices.com permits searches to find the cheapest local garages selling unleaded and diesel fuels.
[2] DISABLED ACCESS TO LICENSED PREMISES:
Following the introduction of the Licensing Act 2003, local authorities are now responsible for dealing with all licensing applications to sell alcohol from public houses, club, hotels and events. They are also responsible along with the police for the supervision of the premises, complaints, nuisance, licensing hours, etc. but not access difficulties. This subject continues to be dealt with by the provisions within the Disability Discrimination Act 1995. The local authorities are also not agents to carry out investigation into complaints about disabled access into premises. If you find you have an access problem to any business premises, then please inform us. The ultimate action against the owners or tenants of premises failing to comply with the 1995 Act which fully came into force on October 1 2004 is the sole responsibility of the person making the complaint to take what ever action they are prepared to do. It is always recommended to try and deal with the matter locally with the occupiers of the building. If not, action may be taken in the County Court. Procedural differences vary slightly in England/Wales, Scotland and Wales and anybody wishing to have copies of the appropriate details to enable them to take action in the courts they may be obtained from Disability Matters.
[3] ROAD CHARGES BACK ON THE AGENDA:
Transport Ministers have once again opened up this can of worms whereby satellite tracking systems will be fitted to all new vehicles to enable the government to charge drivers for using their vehicles. If implemented, this will have a major impact on all genuine disabled drivers who need their own forms of transport to maintain their mobility. Many thousands of disabled people are still prevented from travelling on public transport systems either because their disability is advanced or the form of transport is not suitable for them. With increasing fuel prices already restricting mobility for many and the additional threat or penalty of road charging, the latter will have dramatic affects on disabled peoples lives.
No mention has been made of any exemptions to the road charges for disabled drivers in the White Papers that have so far been published, but when congestion charging was introduced in London, disabled drivers holding vehicle tax exemption certificates were permitted to drive in the area of the scheme without charge following registration. Hopefully this will be included in any new proposals. Disability Matters has written to the Transport Minister, Transport Commission and the Department for Transport requesting exemption for holders of the DLA exemption certificate.
[4] SOCIAL SERVICES HAVE GONE:
The familiar name of Social Services used for the last thirty-five years has been changed to two new Directorates, the Children & Young People and Community & Adult Care. The changes are part of a organisational restructure following government concerns. The changes will also mean changes to department names and structures within all County Council areas. The main telephone number of Gloucestershire City Hall is 01452-425000 for general enquiries, The Adult Care Help desk will be found on 01452- 426868 and the Children and Families helpdesk on 01452-426565.
[5] FREE TICKETS FOR SOME:
People who are in receipt of Disability Living Allowance, Attendance Allowance or are registered blind or hold a disabled persons rail card could be entitled to the Cinema Exhibitors Association Card. This card may be used to verify that the holder is entitled to one free ticket for a person accompanying them to a participating cinema. Call 0151-348-8028 for full details.
[6] MOBILE PHONES:
The majority of disabled people carry mobile phones in case of emergency and contact but find that the cost of operating them is on the expensive side. A new price war has now started as reported last month and now Carphone Warehouse are claiming cuts in residential bills of 60%. For the cost of £20.99, the Talk-Talk service will provide unlimited local and national calls from home. This package also includes a broadband internet connection and unlimited calls to 28 other countries. No line rentals are charged, but a one-off connection charge of £29.99 will be made. The cuts on the claims by the Carphone Warehouse will help pay for the mobile calls. Good ah?
[7] REFORMS EQUAL POVERTY:
Government proposals for welfare reform could force vulnerable people deeper into poverty. Scottish welfare organisations have already warned Scottish MP s of the consequences if the proposals are introduced whilst the Department of Works and Pensions say the current system was failing. Any changes will also affect the English and Welsh systems but no comments have been made so far south of the boarder. These proposals are linked with the Incapacity Benefit [I.B.] changes where drops of a million people are contemplated. Some 2.7 million people now claim the benefit mainly from areas like South Wales and Scotland following collapses in industry such as coal-mining and iron working. Governments over the years have preferred to provide benefits to the unemployed to keep unemployment figures low - now they are not so sure. Cuts in I. B. are already being introduced for people who refuse to take part in back to work projects but seriously disabled people, who are unable to work, would be exempt from any changes. South Wales is in a catch twenty-two situation, many thousands continue to receive Incapacity Benefit but there are no jobs to be found locally. New build industrial and business parks lay empty following the curtailment of local authorities incentives of no council tax for five years and low rents but the government is still insisting that many of the claimants sign onto the back-to-work projects which means lower incomes.
[8] DOORSTEP SALES:
Gloucestershire County Council are deeply concerned about increasing problems of both the elderly and disabled being involved in scams with builders, plumbers and electricians, claiming that urgent work is required on roofs, drains, drives, etc. Reports that two elderly females in Gloucester have been conned out of thousands of pounds without receiving any work being carried out were shown on TV. One lady was forced to the bank by a man to withdraw the money which he took leaving her standing on the pavement. Many eastern Europeans are taking part in these scams along with so-called students carrying fake identity cards. There are some genuine traders who carry official documentation from the companies they represent such as clean-easy whilst others carry Peddlers or even Tinkers licences that some police forces still issue. These certificates were first issued in the early 1800 s but have been on the decline. REMEMBER: If you receive a call from a person at your front door or at your intercom, who you do not know, then DO NOT open the door, speak through the door/intercom or keep a chain on. Ask for identification and check it out even if it means calling the company being represented. DO NOT sign any contract or agree to have any work alleged to be urgently required carried out without first obtaining other quotes and advice from local well known traders. If callers are who they say there are, then why are they knocking on peoples doors looking for work. All craftsmen worth their salt take weeks before they can work for you. DO NOT give over any cash, cheques or credit card details to any caller. Make sure all your back doors/large windows are always locked closed as whilst you are talking at the front door, somebody is coming in from the rear of your house through an un-locked door. All doors and main windows should be kept locked at all times even if you are at home. DO NOT get flustered, ask the person to leave, close and lock the door and call the police. DO NOT under any circumstances let these people inside your homes, no matter what they say. In none emergency cases, call the Gloucestershire Police on 0845-0901234 or in emergencies dial 999.
Door step callers are but one of the many scams now being perpetrated in Gloucestershire, the telephone and mail services are also lines of attack used by the perpetrators against the innocent house-holder. Remember - nothing is for free - if it sounds to good to be true then it isn't. DO NOT give any personal information to anybody, no matter who they say they are over the telephone. Most if not all question s asked should be known to the caller anyway even if they ask you to confirm your credit card or bank details, if they say they are calling on behalf of your bank then they would already know you account numbers so why ask! When in any doubt ask the caller to write to the address they have for you for any information - DO NOT give your address to them as this is more than likely what they are after.
[9] DISABLED ORGANISATIONS COLLAPSE:
It is becoming increasing reported that organisations representing various aspects of disability are having their funding either threatened, withdrawn or stopped resulting in the collapse of that organisation, redundancies and the level of services reduced or stopped. In addition to financial problems, the government is not delivering on policies laid out in the Prime Ministers Strategy Unit report - what ever they are. The Department of Health has given out £9 million between 2003 & 2006 to voluntary organisations and local councils so where has it all gone. Half of the Centres of Independent Living are under threat of closure and various associations, organisations associated with disabled projects have closed their doors already. Before attending a Disability Assessment Centre, for instance, make sure they are still there before you travel. Disability Matters has made twenty applications for funding from the local authorities and charitable organisations within Gloucestershire, all of which have been refused due to financial restraints . Fortunately, local businesses have looked at our project more favourably and have promised funding for five years but the budget will be tight.
[10] NEW PENSION PROMISES:
The Chancellor could be giving state pensioners over 75, pensions that will be linked to the level of earnings, rather than to inflation as it is at the moment, as part of the pension reform currently being undertaken by the government. For years now, Mr Brown has been asked to link pensions and state benefits to the rise in the level of income but he has always refused it, insisting to remain with inflation rises which we all know have been low, 2.2% this year. This step is also linked with the increase in the retirement age for working people.
[11] WINTER FUEL PAYMENTS STILL LAG BEHIND:
The 2006 budget left disabled people still in the firing line insofar as poverty is concerned. Apart from the extension of free bus passes, the elderly and disabled have lost out again. The much asked for extension of the winter fuel payments to severely disabled people under 60 was once again ignored. The British Council of Disabled People and Disability Alliance are among those critical of the Chancellor s lack of action towards disabled people.
[12] PIPE DREAMS:
Disabled organisations are asking the Chancellor to include in the next budget speech, funding for disabled people to take cases to law against large organisations for failing to comply to the Disabled Discrimination Act 1995 under the new Legal Services Commission which now provides the former Legal Aid service for those on low income. Current estimates of the cost of such cases are being quoted of in excess of £5000 each, that's if you win. With costs against you if you lost, then you could double that figure.
Who on earth could even contemplate taking on such a case?
[13] NHS SERVICES:
Are you aware that when doctors surgeries are closed, you have two other choices for help. If you ring your surgery after hours, on Saturdays or Bank Holidays when they are closed, you will be automatically be connected to the emergency service nurse who is currently at Gloucestershire Ambulance HQ where you can discuss your problems and decide on the best course of action in treating your illness or concerns. You may ring the out of hours number 08454-220-220 direct but it is only for urgent treatment or care for patients who cannot wait for normal surgery hours.
This service does not provide prescriptions. At weekends, there is also a GP on duty next door to the A & E department in Cirencester hospital where the normal day clinics are held. Just turn up for medication, illness or accident. The times of a doctor being at the hospital may vary due to emergency call outs so telephone the hospital first on 01285- 655711. Does your surgery have a repeat prescription service which you can access over a website for all your medication and oxygen. Ask your doctor as it will save a lot of time and effort.
[14] STAND UP FOR OURSELVES:
There are a number of organisations or individuals setting themselves up to represent disabled people who may feel that they are being treated unfairly in respect of housing, disability equipment and aids, access, lack of disabled toilets, disabled parking bays being used by unauthorised persons, etc. They claim to act on your behalf to ensure that you obtain what is lawfully yours. They also say that you will be compensated but they do not mention how much it will cost you or what qualifications they have to act for you in such matters. Disability Matters has responded to offers for information to three of these adverts to see just what we may expect. Watch out next month for the result!
[15] VOTING - DID YOU HAVE ANY PROBLEMS:
For the last three years, reports have been made by disabled people concerning the facilities available to them at polling stations. Last year more than one disabled voter was unable to gain entry into their chosen polling station and made their vote outside. Disgraceful.
If you are voting in local and general elections, the polling station should be accessible to all disabled people - all must be fully accessible under the DDA 1995 which says that service providers - the CDC or Gloucestershire CC - or the owners of the premises - are legally obliged to make any reasonable physical adjustments to their premises to make them accessible to disabled people. This legislation covers polling stations.
All local authorities should provide information
about polling stations which includes details of :
[a] Physical access - disabled parking spaces and entrance ramps
[b] Low level booths
[c] Equipment such as magnifying glasses for voters with visual impairment
If you need help on polling day at the polling station, you can ask the presiding officer to mark your ballot paper for you OR ask a companion to assist you. If you find any problems concerning the lack of full access, low level booths or the lack of equipment then complain there and then to the presiding officer, obtain his/her name and either inform us or write direct to the local authority/owner providing the polling station. We cannot permit unsuitable premises to be used year after year which are not suitable for all disabled people. Please let us know.
[16] GOVERNMENT DEPARTMENT REPRESENTING DISABLED PEOPLE:
You may or may not have heard of the Office for Disability Issues or the Mobility & Inclusion Unit, but these two departments look after the interest of disabled people in certain fields.
OFFICE FOR DISABILITY ISSUES: This department hopes to achieve substantive equality for disabled people by 2025 - nineteen years time! The office will set examples of equal opportunity and aims at being a public model sector organisers in internal practices, external relations and activities - well that's what they say. The department will ensure that the views and wishes of disabled people are at the centre of policy-making, by reaching out to organisations and individuals at every step, and bringing external expertise and experience into the department itself. The ODI will change the way government communicates with disabled people and organisations, embedding stakeholder engagement in its day-to day work. The ODI will become a source of information and expertise on disability. It will provide support to government departments, and will work to influence public perception and build awareness of disability issues. Just thought you would like to know!
MOBILITY & INCLUSION UNIT: This department
was set up in 1980 to promote mobility and reduce exclusions by improving
accessibility and personal mobility options by:
[a] enabling disabled and older people to use both the pedestrian environment
and public transport services
[b] enabling disabled and older people to travel safely using cars and
other means of private transport
[c] enabling people to travel without fear of crime
[d] enabling socially excluded people to reach jobs and services
[e] supporting the voluntary and community sector connection people and
places
[f] promoting diversity in transport planning and provision.
No comments please - I did not make this up.
[17] RAILWAYS FOR ALL:
The Parliamentary Under Secretary of State has launched the Railways for all Strategy which explains how the railway industry will improve access for disabled people. It will consider all parts of the journey, improve the way information is provided, the removal of barriers to access stations and bring forth further refinements in the specification of trains. The key strategy will be to improve the access to railway stations by the provision of £370m. Both rural and main line stations will be targeted at improving accessibility at the stations with no steps, good accessible routes and more secure and comfortable environments. Of course it's some ten years off according the latest timing but in fairness for those disabled people who can access the current carriage's, life is getting betters although there are far to many carriages that are not suitable for wheelchair users.
[18] CIVIL RIGHTS FOR DISABLED TRAVELLERS:
The Government have launched a document supporting disabled peoples rights when travelling on transport. In fact, it was launched some time ago but the full text has only just been made available. 10 million disabled people in the UK could use public transport and require it to be accessible so that they may reach other services - thus providing independent mobility. The primary object is to remove all barriers that currently restrict access to other services. A integrated transport policy is required to enable disabled people to have the same opportunities of others more fortunate. To enable the government to do this, they launched the Disability Rights Commission Code of Practice on the Provision and Use of Transport Vehicles. The important part of the rights of disabled people has developed from the necessity of conforming to Part 3 of the Disability Discrimination Act 1995 - access to everywhere. Providers of transport infrastructure services, such as stations and airports, are already subject to these obligations with major changes being seen at airports. However gaps have appeared in the legislation as disabled people can still be refused access to public transport due to their disabilities and therefore breaching their civil rights. These breaches have been put right in Part 5 the DDA by the implementation of new powers requiring all new trains, buses and coaches to be fully accessible. So called end dates when all forms of transport, old and new, finally must be accessible are still awaited but 2010 appears to be the set date. Taxis and private hire vehicles - vehicle hire and breakdown services as well as vehicle used on a system using guided modes of transport - such as airport terminal buses have also now been included - all must be fully accessible for wheelchair users and those with impaired eye or hearing using dogs to assist them. It will be an offence, it is unlawful now, for the operators of these vehicles to [a] discriminate against disabled people [b] treat disabled people less favourably or [c] fail to make reasonable adjustments to the way the provide their services. All new vehicles on the roads, rail and in the air should automatically be totally and fully accessible to all. Insist on your rights and if they are not forthcoming take the details of vehicle, service number, company and drivers public service vehicles badge number or name. NOTE: The names of Disability Matters and Law and Benefit Review and Law & Benefit Review have been registered for our sole use by J4bgrants.co.uk. Any unauthorised use by an individual or individuals, charities, organisations, associations, businesses or companies will be dealt with in accordance with English law.
SEE YOU IN JUNE, TAKE CARE.
Alan de Derval et de Moisdon
Chairman Disability Matters