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.
September 2008
[edition 28]


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It is with great regret that this September 2008 edition of the Law and Benefit Review will be the last, for the time being at least or until the economic state in the United Kingdom betters itself.  Like all other charitable institutions, we are unable to obtain funding or cover the expenses we have each month to bring the Law and Benefit Review to you, and we expect these ‘cost’s’ to rise again soon.

We make no profits and receive no wages or expenses so every single penny comes from supporters, who find, like us, that they too have hit hard times.  Many small local organisations which were once supported by local authorities have had their financial support stopped this year along with advice centres, help lines, etc.

Our expenses include our webmasters fees, inkjets, paper, organisation and association annual charges and fees and various data base charges, postage, petrol, plus VAT.

We assure you that if, and when, we do find funding, we will be back and in the meantime thanks for all your support and hope that it will not be too long before the next edition of the Law and Benefit review will reappear.

In the meantime, we are not disappearing altogether.  We will continue to operate the ‘beehive’ web-page at https//beehivethisisgloucesterhire.co.uk as a ‘mini’ Law and Benefit Review, so we ask that you to keep your self’s updated with all important issues from this link.  Changes are also expected on the ‘beehive’ site by the webmasters who operate it within the next two to three months which will be apparent as they occur, and of course any news of the return of the Law and Benefit Review will be advised via the ’beehive’.  See you soon.

We have all received many calls from people of pension age,  mainly from France and Spain, saying how pleased they are to receive up to date news from the United Kingdom on state benefits, pensions and associated matters, as it assists many of them who are contemplating returning to the UK to ascertain what they will hopefully receive benefits wise.  We must remind ‘returnees’ that the UK state benefit system has more stricter control’s now, and not to expect immediate payment of any state benefits that they may qualify for, and not already in receipt of outside the UK.  Serious consideration should also be given as to how they will survive financially and in finding a home .  It is far better to apply for benefits before moving back into the UK as you may find you are better off where you are.  Also, the joint arrangements between European Union countries and the UK do not extend to Commonwealth and former Commonwealth countries or elsewhere at this time.

 Appreciative comments have been received from the south island of New Zealand, Hong Kong, South Africa, Holland and Italy all saying that they had nothing like the ‘Law and Benefit Review’ in their own country and looked forward to the LBR appearing each first of the month.  We aim to please and thanks for your interest.

May we remind all readers that all the information, legislation, state benefits, blue badge parking regulations, caring features, etc. that we include in our Law and Benefit Reviews only apply’s in law to England, Wales and on occasions Northern Ireland and Scotland.  When Scotland or Northern Ireland is excluded or included from the changes or new regulations that we include in any article, we will note this in the article.  We do not ever include Southern Ireland matters as frankly we know nothing about their legal system or how the Country operates their state benefit system.  HOWEVER, for general information on the Irish State Benefit and Pensions systems try www.citizensinformation.ie. Or www.askaboutmoney.com.  For State Benefits try www.safehomeireland.com/benefits.htm and State Pensions try www.seniorsnetwork.co.uk/pensions/irishpen.htm

SPECIAL REPORT

[1]

NEW MINIMUM HOLIDAY ENTITLEMENTS
[UP-DATED ARTICLE]

In January 2008, we ran an article on new minimum holiday entitlements for the majority of working people.  These entitlements have now been amended as follows:

As from October 1 2007, new provisions will now apply to all workers covered by the Working Time Regulations, including agency workers, In England, Wales and Scotland.  This is enforced by Working Time [Amendment] Statutory Instrument  2007/2079.

The changes will mean that the earlier four weeks annual leave entitlement should be supplemented by an additional leave period of 1.6 weeks, that will be introduced in two stages:

[a] an additional 0.8 weeks from October 1 2007,

[b] with a further 0.8 weeks from April 2009

The resulting 5.6 weeks will be subject to a maximum of 28 days. This provides five-day workers an entitlement to 28 days paid leave in any one year, but will limit the number of annual leave days for six-day workers to their current 26 days, plus an additional four days only.  These figures are statutory minimum entitlements.

As all paid days of holiday count towards the statutory entitlements, including paid bank holidays, many employers are already providing at least 28 days paid holiday to their five day workers which will be the minimum entitlement from April 2009.  Those people who receive funding from their local authorities should always ensure that they receive the funding they are due to meet their legal obligations to their carers and personal assistants before payment is due. [law file]

ARTICLES

[1] BRITAINS CARE HOMES SHAMEFUL: Whitehall’s care standards watchdog, the Commission for Social Care Inspection, has un-covered a horrifying can of worms that we at ‘Disability Matters’ have been reporting on for months.

To name but a few of the Commission’s findings, they found evidence that  a number of care homes residents were regularly tied down and locked up, strapped to chairs or beds with sheets, residents forced to stay in their beds or chairs, with cushions, stools, tables or bedrails to stop them moving, kept from using the loo except at specific times stipulated by staff, even if they were wet or soiled.

In some circumstances, violence is regularly used on those who or uncooperative or disruptive with some being dragged along by the hair.  In some care homes it was found that staff threatened residents who did not do what they were told with eviction.  Others were refused food for shouting.  Is this really happening in 2008 in the United Kingdom, once the greatest country’s in the world with one third of the worlds countries once marked in pink so show that they were under British rule?  Almost identical happenings as those reported here were being reported elsewhere in Europe in 1944/1945.

We are sure that there must be care homes out there whose owners and staff operate safe and professionally operated care homes where patients are treated as human being's should be treated and who are now cringing at the Commission for Social Care Inspection report.  The urgency of this report is for the Government to deal once and for all with what appears a worsening situation.  Looking back at the 2007 Law and Benefit Review articles where we have reported on the subject of ‘care’ and ‘care homes’, they make’s clear that the Commissions report is nothing new to our readers.

These governmental Commissions findings give a powerful warning that elderly people who live in some care homes are at risk of abuse of some kind or another from often under paid and overworked staff - is this some kind of justification for their alleged actions by the Commission - we hope not?

It would appear that Acts of Parliament such as the Mental Capacity Act 2005 that may be used in the operation of some care homes and which in part deals with the use of restraints and the Human Rights Act 1998, which says that there must be no deprivation of liberty except where set out by lawful procedure and the Health and Safety at Work Act, are apparently being ignored by some owners and staff of care homes.  The Alzheimer’s Society, Help The Aged, Action on Elder Abuse, Council and Care and others have all commented upon the revelations of the Commission.

The hiding of medication/drugs in residents food and drugs was called to be banned by the Commission in 2007, the Alzheimer’s Society said that patients were being left alone for hours and not allowed to get up from chairs, Help the Aged said that “greater clarity and guidance must be give to care staff”, Action on Elder Abuse commented “This is an appalling situation that warrants immediate and urgent action.”  Council and Care said “that there needs to be a delicate balance between elderly peoples rights to take risks and their families and professionals to protect and keep them safe where possible“.  We ask, “What ‘professional’ people would treat their elderly patients in the manner described?”   The use of ‘restraints’ also paid a great part in these organisations comments.

[2] RURAL PENSIONERS MISS OUT ON CASH: More than 250,000 rural pensioners are failing to claim pension credit, an independent watchdog has warned.  The Commission for Rural Communities says 42% of eligible pensioners do not receive the benefit, compared with 35% in urban areas. Take-up for pensioners living in more isolated areas is even worse, with fewer than 50% getting the financial help to which they are entitled.  The government says it is making "every effort" to improve take-up.

Pension credit is a means-tested benefit which guarantees people aged 60 or above a weekly income of £119.05 for a single person and £181.70 for couples.  Pensioners aged 65 or above with extra income may also qualify for extra help on top.  Pension credit is currently paid to about 2.73 million people. However, almost a third of the people who are eligible for the benefit do not claim it.  This figure that has remained fairly constant since the benefit was introduced in 2003, leading to fears the government may miss its target to reach 3.2 million households by 2008.

[3] CARERS ENQUIRY: The Work and Pensions Committee has announced an inquiry to examine the Department for Work and Pensions’ existing approach to carers.  Key areas that are likely to be covered by the inquiry include information and advice awareness, income and Carer’s Allowance, employment strategy and training opportunities and equality, recognition and discrimination. All of these areas have been closely examined during the ongoing review of the National Strategy for Carers and throughout the consultations taking place around the country over the past 8 months.

Carers will have a vital role to play in the coming years. We need to constantly evaluate new evidence and new policies to support carers. We need to find long-term solutions to prevent poor health, poverty and social isolation. Society is changing, yet many of our policies for carers were designed in the 1970s.  An inquiry into the effectiveness of the Department of Works and Pensions approach to carers will be an excellent opportunity to introduce new ideas and devise new solutions, at a time when the revised National Strategy for Carers and the imminent Green Paper on social care are set to deliver real change for carers."

[4] POWER TO INSPECT BLUE BADGES: It is being reported that many holders of a blue badge are concerned with the enforcement of section 94 of the Traffic Management Act 2004 which provides powers to ’enforcement officers’ to inspect blue badges displayed on a stationary vehicle.  It would appear that some disabled drivers are being asked to produce their blue badges for inspection in rather dubious circumstances.

One of the main causes of concern is that some enforcement officers - mainly traffic warden’s - have been stopping moving vehicles displaying a blue badge and demanding to inspect it.  Clearly sub-section 4BC of the  Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles) shown below specifically states that the legislation relates to a “stationary vehicle“ only and therefore any such action as described by enforcement officers is unlawful.  A police constable in uniform may stop a moving vehicle at any time with just or reasonable cause so it could be that a blue badge not belonging to the driver of the vehicle if alone could be questioned as why he/she is in possession of the badge.

There may also be two cases where the driver of a vehicle displaying a ‘suspect’ blue badge whilst the vehicle was stationary  being stopped from driving the vehicle away or leaving the scene by an ‘enforcement officer’.  None of the enforcement officers shown in sub-sections 4BB, 4BC and 4BD below have the power or authority to act in this manner.

Briefly, the blue badge may only be demanded by those referred to in 4BA and 4BB below and in the circumstances described in the accompanying sub ~ sections and in no other circumstances except if theft or fraud are suspected then a police officer should be called by the ‘enforcement officer’.  Police officers have the power to arrest ‘users’ suspected of theft or fraud without warrant and of course seize the ‘suspect’ blue badge.  In such cases section 94 will not apply but the Theft Act will.  The reverent parts of section 21 of the Chronically Sick and Disabled Persons Act 1970, are shown as follows and taken from the official version of the 1970 Act, with particular attention being made to sections 4BA to 4BE.  The other amendments to the 1970 Act are academic in this matter.  

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.

(4BA) Where it appears to a constable or enforcement officer that there is displayed on any motor vehicle a badge purporting to be of a form prescribed under this section, -Blue Badge - he may require any person who—

(a) is in the vehicle, or

(b) appears to have been in, or to be about to get into, the vehicle, to produce the badge for inspection.

(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);
(4BD) A person who without reasonable excuse fails to produce a badge when required to do;
(4BE) shall be guilty of an offence.

There is no current legislation in force that permits, traffic wardens, civil enforcement officers or parking attendants to seize Blue Badges who they suspect 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 theft or fraud or both.  Do not let enforcement officers tell you otherwise.  They cannot by law stop a moving vehicle for the sole purpose of inspecting a blue badge suspected of being used fraudulently used or any other reason contacted to blue badge legislation.

It will be necessary to either amend The Traffic Management Act 2004, instigate a new Bill or a Statutory Instrument permitting traffic wardens, parking attendants and civil enforcement officers to seize blue badges suspected of being used fraudulently and displayed on a stationary vehicle.

There is also the dubious question as to whether any of the enforcement officers referred to in sections 4BB sub-sections [a], [b] and [c] above, have a statutory power to detain [not arrest] a person suspected of using a blue badge displayed on a stationary 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 arrest 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.

[5] TV LICENSING AGENCY: Under the Wireless Telegraphy Act 1967, dealers selling TV equipment to individuals must legally inform the TV Licensing Agency of the sale and also providing full details of the person and an address to whom the equipment has been sold.  Unfortunately, the agency appears to be at a total loss in being able to deal efficiently with the information supplied.  Why, because instead of checking the address provided to see if the ‘address’ has been issued with a TV licence, they write to the individual to whom the equipment has been sold.  If this is the first time purchase of the TV by the person who has purchased it, then there will be no record of him having a TV licence, and from then on in it becomes a nightmare for the purchaser.

Somehow, the TV Licensing Agency cannot appear to be able to ascertain if the address given has a TV licence to issued to it.  The licence is obviously issued in the name of the person to whom applied for it, but once issued, covers all TV sets within that address which does not include ’granny annexes’ or houses divided into apartments for which each apartment and ’granny annex’ must each have their own valid TV licence.

Pensioners and disabled people, and others, who purchase a TV for ‘their own room’ within a family home, have no need to purchase another TV licence.  In order to stop being pestered by the TV agency, if you receive a letter from them asking if you have a TV licence, reply to them informing them of the name of the person to whom the licence has been issued.  This should stop repeated mail shots from them. Under no circumstance purchase an ‘addition’ TV licence if it is not required, one licence is enough.

[6] NEW REGULATIONS OPENS AIR SPACE FOR PERSONS WITH DISABILITIES: On July 25 2008, new EU regulation’s enabling disabled persons and persons with reduced mobility to enjoy equal opportunities to travel by plane will enter into force on 26 July 2008.  The new rules that will give the disabled and the elderly access to air transport comparable to that enjoyed by all other passengers flying to or from, or passing in transit though, airports in the European Union, with no discrimination and at no additional cost.

This much needed legislation, and contribution, to its preparation, adoption, and implementation has taken years to finalise The European Disability Foundation says.  “The entry into force of the regulation is a significant step towards increasing the mobility and the active inclusion of persons with disabilities. Moreover – it is a way of rehabilitation of our dignity. Hitherto we have faced different kinds of humiliating barriers and uncertainties in travel such as the requirement for medical certificate for travelling, the denial of travel because we were travelling as usual alone or with a guide dog, limitation of the number of disabled persons on board and so on, and so on.

“This regulation is a bridge for all these 50 million citizens of Europe and their families, who have been limited in their choices of movement, to the dynamic, mobile world we live in.  All of us should take an advantage of these newly gained rights and ask for them, and address complaints to the airline or airport concerned as well as to the enforcement authorities, when ‘access’ is denied Regulation (EC) No 1107/2006 was adopted by the Parliament and the Council on 5 July 2006.

[7] 30,000 STARVING PATIENTS: Following on from article 21 of the August 2008 Law and Benefit Review, the Minister of Health has admitted that 30,000 NHS patients were left ‘starving’ on NHS wards without proper nutrition.  Some patients were given a single scoop of mash for  a meal.  Other patients, as we have reported before, were left trays of food out of reach whilst nurses were too busy to help with feeding.

Between 2005 and 2007, there was a reported rise of 88 per cent of poor nutrition leading to serious deterioration in patients health.  In 2007, the NHS had reported to them by the National Patients Safety Agency some 29,138 problems relating to elderly patients who were not fed properly, or given the wrong kind of food, causing their health problems to worsen.  In 2007, the Healthcare Commission found that 1 in 5 frail and elderly patients complained that they did not have enough to eat, resulting in a risk of worsening health or becoming malnourish when we were under the impression that we all went into hospital to get well again.  How wrong can we all be?

In 2007, the Government launched a scheme to improve hospital food but what evidence is there to support this claim?  It is essential that NHS patients are fed good, quality and healthy meals in order for them to become well again.  Even in the year of the 60th anniversary of the NHS, the Government have failed to deal with the food problem.

[8] INDEPENDENT LIVING STRATEGY: In July 2006, the Independent Living Review was set up to develop a five-year strategy for independent living.  The aim of the strategy is that:

  • disabled people (including older disabled people) who need support to go about their daily lives will have greater choice and control over how support is provided
  • disabled people (including older disabled people) will have greater access to housing, education, employment, leisure and transport opportunities and to participation in family and community life.

The strategy sets out a five-year plan that seeks to realise the Government's aim that all disabled people (including older disabled people) should be able to live autonomous lives, and to have the same choice, freedom, dignity and control over their lives as non-disabled people. The strategy contributes towards the Government's work to ratify the United Nations Convention on Disability Rights. Read more on the UN Convention on Disability Rights.  It takes a life course approach, from young people in transition to adulthood and including older people.

Independent living is an important part of enabling disabled people to fulfil the roles and responsibilities of citizenship:

[a]  Choice, control and freedom for all disabled people
Independent Living is defined by the Disability Rights Commission as referring to:
“all disabled people having the same choice, control and freedom as any other citizen – at home, at work, and as members of the community. This does not necessarily mean disabled people ‘doing everything for themselves’, but it does mean that any practical assistance people need should be based on their own choices and aspirations”.
The importance of Independent Living spans the full range of life experiences faced by disabled people, from early years and transition to adulthood, through to adult life and employment, extending into old age.

[b] Initiatives to progress the independent living agenda
The Department of Health is working on a number of initiatives, some in conjunction with other government departments, to progress the independent living agenda. These initiatives include:

  • User-led organisations
  • Individual budgets
  • Direct payments

[c] User-led organisations
User-led organisations are local organisations, run and controlled by disabled people with the aim of promoting independent living through their activities.
[d]  Individual budgets
The aim of the individual budgets pilot project is to provide greater choice and control for people needing support, and to place them at the centre of the process.

[e]  Direct payments
The White Paper, ‘Our health, our care, our say’, identified direct payments as one of the main ways to foster independence and enable people to take control of their lives.

[f] Community equipment services
Community equipment services play a vital role in enabling disabled people of all ages to maintain their health and independence, and to prevent inappropriate hospital admissions.

[9] PARKING PROBLEMS?: Have you had problems getting a disabled parking badge?  Applications for disabled parking badges are being turned down without explanation. Have you encountered a problem getting a disabled parking badge? It seems people who genuinely need the badges are being turned down by local councils following pressure from the Department of Transport to review each application more carefully.  One woman who works for a charity that cares for elderly people told me that her local authority is now taking away the disabled badge she uses on behalf of her clients.  She said “We often have to park on yellow lines in emergencies when we are helping out the ambulance services but now we won't be able to and we'll also have to pay for parking, which we can't afford to do. Another elderly woman said she had had her application rejected despite suffering from congestive heart failure, which means that she cannot walk further than 50 yards at a time“.

It could be that councils are reacting to fears of fraud. A recent report by MPs suggested thousands of people are exaggerating their disabilities in order to get a disabled parking badge. According to a recent report, doctors are responsible for wrongly approving these badges, which entitle the users to a parking concession worth up to £5,000 a year, but it seems this could be causing problems for genuine applicants. Have you, or has anyone you know, had a disabled badge revoked or an application turned down without explanation? Or do you know of anyone who has exaggerated their own disability to get a blue badge?

[10] NEW RULES FOR JOB RELATED BENEFITS: The Government are to employ private firms to find Incapacity Benefit [IB] and Income Support [IS] claimants jobs, for which the ‘firms‘ are to be paid a bonus.  This is being billed as the biggest overhaul of the welfare system for a generation.  2.04 million Incapacity Benefit claimants will be affected by these overhauls, to see if they can work.

On Monday June 21 2008, the Works and Pensions Secretary will announce a raft of proposals, which will include major changes to welfare.  The proposals named “Work for Dole” will require long-term claimants to carry out manual tasks in the community such as sweeping parks or clean graffiti from walls. 

In 2013, both IB and IS will be abolished and replaced by a new Employment and Support Allowance [ESA] which will be used to weed out claimants who are fit to work.  Both private companies and Voluntary Groups will take over the task of finding jobs for which they will be paid a ‘bounty’.  Joblessness is on the rise in the UK, which attracts claimants onto the Income Support benefit, plus housing benefits and nil rated council tax payments.

The new proposals appear to be somewhat ’weak’ at first, with unemployed claimants of a year or more, only having to carry out one months community work in a single year, but after two years they will have to find full time work.  The rates of pay for a 35 hour week to earn £60.50 Job Seekers Allowance payment works out at £1.70 an hour and the Government hope that this will encourage claimants to find themselves a proper full time job.

[11] EMPLOYING NON-UNITED KINGDOM WORKERS: We have covered this subject already this year which created a lot of interest, and to put no finer point on it, opened cans of worms.

The rules were introduced in February 2008, imposing heavy fines on employers who do not carry out checks to ensure that their employees are entitled to work in the UK.  All European Union workers are entitled to work legally within the United Kingdom, so long as their are in possession of genuine documentation issued by the Department of Immigration, but be-aware.  Fraudulent and stolen documents are being used by some EU workers to unlawfully seek employment in caring, NHS hospital work, and even in UK government offices in Whitehall.  The forged documents can easily mistaken for the genuine article so take care.  If you have doubts, then do not employ the person but contact the police, as it is now an offence of negligently employing a person without legal entitlement to work in the United Kingdom, with a maximum fine of £10,000 per employee.  Several nursing homes have already been raided by the police and immigration authorities, and in one case 50 per cent of the staff were employed without genuine work permits and other documentation.  REMEMBER: If in doubt, DO NOT EMPLOY.

[12] DISABILITY EQUALITY DUTY: This new body took over from the Disability Rights Commission in the last 12 months.  45,000 public bodies across Great Britain are covered by the Disability Equality Duty (DED), which came into force in December 2006. The DED is meant to ensure that all public bodies - such as central or local government, schools, health trusts or emergency services – pay ’due regard‘ to the promotion of equality for disabled people in every area of their work.

The Disability Rights Commission (DRC) produced a range of information on the duty, some of which is available to download here. The DRC closed at the end of September 2007, and was replaced in October 2007 by the Equality and Human Rights Commission. You can find more information on the duty and the work of the new Commission at: www.equalityhumanrights.com

For introductory information, including the Code of Practice, and guidance on key elements of the duty, such as involving disabled people and impact assessments, see below. The sectoral guidance page contains information written for public bodies across the different sectors. The putting the duty into practice page contains reports and assessments by the DRC on how the public sector had responded to the duty before the end of September 2007.

[13] INFORMATION ACT COULD BE WIDENED: Freedom of information laws could be extended to cover housing associations, private finance projects and private prisons in Scotland, it has emerged.  Scottish ministers are assessing the possibility of extending the scope of the Freedom of Information Act, which sets the limits of public access.  A final decision would be subject to formal consultation.  The 2005 Act has the aim of increasing accountability. It is enforced by the Information Commissioner, Kevin Dunion.  Possible additions to the act would include registered social landlords, contractors who provide public services and bodies set up by local authorities.

[14] CARERS’ RESPITE LEAVE TO DOUBLE: The government plans to double the amount of respite care for people .  The announcement, expected later today, is part of a 10-year drive to improve the lives of the UK's 6m carers.  According to the Department of Health an extra £150m will double the amount of respite time available over 2 years, but charities are disappointed that improvements to carers' benefits across the UK have not yet been finalised.  It is almost 10 years since the Government's first Carers` Strategy introduced annual grants for local councils to provide support for carers.

The announcement of a new vision for the next 10 years is - according to the Health Minister, Ivan Lewis - supposed to reflect the changing needs of our times.  "In a society where an increasing number of us are caring for ageing parents or sick and disabled relatives, it is right that we recognise carers are at the heart of 21st century families and communities," he continued - "In the next decade elder care will be the new childcare and it is essential our policies properly meet the scale of the challenge. 

Enhancing support : "Thousands of carers, irrespective of their roles or postcode, have told us they want a support system that is on their side, rather than a constant struggle and the right to a life of their own alongside their caring responsibilities."

According to the Department of Health the new strategy will also include £6 million to support professionals to ensure no child has their childhood stolen through taking on inappropriate caring responsibilities. And £38m will help carers who want to combine a job with their caring role.  A further £61m will be aimed at enhancing support to voluntary organisations and ensuring NHS and Social Care professionals focus on the specific emotional and health needs of carers; for example, there will be pilot schemes to look at ways of providing annual health checks for carers . Carers' charities are pleased the government is tackling many of the challenges brought on by our ageing population , but one remains unresolved: carers' allowance at £50 a week is the lowest benefit of its kind in the UK.  Many carers of working age have to give up paid jobs and many already retired have just small incomes.  Carers UK  have said that “There is a need to radically overhaul benefits for carers . The system is no longer fit for purpose."  Ministers say they want to improve carers` incomes, but any benefits reform has not yet been finalised. Until it is, many carers will give these plans only a cautious welcome.

[15] POWER SUPPLIERS URGED TO PROVIDE £50 DEBATE: Age Concern and Help the Aged have speared headed a plan to ask power suppliers to give elderly and vulnerable customers £50 rebate which may added to their Winter Fuel Payment by way of a voucher.

If suppliers really do care about their most vulnerable customers then they should forces to maximise the help available to ‘fuel poor’ pensioners during the winter of 2008.  Is this another one-off like the Chancellors £50 one-off additional payment for the winter of 2008/2009?  £50 is nothing to the shareholders of the power companies, but worth every-penny to the elderly and disabled struggling to pay their Winter Fuel Bills.

Energy bills are threatened to rise a further 40 per cent this winter on top of the increases already announced, and already the main power firms are being accused of ‘rigging’ the market which is being investigated by members of the Business and Enterprise Committee in the House of Commons.

[16] OVERCROWDING GOES WITH HIGH RATES OF MRSA: Overcrowding is NHS hospitals is creating a ‘vicious circle’ of super-bug infections according to the Australian Queensland University and the regulatory body ’Monitor’.

Seven out of ten wards and 40 per cent of trusts will breach the Governments target of both exceeding bed occupancy targets and halving infection rate and this is placing patients at a increased risk of contracting MRSA according to a report in The Lancet Infectious Diseases medical journal.  Infected patients are force to remain in hospital longer, creating ‘bed-blocking’ and makes them more liable to suffer from other hospital infections.

Under staffing in hospitals, higher workloads, unsatisfactory cleaning standards, insufficient isolation facilities, nurses and doctors having difficulties in complying with hygiene rules [what rubbish], breaches of the Government targets and over-crowding are all adding to the spread of MRSA and C/Diff.

When will the Government, Chief Executives, Matrons, Infection Control Officers wake up to the problem which is affecting an increasing number of elderly people and those suffering from low immune systems?  We are not talking rocket science here, just cleanliness using the correct cleaning agents, clean clothes, regular cleaning of wards, rooms, clinics, theatres and A & E units.  Cleaning staff must be fully trained, and able to speak an acceptable standard of English, and know what they are supposed to do on the wards, clinic, A & E, etc.  An increase in toileting facilities is also required.  One toilet to be shared by 30 male patients as can be found in Gloucestershire is not on.  It is not all the hospital’s cleaning faults, patients must also look towards their own personal hygiene in bathrooms, toilets and around the bed space.

Bed occupancy of 85 pr cent at any one time contributes to infection rates whilst occupancy of 65 per cent is ideal and provides an excellent positive record on hospital acquired infection as for instance the Dutch has proved.  How much longer is the matter of so-called super-bugs in the UK going to continue?  We could write all day on this never-ending subject, and try to restrict comments to what the media reveals.

[17] PAY TO USE AN AIRPORT TROLLEY?: Luton airport which is now owned by the Spanish company THI have introduced from August 2008, an across the board charge of £1.00 to use airport trolleys to covey luggage around the airport.  THI appear not to be aware of the Disability Discrimination Act 1995, but they do now, as we have written to them, the Air Transport Users Council to see what they have to say.  Sadly, we can anticipated the answer as being that it is not discrimination as everybody is being charged the £1 fee, but this may clash with the experiences of the gentleman who sued RyanAir for charging him to use a wheelchair.  At the time of writing, the full facts of this case heard at Marylebone County Court in London cannot be recalled, but rest assured they will be so, that they can be compared with the £1 charges at London/Luton airport.

Users of the scheme will not receive a refund of the £1 coin when they have finished with the trolley like some supermarkets who operate such schemes do, and indeed airports inside and outside the European Union coins can be retrieved by connecting one trolley with another.  The Air Transport Users Council, the UK Watchdog has attacked the charge saying that elderly people could injury their selves if they do not wish to pay.  The same must apply surer to disabled people to.

£10 per head on short-haul flights and £40 plus on long haul flights passenger duty, increasing airport car parking charges, charges for luggage on budget airlines, increasing with the number of items taken onto the aircraft, charging for food and drink and fuel surcharges are all adding to the cost of flying and holidays.  We will bring the result of our enquiries to you in due course, but do not hold your breath.

[18] BIG BROTHER WATCHES BLUE BADGE USERS: The Regulation of Investigatory Powers Act 2000 provides power to 474 local authorities, councils, government agencies and the police with the right to carry out covert spying techniques covering such areas as crime, dog fouling to petrol hording.  The 2000 Act is really anti-terrorism law, but local authorities are using the Act for somewhat minor fractions other than terrorism.

At least one Borough, the Kensington & Chelsea council in West London, have used the Act, and the powers contained therein, to ‘spy’ on a resident suspected of the misuse of a disabled parking badge.  In the North of England, both local police and councils are similarly using the 2000 Act to detect similar uses of the blue badge through monitoring telephone calls and e-mails of people suspected of fraud and misuse of the blue badge.  No result has so far been published as to the result of this dubious covert action’s,  but it is hoped that those who are caught misusing, fraudulently, and using stolen blue badges will feel the consequences.

Many organisations, associations, business's and industry are protesting against the use of ‘antiterrorism’ law being used for which are in reality civil law matters.

[19] ELDERLY NO LONGER BARRED: The elderly will no longer be barred from NHS treatment, holding credit cards, or possessing travel insurance under plans to make ‘ageism’ as unacceptable as ‘racism’.  The Equalities Minister, Harriet Harman will during week commencing June 23 2008, unveil proposals to outlaw age discrimination in the provision of all goods and services - shades of the Disability Discrimination Act 1995.  This follows complaints from O.A.P’s that they are being patronised by doctors, or denied insurance or mortgages, even if they are fit enough to work after their retirement.  The Equality Bill will also have a part to play in such issues when it is passed.

[20] EUROPEAN PENSIONERS ARE FEELING THE PINCH: Following the de-valuation of the Euro against the pound, former UK pensioner citizens who have moved to a EU country have been hit hard by the huge reductions in their UK pensions.  In fairness, many O.A.P.’s who suffered from problems like arthritis in the UK, moved to a better climate and the ‘sun’ for the benefit of their health.

UK state pensions are now worth between £50 and £80 per month since the exchange rate dropped earlier this year.  Pensioners received 750 Euro’s before the drop and now receive 670 Euro’s with food, petrol, wine, inflation, etc. all increasing in price and property values and sales falling alarmingly.  Food prices have leapt 60 Euros from between 40 & 50 Euros per shop.

Likewise, travellers on vocation are finding that Spain, Greece, Italy, France are no longer ‘cheap’.  Air fares are beginning to rocket, budget airlines charge for everything from the amount of luggage taken on board the aircraft, drinks, foods, government tax like all airlines, and now payment to use luggage trolleys, and when you arrive car hire is more expensive, so is fuel, food, wine, hotel prices, etc.  Always check with holiday package holidays what is exactly included in the deal so that you do not receive a horrible shock when you arrive or leave. The current rate of the euro as at August 14  against the pound is 1.27 to £1.00 a full of about 23 cents.

[21] GOVERNMENT PROMISES ON HEALTH: The Department of Health have assured the ‘Disability Matters’ and the ‘Law and Benefit’ Group that all patients have a right to clean and safe care wherever and whenever they are treated by the NHS.  In January 2008, the D of H published ‘Clean, safe care: Reducing infections and saving lives, which sets out the range of actions being taken in England to ensure progress continues to be made in tackling and improving cleanliness.  This document may be viewed on-line at www.dh.gov.uk and entering ‘clean safe care’ in the search bar.

The list of recent initiatives that are covered in ‘Clean, safe care’ include screening for MRSA, a new regulator empowered to fine poor performers, 5000 matrons with increased power to tackle infection, a new bare-below-the elbow dress code, etc. Data on healthcare associated infection rates are published on the Health

Protection Agency website www.hpa.org.uk which shows data, the agency says, of the significant reductions for both MRSA and Clostridium difficile infections.  We have viewed these so-called “significant reductions” and have found a considerable difference in cases of both MRSA and C.diff than that published by outside agencies, professors, hospital doctors and the like.  It is a fact, that causes of death involving MRSA or C/diff are often left off the death certificate, and another cause which the patients have suffered from shown as the cause of death.

Thats all folks, hopefully we will be back soon.