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.
June 2008
[edition 25]

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Welcome to the June 2008 edition of the Law and Benefit Review. Yet another very busy month as the following will indicate. Once again thanks for your many calls, emails and support. We really do appreciate them, and encourages all of us who work on producing the LBR and ’beehive’ sites each month.

Please continue to view our other website brought to us by the Gloucestershire Echo at www.beehivethisisgloucestershire.co.uk to view many other articles and day to day news appertaining to disability, elderly, care, NHS, Bugs, etc. This site runs in conjunction with the www.lawandbenefitreview.co.uk website. DO NOT MISS THIS EXPANDING ADDITION TO OUR ENDEAVOURS.

EXHIBITIONS

DISABILITY AWARENESS DAY 2008
WALTON HALL GARDENS, WARRINGTON [off A56]
Sunday July 6 2008 between 10. a.m. & 5.0. p.m.
Further details from www.disabilityawarenessday.org.uk

SECOND MOBILITY ROAD SHOW
STONELEIGH PARK, COVENTRY
June 12,13 & 14 2008
www.mobilityroadshow.co.uk

THE SOUTH WEST DISABILITY SHOW
WESTPOINT CENTRE, EXETER
June 6 & 7 2008 between 1000 & 1700 HRS.
www.southwestdisabilityshow.co.uk

NATIONAL CARERS WEEK
FROM JUNE 9 TO JUNE 16 2008
Local events will be advertised in the press

BILLS WATCH

Independent Living Bill: Lord Ashley’s Bill has past through the House of Lords stages and would have received its 3rd Reading on February 25 2008 which it was expected to pass. BUT, the Government controls the Parliamentary process after the Lords has finished with Bills and it appears unlikely that is will receive further time in the immediate future.

Health and Social Care Bill 2007-08: This Bill is now proceeding through the Parliamentary process and is currently in the House of Lords with its second reading taking place on March 25 2008. This Bill plans to dissolve the Commission for Social Care Inspection, the Healthcare Commission and the Mental Health Act Commission. It is hoped that the proposed new Bill will enable joint regulation of health and social care and thus improving the use of services.

All Health and Social Care providers such as Local Authorities will have to register with the new Care Commission in order to provide the services many of us receive.

All the other Bills featured since January 2008 are still passing through the initial amendment stages.

Health and Safety (Offences) Bill 2007/08. This Bill is to revise the mode of trial and maximum penalties applicable to certain offences relating to health and safety.

UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITY'S

April 2008, was the 1st anniversary of the above rights. The first human right treaty of the 21st century was wildly celebrated by the disability right’s community from all EU countries. So far 125 countries have signed and ratified the Convention, including the UK. All involved in the legal binding Convention agree that disabled people are among the poorest and this document will make a difference to the lives of disabled people.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

2008 marks the 16th anniversary of this Declaration of Human Rights. The world wide contents of the ‘Human Rights Act’ as it has become known, protects us all from torture, adequate standards of living, equal pay, etc. but many of these ‘rights’ are repeatedly breached even in the United Kingdom, rather then observed. Fifty world nations have anti-discriminatory legislation in place to protect the rights of the disabled but the effectiveness of these individual laws is to say the least, mixed.

The passing of disability civil rights statues looks all very good but actually implementing it is another matter due to complications, cost and difficult political circumstances. Often Human Rights is ignored and abused in many African and Middle Eastern countries both by the civilian and military rulers. America too is alleged to have breached the human rights of the prisoners they have kept in captivity because of suspected terrorism offences.

BENEFITS UPDATE

NIC CONTRIBUTIONS: For those of you who employ personal assistants/carers full time, should be aware that from April 6 2008, standard class 1 National Insurance Contributions will be paid on earnings above £105 per week up £770 per week at a rate of 11%. Amounts above this rate will attract an additional 1% surcharge.

Although employees NIC contributions only become payable within the parameters referred to above, any earnings between £90 & £105 per week, will in the years 2008/2009 tax year be protected to an entitlement to basic state retirement pension without incurring a liability to NIC’s.

Class 2 self-employed contributions rises to £2.30 per week so long as any profits to not exceed £4825 per annum during 2008/2009 and Class 3 voluntary contributions rise to £8.10 per week.

WINTER FUEL ALLOWANCE [WFA]: Now is the time to claim your WFA for the first time if someone in your household reaches 60 on ot before September 21 2008. Telephone 08459 151515 to make your first claim. Receiplements already receiving the WFA will receive the award annually without the need for a reminder.

TV LICENCE INCREASES: Colour TV licences have increased to £139.50 from April 1 2008 and for black and white the cost has increased to £47.50. People reaching the age of 75 years will not pay for a TV licence from the month this age is achieved, but the TV Licensing Bureau will have to be informed at 0845 603 6999 which is a high rate call.

PRESCRIPTION CHARGES UP: Unfortunately, there are disabled people that still pay for the medication which is a disgrace and something that we at the ‘Disability Matters’ and ‘Law and Benefit Review’ Group are intend to pester the Government about this year. The new charge from April 1 2008 is £7.10 per item or £27.85 for a three months pre-payment certificate or £102.50 for an annual certificate. All men and women in England and Wales receive free medication once reaching the age of 60 and in Scotland a single prescription will cost £5.00.

CARE HOME ’TOP UPS’: For those receiving local authority weekly
personal allowances as a ‘top up’ to their home care, they will find the allowance as risen to £21.15 per week in England and Northern Ireland, in Scotland it will be £1.15 and Wales £21.28 as from April 1 2008.

INCAPACITY BENEFIT/EMPLOYMENT AND SUPPORT ALLOWANCE: In a turnaround, the Government have announced that as from April 2010, all claimants will be forced to undergo work tests to prove that they are unfit for work, previously only new claimants would be subjected to this with existing claimants being fazed into the new system. October 2008 is the starting date for the new state benefit when the new claimants will undergo these work tests as to their capability for working.

ARTICLES

[1] INTERACTIVE CARE TOOL GOES ONLINE: The BBC has launched an interactive tool to give people an idea of how much social care support they are entitled to and how much it will cost. The Care Calculator was part of the Care in the UK series on Radio 4. You & Yours and Woman's Hour highlighted the issue’s throughout January 2008 ahead of a government consultation which was due in April ‘08. The Calculator was accompanied by a care map which showed how services differ. While the number of people who need support - either in their own homes or in a residential setting - is due to rise, many local authorities around the UK have been trying to tighten the criteria to control spending on social care.

The number of people over 85 is predicted to double in the next 20 years and treble in 40 years. As people age they are more likely to have an impairment or long-term health condition - almost half of those over 75 have one. Knowing how and where to access support for older or disabled people is becoming a major preoccupation for many people. The Care Calculator provides average figures for England and is based on a model created by the London School of Economics (LSE). The accompanying care map also provides an indication of the likely levels of support in specific areas together with information about local sources of help and advice.

Anyone using the Calculator is taken through some hypothetical scenarios, one of which might well resemble their or their relative's own situation. Examples include:

A single man with arthritis who needs help with bathing and shopping
A person with MS and epilepsy who is reluctant to go out
A wheelchair user who needs help with showering, dressing and meal preparation
Someone with early onset Alzheimer's' Disease who is not safe in the kitchen
A person with Motor Neurone Disease who is unable to speak, eat or walk but whose cognitive functions are intact
A woman recently diagnosed with breast cancer who is undergoing chemotherapy and radiotherapy, not working and feeling generally unwell

The user is then asked whether they live alone or with others, their age, whether or not they own their home, how much they have in savings and about their level of income. Take the case of a person with early onset Alzheimer's, living with a partner, aged between 70 and 74, who owns their own home, has savings of less than £21,500 and income of more than £150 a week. For this person, the system has bad news. "Less than 5% of people in such circumstances receive home care support," the Calculator advises. Those who do, it says, get between two and eight hours per week on average.

And because the person in question has an income above £150 a week, they are likely to haveto contribute towards the cost of their care. And, the Calculator suggests, somebody in a similar situation would be unlikely to qualify for residential care. People are also being invited to contribute to the government's national consultation on the future of social care by completing a questionnaire on the You & Yours website. A social care green paper will be published after the consultation. To use the Care Calculator log onto www.communitycare.co.uk.

[2] BOOKLETS AND FORMS: Carers UK have available for all carers a selection of forms and broachers concerning all aspects of Caring in the UK. Benefits available, working conditions, salaries, etc. To obtain a form or leaflet log onto www.carersuk.org and select or contact Carers UK at Carers UK. 32-36, Loman Street, Southwark, London, SE1 0EE. Tel: 020 7922 8000 Fax: F. 020 7922 8001, email info@carersuk.org, website, www.carersuk.org

[3] DISTANCE SELLING VIA THE INTERNET: In 2006, the UK Office of Fair Trading issued a guide to businesses and organisations who sell goods over the internet via. their own websites. These guidelines operate throughout all European Union countries and it is unlawful for people selling goods over the internet not to comply with the Consumer Protection [Distance Selling] Regulations 2000.

Many people buy goods and services over the internet, by phone or by mail order. These are all examples of distance selling. An increasing range of goods and services are available to consumers shopping in these ways. Businesses that normally sell by distance means and have systems in place for trading in this way (for example by having standard letters or emails that they send to consumers they deal with at a distance) need to comply with the Consumer Protection (Distance Selling) Regulations 2000 (DSRs)3.

This guidance explains what these regulations are and provides information on how you can comply with them. It also signposts various parts of the regulations. This guidance is also intended to assist consumer organisations and our enforcement partners, principally the Local Authority Trading Standards Services and Consumer Direct [www.consumerdirect.gov.uk) to provide consistent advice to businesses and consumers on their rights and
responsibilities under the regulations.

The DSRs implement European Council Directive (97/7/EC)7 and for most goods and services provide additional rights to consumers buying at a distance to encourage confidence in this method of buying. The protection the DSRs offer is important because consumers cannot inspect goods or services before they buy when they shop at a distance. All member states of the European Union. (EU) must implement the Directive in their national legislation. The DSRs came into force on 31 October 2000 and were amended by SI 689/2005 effective from 6 April 2005. This made changes to the requirements to provide information when supplying services and to cancellation periods for the supply of services. The purpose of the legislation is to:

[A] give consumers confidence to buy goods and services where there is no face to face contact with the seller, and
[B] ensure that all traders selling at a distance in the normal course of their business meet certain basic requirements.

Compliance with the DSRs is a legal requirement. The consequences of not complying with the regulation may well lead to legal action against the seller as outlined in Chapter 6 of the guide. Businesses using standard terms in contracts with consumers must also comply with the Unfair Terms in Consumer Contract Regulations 1999 (UTCCRs). Further information on the UTCCRs is available at www.oft.gov.uk

[4] INFORMATION ON STATE BENEFIT CLAIMS: To obtain up to date information on current benefits, log onto www.Direct.gov.UK using the following information:

[A] Disabled people and carers: The government is making it easier for you to access information and services through a website called www.Direct.gov.uk It provides information for disabled people and information for carers. Direct.gov also provides information about:

Attendance Allowance (this link will take you to the www.Direct.gov.uk website)
Disability Living Allowance (this link will take you to the www.Direct.gov.uk website)
Carer's Allowance (this link will take you to the www.Direct.gov.uk website)
Vaccine Damage Payments (this link will take you to the website www.Direct.gov.uk. Direct.gov.uk also explains how to claim Attendance Allowance, Disability Living Allowance and Carer's Allowance online. Follow the Direct.gov.uk links on the website www.Direct.gov.uk to the 'How to claim' sections.

[B] Advisers and professionals: If you are an adviser or professional working with disabled people or carers, visit the Disability and Carers Service (DCS) pages on the www.Direct.gov.uk website to find out more about the services DCS provides and how they can benefit you.

[C] Disabled people and carers: DWP is responsible for a range of benefits and services for people who are sick or disabled, and their carers. From the list below, pick an area that relates to you and check if you are able to get any of the benefits and services. If you cannot find the information you need, please check the A-Z list or use the search facility. Important information for same-sex couples or civil partners claiming benefit.

Disabled or long-term ill
Caring for others
Sick or unable to work
Managing on a low income
In hospital
Information about care homes
Visiting or living abroad

All available on the website www.Direct.gov.uk but at times you will have to negotiate yourself through the website.

[5] CALLS FOR CHEAPER UTILITY BILLS FOR THE POOR AND PENSIONERS: Recent price rises by gas and electricity firms are not justified and the Competition Commission should investigate, a watchdog has said. Three energy companies have raised their prices by an average of 15%, affecting 27 million consumers. They blame soaring wholesale energy prices but Energywatch says the market is not competitive enough and consumers are paying over the odds but the regulator Ofgem insists that the UK energy market is competitive.

The trade union Unison and the National Rights to Fuel Campaign are asking for an official enquiry into the ‘obscene’ profits being made by energy suppliers currently believed to be £2.5 billion last year. It is being asked that 3 million poor and vulnerable pensioners be switched automatically onto the cheapest rates for gas and electricity.

The recent increases in utilities of up to 27% is causing despair among those dubbed ‘fuel poverty’ users. As we have reported before, the winter fuel payment received by the elderly and serious disabled fails to come anywhere near helping with fuel bills anymore and needs to be increased urgently. There are now some 4 million people in the ‘fuel poverty’ situation and an alliance of six well known national disability group’s and Energywatch have written to the UK Energy Minister asking for the Energy Bill to be used to force gas and electricity companies to ensure that customers finding it difficult to pay utility pays are switched to the cheaper tariffs.

The website www.Money-facts.co.uk has written to the industry regulator Ofgem calling on it to use its powers to force suppliers to switch customers to the cheaper rates. Real hardship is being faced by millions who have to chose between eating or heating and many are not switching their heating at all, this can only lead to death in many cases.

[6] OPERATION DEEP CLEAN: It has been announced that Ministers are confident of a raft of measures announced by the Prime Minister in his new year speech which will help tackle potentially lethal hospital infections. This is the second such announcement by the Labour government in eight months. The infection strategy for England includes more infection control nurses, patient screening, deep cleaning and campaign to cut antibiotic use. However much has been announced already, and experts said there was a long fight ahead to beat the bugs. MRSA and Clostridium difficile rates are now both falling, but still cause thousands of deaths a year. The Government have allotted £35 million for this ‘deep clean’ exercise whilst in the same week made available £350 million to South London immigrants to take English classes to help them. What for heaven’s sake is more important, our lives or immigrants learning English?

May we remind you that we now have a dedicated page named “NHS & BUGS” on our www.beehivethisgloucestershire.co.uk. which keeps readers informed about hospital bugs and what the government and hospital trusts are doing to fight them. So far not a lot, as new even more deadlier bugs are being found not only in hospitals but in care and nursing homes and private homes.

[7] PART-TIME CARERS: The millions of people who look after elderly and seriously disabled relatives are to be encouraged to work part-time. The government are planning a major information campaign to urge those with people to care for to use new rights to request flexible working hours from existing or potential employers. These proposals will assist those caught between the demands of employment, raising children and caring for elderly or disabled relatives.

Whilst employers can decline the requests for flexible working, employees can appeal internally against a refusal, and then go to an employment tribunal.

[8] GAS AND ELECTRIC CUT OFFS: The number of homes which have been cut off for non-payment of utility bills has trebled over the last two years. 176 homes a week are being cut off. The main reason for this is the lack of finance, people have been stretched to breaking point after the average bill is now £1000 a year. Those classed as ‘fuel poverty’ cannot afford sums of this kind.

Around 1 in 10 people owe more than £600 in electricity bills and 1 in 14 owes more than £600 on gas. Those companies who operate a self-imposed moratorium on disconnections are thinking of withdrawing them which must lead to more ‘cut-offs’.

It is essential that if you find yourself getting into debt with unpaid utility bills you must do something about it. Firstly contact the company supplying your utilities and explain you situation and arrange a method of re-payment. If this does not work then contact the Citizens Advice Bureau or similar organisation for help, but please do not just leave it - seek help. With state benefits at just 2.2% and gas increasing by 64% in three years and gas by 54% how on earth can the elderly and seriously disabled possibly pay?

[9] POWER TO INSPECT BLUE BADGES: Many of you have contacted us concerning the use of section 94 of the Traffic Management Act 2004 as it would appear that some disabled drivers are being asked to produce their blue badges for inspection in rather dubious circumstances. Briefly, the badge may only be demanded by those referred to in 4BA and 4BB below, and in the circumstances described in the sub ~ sections and in no other circumstances except if theft and fraud are suspected by a police officer when section 94 will not apply but the Theft Act’s will. The reverent section of the 2004 Act, i.e. section 94, is shown as follows in enhanced print and taken from the official version of this Act of Parliament with particular attention being made to sections 4BA to 4BE. The other amendments are academic in this case.

TRAFFIC MANAGEMENT ACT 2004: Part 7 [Miscellaneous and General] Section 94 ~ Power to inspect blue badges

(1) Section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44) (badges for display on motor vehicles used by disabled persons) is amended as follows.

(2) In subsection (4B) after “a badge” there is inserted “purporting to be”.

(3) After subsection (4B) there is inserted—

(4BA) (4BB) In subsection (4BA) “enforcement officer” means—
(a) a traffic warden;
(b) a civil enforcement officer (within the meaning of section 76 of the Traffic Management Act 2004);
(c) a parking attendant (within the meaning of section 63A of the Road Traffic Regulation Act 1984).
(4BC) The power conferred on an enforcement officer is only exercisable for purposes connected with the discharge of his functions in relation to a stationary vehicle.
(4BD) A person who without reasonable excuse fails to produce a badge when required to do so under subsection
(4BE) shall be guilty of an offence.

As we have reported on our ‘beehive’ website, which is updated daily, www.beehivethisisgloucestershire.co.uk, there is no legislation in force at the moment that permits, traffic wardens, civil enforcement officers or parking attendants to seize Blue Badges from users, who they surmise are being used unlawfully. Only a police officer may do so if he/she suspects an offence, the badge may be seized and the person using it possibly arrested and charged with fraud. Do not let traffic wardens/parking attendants tell you otherwise. We will watch this matter carefully and report again. It will be necessary to either amend The Traffic Management Act 2004, instigate a new Parliamentary Bill or a Statutory Instrument permitting traffic wardens, parking attendants and civil enforcement officers to seize blue badges suspected as being used fraudulently.

There is without question that none of the parking enforcement officers referred to in sections 4BB sub-sections [a], [b] and [c] have a statutory power to detain [not arrest] a person suspected of using a blue badge displayed on a vehicle for the purpose of parking. When, and if the law is amended, they may be able to ‘seize’ the ‘suspect’ blue badge, but not detain the user. Even a Police Community Support Officer does not have a power of arrest in such matters but can detain a suspect for a limited time, said to be twenty-minutes, whilst a police officer is called to deal with the matter who they may arrest the ‘user’ for theft or fraud. After this period, the PCSO must release the detainee.

[10] EXPERIENCES OF DISABLED PEOPLE TRAVELLING BY AIR: There appears to be a rather disturbing increasing in prejudice for disabled passengers using certain airlines in the Far East and the Indian continent in particular where of course the new European Union Regulations do not apply. Disabled passengers should be aware of recent increased protection whilst flying within the European Union by the introduction of the EU Regulation on ‘The Rights of Disabled Persons and Persons with Reduced Mobility when travelling by air’ or as it has become known ‘the New EU Rights for Disabled Passengers 2007 and 2008‘. In July 2006 this new European Regulation was approved by the European Council. It gives all disabled people using air services new protection on all flights within or between European States. These new rights are being introduced between 2006 and 2008 and it should be remembered that it does not apply outside the EU but in India for instance the DGCA applies for both national and international flights.

The Directorate General of Civil Aviation 2004[ DGCA] effective from January 1 2008, is the regulatory body in the field of Civil Aviation primarily dealing with safety issues. It is responsible for regulation of air transport services to/from/within India and for enforcement of civil air regulations, air safety and airworthiness standards. It also co-ordinates all regulatory functions with International Civil Aviation Organisation.

As far as we know so far, that at least Air Deccan, SpiceJet and Jetlite are insisting that disabled passengers sign a document because they are a ‘medical passenger’ which completely indemnifies the airlines from bodily injury, death, loss, damages, payments and expenses which in the EU would be totally illegally. Disabled passengers who refuse to sign the document are refused the flight. India is a major tourist area for elderly/disabled travellers who may wish to travel around the country by air, so if you are so inclined, then please check the airlines policies towards disabled people.

The form is called an ‘Application for the Carriage of Medical Passenger’ and is the worse ‘legal’ document the writer has ever seen and would suggest that the contents would not stand up in a English court or any court of law. The check-in staff require the form to be completed and then handed to the cabin staff once of board the aircraft. An example of the most offending paragraph of the document reads as follows:

“I the undersigned ..... hereby indemnify and hold harmless, DECCAN from any and against any liability arising out of any bodily injury, and / or death. damage or loss that I may suffer/ experience and also from any damages, payments, expenses, face and cost which DECCAN may incur directly or indirectly as a result of accepting me on its Flight No. ......... from ....... to ...... on date ..... I hereby further indemnify DECCAN from any payments that DECCAN makes to meet any of my expenses towards damages, loss etc for the said purpose."

It appears that only ‘visible’ health conditions are forced to complete the form i.e. thoseusing mobility aids like walking sticks, wheel chairs and stretchers are targeted for filling up the above mentioned application. Disabled passengers are also complaining that the words being used in the document are prejudice, embarrassing, derogatory and applying only to passenger’s with disability, who are also travelling on a fully paid ticket. In the event of some unfortunate incident causing bodily injury and/or death during the course of flight, no insurance cover is in force that can be claimed by the family of a person with disability against the airline carrier. It is a rule all over the world that passengers must be covered by insurance. It all sound’s like a clear case of disability discrimination to us.

Passengers such as women in advanced stage of pregnancy, people with high blood-pressure, senior citizens over 60. AIDS, people having temporary ailments like high grade viral fever, severe chest congestion, cough and cold’s etc do not have to sign this application?

The Director General of Civil Aviation (DGCA) has issued a notice to the managements of and JetLite (Air Sahara's new name) asking for an immediate explanation. The airlines could face action if the DGCA is not satisfied with its reply. Clearly from this response that it could be unlawful for disabled passengers to be asked or demanded to sign the Application for the Carriage of Medical Passenger. We have searched the DGCA Regulations and can find no evidence that supports the existence of the ‘Application for the Carriage of Medical Passenger’ within those regulations and therefore we can only assume/presume that the airlines insisting on disabled people completing the form or not flying are acting unlawfully.

On searching the internet, we have found many incidents in India where disabled passengers are being forced to sign the application form for the carriage of medical passenger and the airlines involved who are based outside of India are complaining bitterly. India is a favourite destination for many UK citizens particularly so upon retirement, and is often a staging point for onwards journey to the Far East, Australia and New Zealand. UK citizens once arriving in India and using either local, national or international Indian airlines for internal flights within the Indian continent and beyond could well find them self’s caught up in this nightmare. We would like to know from anybody who has experienced such discrimination.

[11] CARERS LEGISLATION; In order to assist all carers with the legislation that could possible assist them in their work, the government has supported three pieces of private members legislation since 1995, which have given carers new and improved rights.

The Carers (Recognition and Services) Act 1995

This act gave carers important new rights and a clear legal status. Under the act, individuals who provide or intend to provide a substantial amount of care on a regular basis are entitled to request (at the time the person they care for is being assessed for community care services), an assessment of their ability to care and to continue caring.

Local authorities are required to take into account the results of that assessment in making decisions about the type and level of community care services to be provided to the person receiving care. The assessment under the 1995 Act is of the carer’s ability to provide care and of his or her ability to sustain the care that he or she has been providing. The 1995 Act applies to carers of all ages.

The Carers and Disabled Children Act 2000

This act applies to carers over 16 and made the following principal changes to the law:

it gave local councils mandatory duties to support carers by providing services to carers directly
it gave carers the right to an assessment independent of the person they care for
it empowered local authorities to make direct payments to carers
it enabled councils to support flexibility in provision of short breaks through the short break voucher scheme

The Carers (Equal Opportunities) Act 2004

The Carers (Equal Opportunities) Act was introduced into the House of Commons as a Private Member’s Bill by Dr Hywel Francis, MP for Aberavon, in January 2004. The Act has successfully passed through both Houses of Parliament with cross-party support and received Royal Assent on 22 July 2004. It is likely to be implemented in England and Wales from 1 April 2005.

The Act will give carers more choice and opportunities to lead a more fulfilling life, by ensuring that carers receive information their rights, to ensure that their assessments consider leisure, training and work opportunities and will give local authorities strong powers to enlist the help of housing, education and health in supporting carers.
A copy of the Act is available at: www.hmso.gov.uk/acts/acts2004/20040015.htm.

This act made three main changes to the existing law around carers’ services as follows:

it placed a duty on councils to inform carers, in certain circumstances, of their right to an assessment of their needs
it provided that when assessing a carer’s needs, councils must take into account whether the carer works or wishes to work, undertakes or wishes to undertake education, training or leisure activities
it facilitated co-operation between authorities in relation to the provision of services that are relevant to carers.

[12] MIDDLECLASS OAP’S ‘LOST’: Many thousands of the UK
elderly citizens are being refused council care simply because of
‘middle-classed’. Almost 300,000 thousand pensioners have
been ‘lost’ by social services to fend for themselves just because
they have some savings and their own home.

Many of these people are disabled and frail apart from being
elderly and are being left housebound if outside council care and eventually end up in a care/nursing home. This ‘abandonment’ may well be due to the tightening up of social care announced towards the end of 2007 when it was announced that only the most disabled and sick could access local care. This criteria or ’need-test’ may vary from authority to authority the Commission for Social Care Inspectorate has said.

Consequently, the ‘criteria’ ‘need-test’ or ‘means-test’ keeps those with savings and assets in the cold - never mind the fact that they may well need care of varying degrees or a frail or disabled or sick, as long as they have ‘assets’ of any kind they are on their own. At sometime, these people’s ‘assets’ will expire at an average £500 per week for care home accommodation, then the local authority will have to pay for their care and nursing.

On the positive side, those elderly people without their own home and assets above £12,5000, we are told that their care is improving - not yet they it isn’t - but perhaps if Browns January 2008 proposals come to fruition, perhaps later in 2008 when he has said that he will announce a scheme to pay salaries to relatives to look after elderly, sick and disabled people in their own homes with the care they require, then perhaps their care will indeed improve.

Ministers have promised a Green Paper this year to produce fresh ideas on the ‘means-test’ systems for care homes which allows free care for those with no assets whilst others are asked to sell their homes. Everybody who thinks that they need help at home is legally entitled to an assessment by a Adult and Community [former known as social services] case worker. Two tests are carried out, a ‘needs test’ during which the claimant will be identified as either requiring ’critical’ or ’substantial’ or ’moderate’ or ’low levels of need’ and a ‘means test’ when prove of assets will be required - bank statements/savings book/cash, etc. and any property ownership.

Finally on this matter, people receiving care in a care home and paying for it themselves are being said to be paying more than they should to make up for the difference between the amount local authorities are prepared to pay which is lower than ‘private’ residents.

[13 KNOWING YOUR RIGHTS IN RESPECT OF LOCAL AUTHORITY CARE SERVICES AND SUPPORT WHEN ENTERING A UK CARE HOME [amended February 1 2008]: The recently published CSCI annual report, 'The State of Social Care' highlighted the need for Government to radically rethink the way older people are assessed for eligibility to care services and support.

Local Authority Social Service Departments are found to be failing to provide care assessments, or failing to offer adequate care packages - because of funding limitations. Without such help, uninformed, vulnerable people may be choosing inadequate or inappropriate care - and missing out on financial support which they should get!

Financial support being denied can include the '12 Week Property Disregard' - where local authorities should disregard property value of people entering permanently into a care home. The 12 week disregard period can be worth over £3,000 in financial support.

People can also be missing out on the Deferred Loan Scheme from local authorities, where a loan for care funding can be secured against a property's value. This can provide considerable flexibility when a property can take months to sell and care fees have to be found.

Attendance Allowance and the Pension Credit Severe Disability Premium can also be worth £112.95 for each week a property needing to be sold is on the market.

[b] INAPPROPRIATE CARE CONSEQUENCES: Philip Spiers of specialist care fees advice company, NHFA stresses the inadequacies of a seriously over-burdened and restricted system. "People are choosing care that is inappropriate for their needs, or will be too expensive for the local authority to fund, when their own money runs out. The consequences of them being forced to move to a different care home or the family feeling obliged to pay substantial top-ups are now a real fear for many."

These problems can be avoided if people know their rights - in respect of local authority charging and assessment procedures, health authority responsibilities and welfare benefits. It is also a sobering thought that 70,000 homes are needlessly sold to pay for care each year in the UK - when alternative options are most certainly available.

On all these matters, it pays to be fully informed of possibilities, before the crisis of care home need arises. Care Directions has asked NHFA to provide comprehensive guidance which is incorporated in the website http://www.medicalnewstoday.com/articles/95784.php or by going to a solicitors or other qualified person as we always advocate.

using the following information:

Attendance Allowance (this link will take you to the Direct.gov website)
Disability Living Allowance (this link will take you to the Direct.gov website)
Carer's Allowance (this link will take you to the Direct.gov website)
Vaccine Damage Payments (this link will take you to the Direct.gov website www.Direct.gov.uk. Direct.gov also explains how to claim Attendance Allowance, Disability Living Allowance and Carer's Allowance online. Follow the Direct.gov links on the website www.Direct.gov.uk to the 'How to claim' sections.

[B] Advisers and professionals: If you are an adviser or professional working with disabled people or carers, visit the Disability and Carers Service (DCS) pages on the Direct.gov website to find out more about the services DCS provides and how they can benefit you.

Disabled or long-term ill
Caring for others
Sick or unable to work
Managing on a low income
In hospital
Information about care homes
Visiting or living abroad

All available on the website www.Direct.gov.uk but at times you will have to negotiate yourself through the website.

[14] CALLS FOR CHEAPER UTILITY BILLS FOR THE POORER AND PENSIONERS: Recent price rises by gas and electricity firms are not justified and the Competition Commission should investigate, a watchdog has said. Three energy companies have raised their prices by an average of 15%, affecting 27 million consumers. They blame soaring wholesale energy prices but Energywatch says the market is not competitive enough and consumers are paying over the odds but the regulator Ofgem insists that the UK energy market is competitive.

[15] OPERATION DEEP CLEAN: It has been announced that Ministers are confident of a raft of measures announced by the Prime Minister in his new year speech which will help tackle potentially lethal hospital infections. This is the second such announcement by the Labour government in eight months. The infection strategy for England includes more infection control nurses, patient screening, deep cleaning and campaign to cut antibiotic use. However much has been announced already, and experts said there was a long fight ahead to beat the bugs. MRSA and Clostridium difficile rates are now both falling, but still cause thousands of deaths a year. The Government have allotted £35 million for this ‘deep clean’ exercise whilst in the same week made available £350 million to South London immigrants to take English classes to help them. £700 million has also been given to India as ’over-seas’ aid. What about UK aid? What for heaven’s sake is more important, elderly, sick, frail, disabled peoples lives or immigrants learning English?

[16] FURY OVER ‘ONE-OFF’ WINTER FUEL PAYMENT: The revelation in the 2008 Budget of the £50.00 for over 60’s and £100 for over 80’s of the ‘one-off’ increase in the winter fuel page has caused a storm across disabled and elderly groups. The £50 will not even cover the massive increase’s in gas, electricity and fuel oil in recent months.

The Governments own Independent Research at the House of Commons library shows that the average energy bill has risen by an average of £140 a year in the four years, which works out at £90 more than the ‘one-off’ £50 increase. For the over 75’s, the cost of heating has risen annually by almost £120 and cancelling out the £100 ‘one-off’ rise. A further revelation is that when the Winter Fuel Allowance was first introduced it covered over a third of the average bill but now, even with the £50 increase for one year only, it will only cover just a quarter of energy bills. Perhaps the Chancellor never goes into the library?

It should be remembered that these increase’s will not be with us until November 2008, in the meantime, the energy bills keep on increasing. The only people to welcome the news will be those pensioners living in the sun where temperatures seldom drop below 60C, but are these days numbered as the Department of Works and Pensions are looking at whether the additional money is actually ’exportable’ or whether could it only be paid to pensioners in the UK. We agree with this so enjoy the increase whilst you can you sun seekers.

[17] PANDEMIC WARNING: Yet another lethal hospital super-bug that is even more resistant to drugs than MRSA is on the rampage. Acinetobacter is being treated by an anti-biotic sidelined 20 years ago because of fears by staff battling against the ‘super-bug’.

Some 1000 people a year have caught the Acinetobacter which can cause blood poisoning and life threatening pneumonia in the vulnerable. 30 people died in a Paddington hospital last year from the super-bug and 93 in Birmingham were infected with 35 dying. They may be links to soldiers returning from Iraq and Afghan deserts.

The super-bug is a world wide problem to doctors because the ‘super-bug’ is becoming resistant to these older and considered more dangerous medicines i.e. antibiotics. It is said that MRSA is easier to treat than Acinetobacter which survives on furniture and floors for three weeks and tends to attack the seriously ill such as cancer suffers, car crash victims and burns patients. The Health Protection Agency advises that patients must be isolated with wards/rooms being thoroughly cleaned with bedding being thrown away or disinfected.

[18] GOVERNMENT ADMITS WINTER FUEL PAYMENTS NO LONGER COVER FUEL BILLS: Following the soaring increase’s in fuel bills recently, the average annual fuel bill for pensioners under 75 has risen to £420 and at £350 for over 75’s per annum, effectively cancelling out the cold winter payments a House of Commons Committee has finally admitted. We could have told them this years ago. This is information was discovered as a result of a search under the Freedom of Information Act which also revealed that more than £10 million was paid to pensioners each year who have escaped the UK and retired to the sun partly for the warmth.

Needless to say many groups including MP’s are furious over this for obvious reasons, but it has been disclosed in a newspaper article that under European law, benefits acquired in one member state must be paid to those qualifying when they move to another. Does this apply to all benefits we wonder? We have asked House of Commons MP’s and European Union MEP’s for an answer. What we suspect will happen is that the UK Government was sit on it for ages wondering what to do.

Those who have retired to 29 European countries including Spain’s Costa’s, Greece, Portugal, Southern France and some tropical islands from Martinique in the Caribbean to Reunion island’s in the Indian ocean can receive the winter fuel payment where temperatures seldom fall below 60C, so long as the ’retirees’ apply and register for the winter fuel allowance whilst still in the UK, they will receive the fuel allowance. I wonder how many glasses of their favourite tipple £200 will buy, whilst elderly and disabled UK Winter Fuel Payments recipients in the UK, where temperatures can fall to -8 C, continue to try and pay their gas, electricity and water bills during the winter year after year after year ?

[19] BROWN VOWS TO MAKE CARE ‘FAIRER’: care 'fairer'
Gordon Brown is set to outline the need to reform social care for Britain's ageing population. The prime minister will say making the system better, fairer and affordable is one of the most important challenges facing ministers. His speech marks the start of a six-month public consultation focused on the future shape of care services. Ministers say without radical reform, the care system in England alone faces a £6bn shortfall within 20 years. That warning comes as forecasters say that in the next two decades a quarter of the UK's adult population will be over 65 and the number of people over 85 will have doubled.

Thanks for joining us, see you in July 2008.

DISCLAIMER

As indicated in our ‘Home and ‘Advice’ Pages’ on our website www.lawandbenefitreview.co.uk

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. June 2008 [edition 25]

[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.
June 2008
[edition 25]