LAW AND BENEFIT REVIEW
[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
'for all disability issues’
disability.matters@yahoo.co.uk
www.lawandbenefitreview.co.uk
[01285-861752]
REVIEWS, ARTICLES, COMMENT, UPDATES, LEGISLATION, BENEFITS, PENSIONS, CARING, NHS, BILLS WATCH, ETC.
July 2008
[edition 26]
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Thanks for joining us in July 2008. We have a heavy load again this month to report, so we will get straight down to it. We would like to remind you all that in addition to the articles here every month, there are more numerous separate and different articles on our other website at http://beehive.thisisgloucestershire.co.uk which is updated daily, and we advice that these should be read in conjunction with the LBR.
There are 16 separate web-pages pages increasing all the time, on various diverse subjects on the ‘gloucestershire beehive’ site, such as ‘home page’ - ‘news at it happens 1 & 2’ - ‘motoring news’ - ‘European legislation’ - ‘travel news’ - ‘legislation, law and order’ - ‘European disability matters‘ - monthly updates, NHS & bugs, local Gloucestershire news, etc. It should be said that the subject matters on the ‘beehive’ site normally contain just a précis of the subject, but sufficient enough for the reader to be aware of the basics of any changes, new information, legalisation, etc. Important subjects will be concentrated to appear in full in the next LBR after the ‘beehive’ précis has appeared.
BILLS WATCH
HOUSING AND REGENERATION BILL
The second reading of this Bill has taken place. The Bill creates a New Homes & Community Agency [HCA]. The Government confirmed how they, and the Department of Communities & Local Government [CLG] factored into Government ‘disability’ housing policy. The Principles of the CLG included independence in peoples own homes for as long as possible and plans must be in place for an aging population and housing built accordingly.
The Standards in the Code for Sustainable Homes intends to make these standards mandatory by 2016 for the private sectors but opposition to this date suggested 2009 was the only solution to ensure that developers and private builders kept to a tough design and build the 3 million houses requested by the Government, in an accessible and adaptable not be accessible all.
The Lifetime Holmes Standards [LTH] have said that the building on of an extension on the ground floor of new homes for those with mobility impairments covering access to the dwelling, space within the property for further adaptation, and the movement between different levels and the position of light switches and taps, although no guarantee exists for full wheelchair accessibility. It makes you wonder what planet the people who make these decisions live on. What is the point in making these adaptations if wheelchair users cannot access the home?
EXHIBITIONS
DISABILITY AWARENESS DAY 2008
WALTON HALL GARDENS - WARRINGTON - OFF A56
SUNDAY JULY 6 2008 1000 TO 1700 HRS.
www.disabilityawarenessday.org.uk
ROYAL INTERNATIONAL AIR TATTOO [RIAT]
JULY 13/14/15 2008
FAIRFORD, GLOUCESTERSHIRE
Log onto www.fairford-gloucestershire.com for further details.
Fully accessible for all disabled people with adapted buses running from Swindon, Wilts. along special routes.
ARTICLES
[1] CARING COSTS COULD HIT £1000 A WEEK: Care home bills for their elderly will double to more than £1000 per week in two decades. People in care, families and relatives are facing increasing financial burdens because residential and nursing home charges are raising faster than inflation.
Saga, have calculated that the average cost of a care home is currently just under £540 a week, or £112.312 over four years which is a typical length of time in a home for an elderly person. In 20 years this will rise to £223,476 for the same period.
The Government have promised a Green paper this year on reforms to a system that is dependent upon on means testing which it is reported has resulted in tens of thousands of homes being sold each year to support costs for care home care which we have repeatedly said is not necessary so, as many circumstances to do support this.
As life expediency increases, more and more elderly people are going to be around and it is now that everybody needs to find how the costs of future care is going to be funded. Relative’s living in properties owned by the person who eventually needs to enter a care or nursing home will not have or be forced into selling the property to pay for their care. Carers accommodating elderly or disabled people in their homes will not be forced to sell their properties to pay for the person they have been caring or nursing
for and do not let anybody tell you otherwise.
Elderly, frail and seriously disabled people who are in rented accommodation without savings will be free of care and nursing costs, but others need to look urgently as to how they will be able to support their parents and relatives.
[2] RECEIVING UK STATE BENEFITS ABROAD: Regular readers of our web-page will remember that we recently included an article on the receipt of UK state benefits abroad when residing in the country of your choice permanently. After researching this matter, we have ascertained the following information from a QC, MP on behalf of the Department of Works and Pensions:
“European Community [EC] Regulations 1408/71 provides that, in certain circumstances, some benefits acquired in one Member State must be paid to people who live outside that state and within the European Economic Area or [EEA]. In October 2007, the European Court of Justice decided to remove the mobility ??? component of Disability Living Allowance [DLA], Attendance Allowance [AA] and the Carers Allowance from the non-exportable special non-contributory cash benefits in the EC Annex of regulation 1408/71. As a result of this judgement, those receiving these benefits, i.e. DLA [care], AA and Carers Allowance benefits, having met the existing entitlement criteria to receive these benefits, will, in certain circumstances, receive them in exportable EEA countries and Switzerland but without the mobility component. All vehicles taken into the said countries can only remain there without local matriculation for a maximum of twelve months [i.e. July one year to June the next] or returned to the UK. Motability vehicles will not be permitted to be taken abroad other than for vocation purposes, and must be handed back to Motability before leaving the UK if permanently.
The DWP is working with the European Commission to clarify how the UK disability benefits, which are long-termed residence-based benefits. The details of the eligibility criteria is now shown on the website www.direct.gov.uk for more clarification. It is said that the first payments could be made to eligible claimants shortly afterwards.
There may well be already people permanently resident aboard within one of the EEA countries who do not receive the benefits quoted but once did, and my well have to re-apply for them if the decision due on April 5 is favourable. How you would go about this we do not exactly know.
INCOME SUPPORT will only normally be payable to qualifying claimants for only the first four weeks of the absence from the UK. EU law and any other reciprocal agreements between the UK and other countries have no effect on any decisions on Income Support entitlement by reason of the claimant being absent from the UK. Sun-seekers spending three months or more of our winter period in Spain or elsewhere, should seriously remember this if they are in receipt of Income Support in the UK.
Income Support will not be sent abroad, but paid for the four week period only, any payment made beyond this period to people living outside the UK either permanently or on long vocations, will be unlawful and must be refunded to the DWP. Failure to inform the DWP of absences over the four-week period may effect your further receipt of Income Support.
PENSION CREDIT under the current rules, this benefit is generally the same as those of Income Support with the benefit being paid for the four-week period described above. However, from October 2008, Pension Credit claimants will be able to spend up to 13 weeks abroad to retain the Pension Credit benefit. This brings Pension Credit in line with Housing Benefit and Council Tax Benefit.
As usual, the rules governing state benefits can change at any time, by change’s of rules as a result of government policy or change of government, so if you are thinking of moving abroad on a permanent basis then this should be considered as you could end up with nothing whilst outside the UK, with the possibility of having to re-apply for the benefits if you ever return to the UK and this is not so easy as it used to be. If you are totally reliant on those qualifying state benefits in EEA countries and Switzerland once making the permanent move, then your income will be totally gone.
If you take extended vocations, say during a UK winter period in one of the EEA countries, then take extra care and keep return ferry tickets and/or air tickets and boarding passes showing date of departure and return to and from the UK, hotel, shopping, renting accommodation contracts, utility, restaurant, petrol, supermarket receipts, bank receipts, etc. from the country where you have stayed as proof of ‘residence’, exit and return from the UK.
[3] USEFUL DETAILS CONCERNING MINISTERS OF STATE:
It has been found during 2007 that the names of Ministers of State have changed so much and so often that it is difficult to keep up with all the changes. When Gordon Brown MP took office as Prime Minister in 2007, he changed all the Ministers of State that Tony Blaire MP had appointed and replaced them with old and new faces. We have therefore decided in the future not to list what each Minister of State is responsible for but to list what each Ministry’s duties are so that you can at least write to the correct Ministry, If you wish to write to a Minister of State personally then you may find him or her on the Parliamentary website www.parliament.uk/. We originally named all the appropriate Ministers and their Department’s who deal with matters reverent to disabled matters, state benefits and pensions on our information pages on the Law and Benefit Review website but we have stopped this and will now re-issue this article every six months or so.
Due to the large amount of mail that Ministers of State receive and have to deal with, it is rare to receive a personal reply from him or her. Instead, an Under Secretary or Civil Servant employed within the appropriate Ministry will respond to your letters. If you are not satisfied with the response from the Under Secretary or the responding Civil Servant then, you make an appointment with the Minister at his or her surgery as after all, Ministers of State are just ordinary MPs’, with extra responsibility, but still representing their constituents. Write to The Minister of State for [name the Ministry i.e. Department for Health, Department for Works and Pensions], etc. c/o The House of Commons, Westminster, London, SW1A OAA
Members of Parliament may be contacted in the same manner as Ministers of State, either by obtaining details of their surgeries, where they locally meet their constituents, or by writing to them c/o The House of Commons, Westminster, London, SW1A OAA where MP’s have secretaries. Which ever address you write to, the Member of Parliament will receive your letter and acknowledge it. Normally, MP’s write personally to you unless they are away for some reason.
The following list of Government Department’s and Ministry’s may help you to decide to whom to write:
Secretary of State for Work and Pensions responsible for:
Overall responsibility for all work and pensions matters as well as public expenditure issues.
Minister of State for Employment and Welfare Reform responsible for:
Labour market and the economy
Labour market statistics
Welfare Reform
Jobcentre Plus
The New Deal
Incapacity Benefit Reform
Statutory Sick Pay (SSP)
Lone parents, childcare and partners
Ethnic minority employment (Chair of EME task force)
Migrants, refugees & asylum seekers
Adult Disadvantage
Young people (Links with DfES)
Older workers (including extending working lives)
Age Discrimination (work)
Employers (including the National Employment Panel)
Skills
Disadvantaged areas and regional issues
Poverty including social exclusion
Employment programmes
Redundancies (including Rapid Response service)
Industrial injuries disability benefit (IIDB)
Compensation recovery
Tax Credits
Minister of State for Pensions Reform responsible for:
Stakeholder Pensions
Private Pensions
Financial Assistance Scheme
Pensions Protection Fund
Pensions Regulator
Informed Choice
Age Discrimination (retirement)
Pension Reform
The Pension Service
State Pensions Provision including Pension Credit
Winter Fuel Payments/Age Related Payments
Age Positive including Extending Working Lives
Regulatory Reform and E-Government
Parliamentary Under Secretary (Lords) responsible for:
All Department of Works Pensions issues in the Lords
Child Support Agency
Health and Safety Executive and Commission
Maternity and Paternity Pay
Sustainable Development issues
Diversity
Freedom of Information
Data Protection
Human Rights
Devolution
Research and Statistics
Civil Partnerships
Health, Work and Well Being and Vocational Rehabilitation
Parliamentary Under Secretary (Disabled People) responsible for:
Disability Legislation
Disability Rights Commission/Single Equality Body
Remploy/Workstep/Supported Employment
Access to Work
Independent Living Funds
Vaccine Damage Payments
Carers Issues/ Long Term Care
Carers' Allowance
Disability Living Allowance/Attendance Allowance
Motability/ SVF (Specialised Vehicles Fund)
DWP input to Veterans' Taskforce
Civil Partnerships
Departmental Management Issues
She leads in the Commons on:
Health and Safety Executive/Commission including Employer's
Liability Compulsory Insurance, Occupational Health and
Sickness Absence
Human Rights
Freedom of Information
Appeals and Adjudication
Maternity and Paternity pay
Parliamentary Under Secretary (Commons) responsible for:
Housing Benefit
Council Tax Benefit
Bereavement Benefit
Income Support (Working Age)
Jobseekers Allowance
Students
International Relations
European Union Business
Social Fund
European Social Fund
Debt Management Policy
Fraud and Error
Methods of Payment Reform
The Euro
Better Buildings and department Green Issues.
Benefit Simplification
Adult Basic Skills
Habitual Residency Test
National Insurance Numbers (NINOs)
Support on Pensions Legislation
Correspondence Champion
Social Security Advisory Committee
The Minister also leads in the Commons on the Child Support Agency
4: WHOSE BEEN IN YOUR HOUSE?: Following the discovery by a female property owner of a private house that a pre-payment electricity meter had been installed in her home without her priory knowledge or consent and the original meter removed, the following information has emerged.
It has been revealed that there are some 266 powers on the UK Statute Book allowing some people, businesses, companies and organisations to enter or break into peoples homes even when they are not there. The installation of the pre-payment meter was all a mistake anyway and was a result of an alleged non-payment of a electricity bill. Woops!
There is now a Private Members Bill being discussed in the House of Lords seeking to drastically restrict these powers. Government authorities such as the Police, HM Revenue & Customs, some Bailiffs and High Court Sheriffs you would expect in certain circumstances to have powers of entry property forcibly if needs be, but gas, water, electricity companies and a host of others also have the power to break into your home causing damage as they do so. All County Court Bailiffs are also expected to be given these powers shortly.
The Power of Entry Bill passing through the Parliamentary corridors now, has revealed that powers have grown up piecemeal from would you believe it, EU directives, so we would also expect them to be used in all EU countries too. The directives allow the use of force and some carry draconian penalties for obstruction which includes heavy fines and up to two years in jail. The Bill seeks to restrict these powers to law-enforcements agencies only which would include all Bailiffs and to tighten up the circumstances in which the powers of forcible entry may be used by some other organisations.
Such aggressive enforcement will always require a warrant or court order issued by County or High Court official such as a Magistrate or Judge, and sensible used in extreme circumstances. The warrants or orders should only be issued in circumstances that justify their issue after all else has failed. Town halls, district and county authorities have the powers to issue their own ‘warrants of distress’ to recover unpaid council tax and often employ their own bailiffs who carry an authorisation issued by a County Court as indeed all bailiffs employed by debt collection agencies and other organisations.
You have a right in law to be shown both the Bailiffs Certificate and the warrant or order before any proceedings take place at the property, but if you are not there when they call there is nothing that can be done at the time of entry. The police will also have a specific warrant for a specific address authorising them to carry out specific duties but HM Revenue & Customs officers have an ’open warrant’ which provides them with extensive powers - much more than a police officer, so don’t upset them.
Owners of property abroad should also be aware that apparently such powers exist throughout all EU countries, so keep water, electricity, and community charge bills paid up to date through bank direct debits. It is not unknown for local police to attend properties with water and electricity company employees and seal the outer doors of the property with a padlock and chain in which is incorporated a metal official seal. They will also affix a notice to the door that have been sealed off showing the reason for their action. If you find that this has occurred, then please do not break the seal or cut the chain or padlock as this is an offence which could lead to your immediate arrest and imprisonment. The police treat these matters very seriously. What you should do is attend the offices of a local advocate taking the notice from the door with you and instruct him/her to deal with it. Normally, after paying the outstanding bill plus any costs and the advocates account, the police will ‘un-seal’ the premises, but already the neighbours will know you have not paid a utility bill! DO NOT be tempted to break back into your property even if its 0300 in the morning - stay in a hotel over night - and then go to the advocates. These actions occur frequently particularly to second home owners or holiday home complexes where the owners only visit on occasions and do not receive accounts for utilities sent very often to the equivalent of our P O Boxes and remain uncollected until the owners appear for their few weeks in the sun - a bank direct debit will save all this drama so long as you keep sufficient funds in your bank account or ask a relative or friend living close by to regularly check your postal box for bills and organise payments as these bills come on a fixed period basis, often every two months in some areas, so you can quickly become a debtor. The Bill may be viewed in full may be viewed at www.publications.parliament.co.uk but remember amendments and changes may well be made before the Bill is finally given Royal Ascent.
5: HOSPITAL CUISINE NOT TO YOUR LIKING?: Hospital food is alleged to be so bad, the at least a quarter of patients ask relatives to bring food into them. A recent survey found that the food had not improved in 12 months when the last survey was carried out and was described by patients interviewed as “repulsive”, “awful” and “disgusting”. Which, the consumer magazine, found that 1 in 3 of those staying in hospital were unhappy with the food served. Even hospital staff serving the food said it was poor and 1 in 5 admitted that they would not eat the food.
Patients also complained that food was not served at appropriate times, breakfast to early, lunch from 11.30 a.m. and dinner at 5.0. p.m. and then nothing, other than a hot drink and perhaps a biscuit mid-evening until 14 hours later. when breakfast was served from 0545 onwards. Others said that they would have preferred the ‘hot’ meal of the day for dinner or ’tea’ as it is often called in hospital rather than for lunch. Many also said that often food served was not appropriate to their medical condition such has serving spicy food when they were suffering from ulcers.
From the writers experience in 2005 at a Gloucestershire hospital, the meals for a whole day arrived at the hospital at 0430 waking everybody up with the vehicles reversing bleeper screaming its head off. The food was then transported to a large kitchen area within the hospital which was fully equipped to prepare meals on the premises, but instead the meals were transported in from 90 miles away in Wales in containers. Presumably, the food was then kept somehow warm or cold until required. Why on earth was the hospital working kitchen not being utilised for the purpose for which is was built? The food was b***** awful, cardboard rolls every morning, no toast, tea and coffee which did not taste anything like tea or coffee, salads which were minimal in content for lunch and evening meals which were not worth commenting upon and often left. There was a choose of three meals for lunch and dinner all equally poor in contents and substance. The vitamin content of the meals must have been very low and insofar as nutrients were concerned, well? Instead, the writer almost lived on home made egg mayonnaise sandwiches and home made soup for seven days. Lovely Juberley.
6: FREE EYE TESTS AT HOME: Last month we covered free hearing tests in many areas. Now ‘Ask Lloyds’ the pharmacy chain, in association with ‘theoutsideclinic’ are offering free home eye site tests for the over 60’s, free glasses and free delivery and fitting subject to qualifying state benefits. The free glasses offer only applies to those who are entitled to NHS domiciliary optical services and/or NHS spectacle vouchers details of which may be obtained from www.lloydspharmacy.com or Lloyds Pharmacy Ltd. Coventry, CV2 2TX. or call 0800 9549 100 for a free eye test in your own home.
7: GOVERNMENT MUST ACT TO DELIVER RIGHTS FOR OLDER PEOPLE : Improved sharing of best practice between European countries, further anti-discrimination legislation and better financial provisions must lead the drive to provide older people with the increased dignity and security they deserve, according to a Liz Lynn a Liberal Democrat Euro MP who was speaking at a conference organised by ‘Help the Aged’ and attended by politicians, the government's equality department and many older people.
Ms Lynn commented that "In the UK, 25,000 older people continue to die every year due to the cold weather; 2.2 million older people live in poverty and 500,000 older people are being subjected to elder abuse as we speak. These are horrific statistics; surely we owe our older people more than this?“ “The Government must do more to deliver a society free from discrimination, abuse, poverty and social exclusion. There is no need to reinvent the wheel; we must look at how other EU countries deal with these issues; in Finland and Sweden for example, it is much colder than the UK, but "excess" deaths due to winter cold are almost unheard of."
Thousands of people of all ages continue to face discrimination in the workplace due to the UK Government's interpretation of EU anti-discrimination legislation and a lack of awareness of their rights and as many as 10 percent of EU citizens aged 60 and older experience financial, physical or other abuse.
"The UK government must now support EU plans to bring forward new legislation to combat discrimination in access to goods and services which will help in areas such as medical treatment. "Failure to progress in these areas will lead to the continuing exclusion, abuse and unnecessary death of hundreds of thousands of older people said Ms. Lynn." Ms. Lynn MEP fights in the European Parliament on behalf of elderly and disabled people concerning many varying issues for which we should all be grateful. Thanks Ms. Lynn from all of us at ‘Disability Matters’. When ever a disability or elderly issue appears as a result of Ms. Lynn’s efforts - we will report it.
8: VEHICLE REMOVALS FROM MOTORWAYS & ‘A’ ROUTES:
[NEW POWERS FOR MOTORWAY HIGHWAYS AGENCY TRAFFIC OFFICERS[: [DECEMBER 2007]
Readers will hopefully remember that in January 2008 we featured an article on the new powers for Highways Agency Traffic Officers to remove broken down or abandoned vehicles from the strategic road network. We at ‘Disability Matters’ responded to the consultation and have received the following reply:
Kelly Luther, the Highway Agency’s Research and Policy Manager has replied to us saying “The Highway Agency will continue to promote owners or drivers making their own suitable recovery arrangements, i.e. AA or RAC. The proposed regulations will come into force when owners or drivers are unable to make their own suitable arrangements [such as when they have left the scene of the accident by ambulance] or when they refuse to remove their vehicles”. It would be advisably for all disabled drivers or a passenger in the car, to ensure that their choice of ‘recovery’ is informed that the accident or breakdown in on a motorway in order to prevent removal of the vehicle by the Highways Agency.
9: GUIDE FOR DOG USERS: The Guide Dogs for the Blind Association has published leaflets for hotels and restaurants who meet the requirements of the Disability Discrimination Act 1995 [DDA]. A further leaflet is also available for taxi divers from www.guidedogs.org.uk or 0118 983 5555.
10: INCREASED ADAPTATION FUNDING: The Government have announced increased funding for the Disability Facilities Grant [DFG] as part of the package to help people live independently in their homes. The increase is £25m for 2008/2009, an increase of 20%, making the total package of £146m. The Government have also announced further plans to strengthen Home Improvement Agencies that help’s homeowners and tenants renting private housing repair and maintain their homes.
11: DEPARTMENT OF TRANSPORT SCOOTER REVIEW: Questions are now being asked in the House of Commons concerning the training, registration, the participation of General Practitioners, the fitness to ride and to purchase of mobility scooters in England. The Government is reviewing these matters and The Minister for State for the Department of Transport said that the government will be announcing plans during 2008 as to possible compulsory training among other matters.
12: VALUE ADDED TAX ON SECOND-HAND CARS: Despite of what some people are convinced of, VAT registered car dealers with Her Majesty’s Revenue & Customs, will charge VAT on the profit element of the selling price of the vehicle. If a car was purchased for £1000 and sold for £1,500 including the VAT, then VAT would be charged on the difference, i.e. purchase price £1000, sold for £1,500, profit £425, VAT £75, but you will find that the VAT element will not be shown separately on the sales invoice. Those who enjoy VAT exemption have no claim for the VAT not to be included in the total purchase price unlike ‘new’ vehicles.
13: OVER 60’s FORCED BACK TO WORK: Due to increasing financial difficulties caused often by inadequate state benefits & pensions plus a 30% inflation figure for older people/ pensioners, they are finding that they have no alternative but to seek employment. to support themselves. 7.8 million workers over 50 are now in employment, the highest there has ever been since records began, with 1.2 million being of pension able age and a further 2.4 million wanting or needing paid jobs but cannot get them.
The jobs are not just needed for ‘luxuries’ but the basics of life such as food, fuel and lighting. The number of elderly people continuing to work will increase more and more with the retirement age being forced upwards to 70.
Those on pension credit, income support, housing benefit, community charge benefit and other benefits, must remember that although they are desperately trying to keep themselves solvent, working and claiming benefits do not mix and is illegal. Any work undertaken must be declared to the Department of Work and Pensions and the failure to do so may lead you into trouble. It requires a lot of thought to determine if ‘working’ is really worth while, bearing in mind what you could possibly lose, i.e. income support, pension credit etc. Tread carefully.
[14] ‘ESTIMATE’ OR ‘QUOTATION’?: Many readers have contacted us concerning ‘misunderstandings’ with builders bills after work has been completed. Many have been shocked by the difference between what they were ‘estimated’ for work and the ‘quotation’ they were given when the work was completed. In simple words, an ‘estimate’ is generally taken as a ‘rough price’ whilst a ‘quotation’ is a more of an ‘exact or firm price’ - the price you pay when the job is completed.
If a job is a small one then an ‘estimate’ should suffice, however the ‘estimate’ and the ‘quotation’ should be more or less the same, if not, and the ‘quotation’ is lot higher than the ‘estimate’, it could be argued that the builder or estimator failed to exercise reasonable care in working out the ’estimate’.
Where construction work such as an extension, conservatory, garage, roofing etc. is required, a full ‘quotation’ in writing must be obtained on the builders headed note paper - not a scarp of paper. If you agree to the ‘quotation’ then a formal contract is made between you and the builder.
It should be remembered however, that during the course of work taking place, ‘hidden’ problems may be found that could not have possibly been seen or anticipated when the ’quote’ was tendered and agreed. Professional builders with lots of experience should be fully aware of any problems that may occur during the new construction work such as rotten timbers not visible, and will inform their clients of such, so if unexpected problem’s arise, the client will already be possible expecting it and will have pay for the extra work and material.
If during the course of work, you decide to change the original work load, say with an additional window or door being added to the work, then you will have to pay for this and will be accounted for the extra work and material, so again obtain a second ’quotation’ in writing to keep matters straight. Changes to the original building plans may also require a further architects drawing, if you had one originally, additional planning permission and additional costs.
The ‘quotation’ should include a time scale for the work to be carried out with possible financial penalties included in case the builders over run the completion date. Reputable builders will know exactly how long the work the original work load will take and will re-quote time factors for any additional work.
Some smaller builders may ask for money to cover the cost of initial material and when that has been spent, ask for more. If this occurs, then keep a record of the payments and ask the builder for a receipt for each part-payment or signing for receipt of the money.
[15] LOW INCOME/WATER METERS: If you are on certain state benefits or on a low income and have a metered water supply you may be entitled to a reduced water bill.
To qualify for a Vulnerable Tariff, the person who pays the water bill or somebody else in the household must receive one of the following benefits: Income Support, Income-based Job Seekers Allowance, Housing Benefit, Council Tax Benefit, Pension Credit,
Working Tax Credit, Child Tax Credit. NOTE: Disability Living Allowance, Carers Allowance and Incapacity Benefit are not qualifying benefits.
You may also qualify for the ‘Vulnerable Tariff’ by suffering from certain medical conditions, i.e. Desquamation, Weeping skin disease, Incontinence, Abdominal stoma, Crohn’s disease, Ulcerative colitis, Renal Failure with home dialysis where the local authority contributes to the cost of the dialysis and other medical conditions which requires a significant amount of water, such as the relieving arthritic pain with hot water which must be supported by a GP’s certificate or letter.
After completing an application form provided by your water supplier and providing the necessary proof of benefit receipt or medical condition, and your water supplier accepting your application, your annual water bill will be reduced to a fixed amount per annum of £163 for water and £108 for wastewater. If you use less water then the £163 amount, then the lesser amount will only be payable. It may be that if single folks water bills is less than £163 a year, and the waste water less than £108, then this scheme is not for you. The ‘Vulnerable Tariff’ is a generally known name for the whole scheme, but water suppliers use other names to identify the scheme. Thames Water use the name ’WaterSure Scheme.
[16] PHONE SWITCH ‘SLAMMING’: Vulnerable people are among thousands of others who are being subjected to ‘slamming’ which means having their telephone/mobile line supplier changed without their prior knowledge. The first thing they know about it is that the receive a letter from their previous supplier regretting their change of supplier.
The matter has become so prevalent, that Ofcom have stepped in with threats of 10% fines of the rogue company’s turnover. Currently 500 complaints per month are being received from consumers who have been signed up to another phone service without their consent or knowledge. It would appear that these unauthorised changes are as a result of ‘cold callers’ and as soon as a person takes an interest in the new service, the ‘cold-calling’ supplier is almost certain to grab the business for themselves as no clients signature on a contract is required.
Ofcom, Office of Fair Trading, Office of the Telecommunications Ombudsman, www.otelo.org.uk and Communications and Internet Services Adjudication Scheme at www.cisas.org.uk are the people to complain to. In 2066, Ofcom imposed the 10% fine on Just Telecoms UK trading as Lo-Rate Telecom and Economy Call Ltd & XLN Telecoms UK were served with Notices.
Elderly people and seriously disabled people who reply on emergency alarms and cell-phones for emergency contact are finding that their systems are not working due to these unacceptable tactics and unauthorised transfers. Equally seriously. is those people who have been subjected to these ‘slammings’ have found that when they wish to return to BT for the telephone line connection, they are subject to a charge of £125 by BT.
If you receive a ‘cold call’ over your telephone or cell-phone or at your front door and you are not at all interested in changing your telephone line supplier, replace the telephone receiver, close your cellphone or close the front door. Show any interest in the call or caller at all, and you may find down the line you have been connected to another supplier.
[17] THE CONVENTION OF RIGHTS OF PERSONS WITH DISABILITIES: The Convention on the Rights of Persons with Disabilities and its Optional Protocol were adopted by the United Nations General Assembly on 13 December 2006, and opened for signature on 30 March 2007. On 30 March, 81 Member States and the European Community signed the Convention, the highest number of signatures of any human rights convention on its opening day. 44 Member States signed the Optional Protocol, and 1 Member State ratified the Convention. The Convention was negotiated during eight sessions of an Ad Hoc Committee of the General Assembly from 2002 to 2006, making it the fastest negotiated human rights treaty. The Convention aims to ensure that persons with disabilities enjoy human rights on an equal basis with others.
[18] FRIENDLY HOMES FOR ELDERLY: By 2011, new developments must be designed to suit older people under plans unveiled in February 2008. The new homes must conform to 16 specifications for the aging population such as wide stairs for stair-lifts, accessible for wheelchairs, wide parking spaces, etc. Private developers strangely will have to 2018 to include these specifications. It is said that these reforms will help people to stay in their own homes longer and avoid the costs of adaptations or moving in the future.
Cost is going to be a thorn in the side of the builders, as the extra expensive of providing these 16 specifications could make it impossible to fulfil or sell the properties once completed. These homes will also have to be eco-friendly.
[19] PENSIONERS LOSE OUT AFTER TAX SHAKE-UP: Hundreds of pensioners on low incomes will be worse off under radical changes to the tax system that came into force in April 2008. The Government is stopping the 10p starting rate of Income Tax whilst cutting the basic rate of tax from 22p in the pound to 20p. People in incomes of less than £15.000 per annum will be worse off with some finding that their income tax will almost double.
Women who retire at 60, but do not receive the higher pensioners tax allowance until they are 65 will be particularly hard hit. A pensioner under 65 in receipt of £10.000 a year who is not entitled to state benefits other than state pension, paid £783 income tax per annum, after April 2008, this will rise to £913, £130 per year worse off. Those on £7000 a year will be hit with a whooping 76 per cent in crease in their tax bill, paying £313 instead of £177.50 before April 2008.
But it is not all doom and gloom, pensioners over 65 will be protected from these changes because the Government is increasing the personal allowances as from April 2008 from £7690 to £9030. For over 75’s, this will rise from £7690 to £9180
Those in receipt of more than £15.000 a year, will gain enough from the drop in the basic tax rate to make up for the 10p band.
The good news is that when you turn 80, you will be entitled to an extra 25p a week increase on the basic state pension which has remained unchanged since the Conservatives introduced it in 1971 and is now worth 37 years later a whopping £2.67. Are these guys in government having a laugh or insulting the elderly?
[20] OUT OF HOURS CHAOS: The NHS Alliance says that patients have been put at risk by the changes to out of hours care. The decision to allow GP’s to give up responsibility for evening and weekend cover has left millions unsure where to turn to.
Walk-in centres, minor injury units, urgent care and out of hours centres, hospital A & E departments and the NHS Direct Line service are all plying for a slice of the cake left by the GP’s op-out.
Some patients are failing to obtain timely care as a result of this confusion whilst others are descending on A & E’s adding to the pressure these departments are already under.
The NHS Direct line is over-loading doctors surgeries - when they are open- and A & E’s with non-urgent matters such as high temperatures. The report by the NHS Alliance recommends the return to responsibility being handed back to GP’s, and the creating of a new type of doctor to make house calls and a community specialists consultant.
It would appear that many people are not impressed with the GP contract drawn up by the Government four years ago except the doctors who have evenings, nights and weekends off, or so we are told, unless they choose to take on these services. Personally, the writer has found no difference in the ‘service’ provided by his GP’s practice which continues to be excellent all round, and the ‘after hours’ service not failing so far.
There is often confusing between out-of-hours emergency care and extended surgery opening times for routine appointments. According to recent proposals, his latter scheme was supported by an overwhelming majority of GP’s whereby most surgeris should offer extended opening in the evening or weekends this year. It must be very difficult now for working people out all day at work during the times that surgeries are normally open to see a doctor for non-emergency matters. The surgeries are closed at weekends so when can they see their GP unless the hours are extended.
21: NEW IMMIGRATION EMPLOYMENT RULES ANNOUNCED: For all people employing carers or personal assistants, should be aware of this new announcement. Details of rules controlling the number of skilled migrants working in the UK are due to be revealed. Details of rules controlling the number of skilled migrants from outside the European Economic Area working in the UK are due to be revealed later.
Ministers say the rules would have cut skilled migrants last year from outside the EEA (the EU plus Norway, Iceland and Liechtenstein) by 12%. From the autumn 2008, such migrants will need to accrue the required number of points to enter Britain. Points will be awarded according to qualifications and salary prospects. Non-EEA applicants for jobs in the UK will have to have the correct number of points as well as a job offer from an employer. Employers will also be required to show they cannot recruit skilled resident workers.
[22] EMPLOYMENT LAWS: In April 2008 a new set of employment legislation came into being. Employers have new responsibilities towards employees which includes carers and personal assistants employed by disabled people through schemes such as the Independent Living Fund or by private means.
Legislation which now governs public authorities, treatment of disabled people will have been changed to ensure full compliance and more organisations conform to the legislation.
Accidents or death caused by negligence in the work place, and amended rules on sex discrimination laws will introduce new responsibilities towards employers. Following the amendment of the Sex Discrimination Act 1975 after a European Union Directive and a UK court decision which changed the existing law to take into account the Equal Treatment Directive. The new legislation will wider the legal definition of ‘sexual harassment’ as well as the possibility of employers being liable for the actions of third party in some matters.
The new legislation varies from one part of the country to another so information on the changes will also vary. In England contact The Department for Business, Enterprise & Regulatory Reform on 020 7215 5000 or https://www.berr.gov.uk. In Wales contact the Equality and Human Rights Commission on 0845 604 8810 and in Scotland contact the Equality and Human Rights Commission at Freepost RRLL-GYLB-UJTA, The Optima Building, 58 Robertson Street, Glasgow, G28DU during office hours.
[23] SUFFERANCE IN CARE HOMES: Unbelievably, it is reported that 5000 complaints a month are being made concerning the sufferance and mistreatment of elderly residents in care homes, according to the Government’s Care Home watchdog. Not a month goes by without our office receiving this kind of information which as we have said previously is a national disgrace.
A further 1043 calls have been received by the Commission for Social Care Inspection until the end of March 2008 which mentioned over 500 homes and agencies providing staff. Local Authorities are also receiving calls from families worried about their relatives in care who may be abused. Alarmingly, the calls are 60,000 a year. There are approximately 14,600 care homes in England alone, but it is not known how many of them have been subject to complaints. These unacceptable numbers mean that 1 in 10 of person’s in care are subject to a complaint.
It is to distressing to list the awful treatment alleged to have been dealt out in care homes and yet very few staff or homes appear to be prosecuted. The Commission for Social Care are publishing a guide giving star ratings to care homes to assist families to find the best of care and staff. Is this really the answer? The guide does name 621 homes that were given the worse ratings and 248 nursing homes were named as being ‘unsafe’ or 6%.
Overcrowding, dirty, poor or inadequate medical care, residents suffering declining health, incompetent management and even home operated for the benefit for the staff according to some inspectors reports. 4% of all residential homes in England have been regarded as being ‘unsafe’. In Gloucestershire, 10 such care homes were listed as being ‘unsafe’.
[24] GOVERNMENT INDEPENDENT LIVING STRATEGY: In March 2008, the Independent Living Strategy was published by the Government, following an eighteen months review carried out by the Office for Disability Issues [ODI]. The object of the review was to devise practical proposals to deliver Independent Living and consider any changes in the law. How this may affect the Independent Living Fund, if at all, is not known.
By 2013, disabled people will have more choice and control over how their own needs for support and equipment will be met. In addition, progress must be made to access transport, housing, employment and health. The Government Strategy sets out strong idea’s for the help and support that disabled people require to live out their lives they choose which is to a certain extent already included in existing schemes.
Fear that the above Strategy will have a “limited impact” goes against the voice of the Review’s Expert Panel. No new legislation is proposed which is required to achieve independent living principles, and fails to meet the aspirations of disabled people. Another weakness is that the Strategy does not refer to independent living as being a Human Right’s issue.
There is a guide to the key points of this Government Strategy that may be found at www.officefordisability.gov.uk
[25] FINANCIAL FEARS: There is no way other way to say this but the United Kingdom is about the enter a serious economic crisis along with many other countries. The world financial downturn that started in the USA, the increases in fuel prices which reached $135 a barrel on May 23 2008, will have and is having a financial effect on the cost of fuel, food and everything that travels by road. The Euro has dropped from around 1.49 to 1.29 in the £ in recent weeks, and gas and electricity prices predicted to rise by 40% this winter [2008] making life extremely difficult for pensioners in the UK, and those who reside in the European Union, have lost a considerable amount of their state pension due to the devaluation of the Euro against the pound sterling.
In the UK, the most particularly hard hit will be the elderly, disabled and low income families who are totally reliant on state pensions and benefits for all their income and which has failed to keep up with rising prices in fuel, food and power long before the current crisis. What has the Government done? Nothing to help the elderly or disabled. The statistic's or formula that the Government base pension and benefits is way of out of sink with reality. The Blair Government said that they were going to link pensions and benefits with the cost of salaries/wages and not the cost of living but there is no sign that we can find of this yet happening. Mind you it would not make all that difference, but as Tesco says “every little counts”
Petrol is liable to increase in price further by between 2p and 3p shortly and food prices are going through the roof. Some say a 19 per cent increase. What this all means is that some household bills will increase up to £700 per year. There are threats for even more food, utilities and fuel prices during 2008, household bills by 50 per cent, £1.50 per litre for fuel and food 19 per cent.
Energy bills have risen from 1.33 p for gas to 2.93p a rise of 120% in a year May 2007 to May 2008 and Electricity from 4.21p to 8.48p up 101% with a further 40% due in the autumn of 2008, and at the food stores there has been a total of a horrendous increase of 1056% collectively for semi-skimmed milk, English butter, medium free range eggs and fresh chicken’s.
Everything carried by a vehicle or aircraft, food particularly, will increase in cost due to the ’fuel crisis’. Air Tickets will increase and the time of budget flights appears to be about to come to end. Already airlines are charging per bag, £7.50 for the first luggage bag, £12.50 for the second and £50 for a third. This could also affect charter holiday flights for those who have not yet booked their holiday. Some airlines could well go out of business.
The Government is making a fortune from taxation on fuel and this to is scheduled to increase in the Autumn 2008, whilst oil suppliers are making billions in profits whilst everybody suffers. 57 p per litre goes into the Chancellor’s coffers. Across Europe, tax taken by individual governments amount to the equivalent of 31p in Spain, 45p in Italy, 48p in France and 52p in Germany.
The website www.petrolprice.com shows the cheapest supplier of petrol and diesel in your area. Unleaded petrol has risen from 95.9p to 117.05p and diesel is now 135p a litre in May 2008 in many areas.
Clearly those in receipt of basic state pensions will not be able to cope with these price increase’s, and people will suffer financial problems even more. Please do try to take out loans or use credit cards to help you over this period as at some time they will have to be repaid with added interest. We have no answer as to how people will cope, but take advice from organisations such as the Citizens Advice Bureau whose whereabouts can be found in local telephone lists.
[26] PACK YOUR EURO HEALTH CARD, SAYS MEP: With the holiday season on the horizon, Liz Lynne MP is reminding local people to pack their European Health Insurance Card when travelling throughout the European Union, Switzerland, Iceland, Norway and Liechtenstein. Recent figures show that since fully replacing the old 'E' forms over two years ago, just 30% of Europeans have applied for the new card, despite it cutting down on administration and simplifying access to healthcare on holiday. The new card gives greater confidence and security to travellers. The credit card style pass is a vast improvement on the old E111. It gives far more convenient access to a wider range of treatments should you fall ill on holiday elsewhere in the EU and in Switzerland, Iceland, Norway or Liechtenstein. It is handier to carry than the old forms and speeds up access to services, so it is a must for regular travellers to these other European countries. The European Health Insurance Card is a good example of the EU at its best, extending services getting rid of red tape and bringing down barriers. With easy applications over the internet, by phone or through the post office, which take up to 21 days, there's no excuse to be caught short if emergency treatment is needed but PLEASE remember that the E111 will not necessary pay for all medical treatment and medication. Only emergencies will be dealt with under the E111 card which have occurred whilst in an EU country on vocation. Pre long-standing existing medical problems should be fully insured against such conditions in case of repatriation to the UK by air and any additional treatment or/and medication not covered by the E111.
DISCLAIMER
As indicated within our opening pages on the www.lawandbenefitreview.co.uk. website