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LAW AND BENEFIT REVIEW[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
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2009 2008 2007 2006 |
WE ARE BACK With grateful thanks to our new source of funding, we have managed by the skin of our teeth to recover from what was looking like nightmare, and without a break in editions of the Law and Benefit Review. The website http://www.lawandbenefitreview.co.uk/ is our official website name or just by entering LAW AND BENEFIT REVIEW into your search box will bring you that the latest and former editions of this popular monthly collection of articles and information aimed at the elderly and disabled. We would like to thank all of you that have emailed us saying how disappointed they were that the Law and Benefit Review was to temporary end - again, as well as sending their support. Well, as you can see, we have managed at the last minutes to recover - yet again. The second website we were operating which has become known as the ‘beehive’ at http://www.beehivethisisgloucestershire.co.uk will stop operating on October 18 2008 due to the webmaster there closing down. We have already completely abandoned the second website, and would like to thank the owners of the ‘beehive’ website for all their help and assistance over the last eighteen month. We will from now onwards only concentrate on the Law and Benefit Review. For the next twelve months we are hopefully safe funding wise. We have revamped the Law and Benefit site due to the available space, but nevertheless we will continue to bring to you as much as we can about all the issues affecting the elderly and disabled. We hope you will continue to enjoy our efforts. COUNCIL CUTS BLAMED FOR OVER 60’s BUS SCHEME More than 30 local authorities in England say they are having to make cuts to cover the cost of providing free bus passes to the over-60s. They say a scheme allowing pensioners to travel anywhere in the country was to blame for budget shortfalls. A government grant of £212m was made but councils have told BBC Radio 5 Live this was not enough. The Department for Transport said the funding allocation policy was agreed with town hall officials. Free off-peak bus travel for over-60s and disabled travellers provided by local authorities in England was extended in April to cover travel anywhere in England using a single pass. Wales, Scotland and Northern Ireland already offered free travel schemes, but until April bus passes in England were only valid for people who lived in the local area. A Department for Transport spokesperson said: "We are now spending around £1 bn on concessionary travel each year, including an extra £212m to cover the extension introduced in April. "This new funding is allocated based on a formula that local authorities requested and takes into account people who travel to popular tourist towns and coastal areas." THE INDEPENDENT LIVING BILL This long effort by Lord Ashley and supporters appears to have been running for ever. The proposed Bill, The Independent Living Bill, when and if approved and enacted following Royal Ascent would: The Bill would also guarantee genuine support options – how support or resources are received/used and where to live for example. Formally ensure all care providers are covered by the Human Rights Act (closing the current legal loophole). Facilitate greater accessible housing, including by ensuring local housing authorities use disability housing services to ensure disabled people can access properties which match needs; emphasising supporting people in the community; strengthening planning for the future housing needs of all local citizens; and making Lifetime Homes Standards mandatory. This Bill offers the opportunity to change the way social care works and to begin to move to a more equal, inclusive, fair and just society. Why this Bill is taking so long to pass through the Parliamentary process we cannot exactly ascertain, but thanks to Lord Ashley and his supporters the matter will not be abandoned. FRAUD AND SCAMS Fraudsters are sending out high volumes of emails supposedly sent from banks, building societies, credit card companies, etc. offering all kinds of offers, but most particularly requesting confirmation f your personally or asking for personal details. Daily we receive at least a third of our emails that are ‘fraudulent’ from allegedly banks, building societies, etc. These and other such enquiries should be totally ignored and deleted from your computer as ‘scam’ Please be aware that although these fraudulent emails may contain what appears genuine logo’s and other details, they are fake and you should never respond to an email which asks for personal information. Whilst banks, credit card companies and building societies, etc. may send you emails from time to time, they would never do so requesting login, bank and credit cards details. If you suspect you have received a fraudulent email please do not follow any links within the email, disclose any details or respond to it. If you suspect that the email is ‘fraudulent’ then report it to the genuine bank, credit card, etc. that you have an account with, and perhaps sending them a copy of same. Along the same lines, we all receive emails from abroad from people requesting some kind of financial help or seeking help with banking large amounts of money in an English bank. Again, do not open them but delete them as spam’. Even with filters and support from internet providers, these types of email continue to sneak through. Points to look for: To make sure you can recognise a fraudulent email if you receive one, the following list of key to look out for are: The padlock - when you log on to official website, are always in a 'secure session' - a closed padlock rather than an open one, is shown by the gold coloured padlock in the bottom right hand corner of your web browser. It is always advisable to check the padlock each and every time you log on to your bank or building society official website, and of course if it is ‘open’ log off immediately, log off, and inform the bank, etc. Your name - fraudulent emails are not normally addressed to you personally, they can be missing addressee details or contain something vague such as 'Dear valued customer'. Embedded links - the email may include a link that you are asked to follow to take you to a website. Following the link takes you to a site that may look genuine, but it is most probably a fake. In the email, if you hover your mouse pointer over the link it will show the real address you will be directed to. If you think you have been scammed or if you have good cause to suspect that your personal details have been stolen or efforts are being made to obtain your personal details by fraudsters either by email or on the Internet, you should report the incident to your Internet Service Provider (ISP), and your genuine bank, credit card, etc, for the information and advice. They are in a position to close down sites that are found to be bogus. AIRBAG FOR THE ELDERLY A Japanese company says it has made an airbag designed to stop elderly people injuring themselves by falling over. The device is strapped around the body and inflates in 0.1 seconds if it detects it is accelerating towards the ground, the manufacturers say. If your saw a picture of this contraption you would run a mile. The Tokyo-based company, Prop, says the product is designed to cushion a fall using two separate pockets of air. One pocket will be behind the head and the other around the hips. It does not protect those who fall forward. The airbag has been unveiled at the International Home Care and Rehabilitation Exhibition in Tokyo. The president of Prop, Mitsuya Uchida, says it is aimed especially at old people with epilepsy, who are very vulnerable to injury. Japan has a large elderly population with nearly 30 million people over the age of 65. There is a huge market for products to protect and assist them. The UK elderly suffer enormously from ‘falls’ either due to mobility problems or uneven surfaces and pavements. The falls cause injury’s to hips, knees, arms, etc. and consequently operations which often result in long-term stays in hospital and extended rest periods. Who is going to be first to wear a ‘airbag’, if you saw one you would not be the first - or the last ? MINIMUM WAGE BOOST More than one million workers will benefit from a rise in the minimum wage from Wednesday September 30 2008. The increase from £5.52 to £5.73 an hour will help reduce the gap in pay between men and women, the Trade Union Congress said. The minimum wage has increased by 59% since legislation was introduced in 1998, compared to a 44% rise in average pay over the same period. Carers and many Personal Assistants somehow survive on the minimum wage so what will an increase of 21 pence per hour add to their lives? SETBACK IN UK RETIREMENT AGE BATTLE A challenge to the right of employers to make people retire at 65 has been rejected by a European court adviser. An Advocate-general, a enior legal adviser to the European Court of Justice, backed current UK rules - although the decision is not binding. Age Concern is Challenging UK laws, which since 2006 have allowed employers to compel workers to retire at 65. Some 260 people in Britain have cases at employment tribunals which depend on the European court's ultimate decision. Many believe they have been unfairly treated and are worse off because they had to retire at 65. Campaigners, who believe that setting an age limit is discriminatory, stressed that the case would run for some time. The Advocate-General's view could influence the judges who are expected to give their ruling in the case just before Christmas, but it is not binding. So what is the point of all this? PENSIONERS ARE BUILDING UP DEBTS AS THE COST OF LIVING RISES In a survey, Age Concern said that one in 12 pensioners had built up debts due to the rising cost of day-to-day spending. The report by Age Concern claimed that almost half of older people were cutting back on essentials such as food and heating because of rising living costs. The charity says that five years after from the introduction of Pension Credit, nearly a third of people who were eligible for the benefit were not receiving it - with £2.8 bn going unclaimed. Pensioners find the application forms complicated and some believe there is a stigma attached to claiming the credit while others do not realise they are entitled to the money, the charity said. Those missing out would be £1,477 a year better off on average if they took up what they were entitled to, Age Concern said. It found that Pension Credit made a noticeable difference to those who claimed it and the charity is calling for a system of automated payments so nobody misses out. CONCERNS OVER EMERGENCY NHS CARE Serious concerns have been raised about the state of England's emergency care services by an NHS watchdog. The Healthcare Commission fond 40% of areas were not good enough after looking at A&E, out-of-hours GP, NHS Direct, walk-in and ambulance care. The report said changes to services had left patients facing delays and confused about where to go for help. Critics said the report raised fears over the reform of the NHS, but the government said care would improve. In recent years, ministers have been overseeing a radical reshaping of emergency care. Hospitals have been encouraged to become centres of excellence by concentrating on the most specialist aspects of care. COMING TO BRITAIN SOON - THE AUSTRALIAN FLUE VIRUS A flu virus more deadly than any seen in two decades is threatening Britain, and it has already killed hundreds. The strain originates from Australia. The flu virus - called Brisbane H3N2 - is so virulent that health chiefs have had to change the make-up of flu vaccines to deal with it. It affects three times the number of victims hit by other strains, with many deaths resulting from pneumonia. There is little doubt that elderly people, vulnerable and those with low immune systems are more at risk. It can tear through an old folk's home and cause a lot of harm. The last major outbreak in England and Wales came in 1989-90, when 23,046 people died, compared with a easonal average of around 4,000. The elderly are those most at risk because they have weaker immune systems. In a serious and evere epidemic, thousands will be ill and many will die. It is important to comply with health authorities recommendation for seasonal flu vaccination. Influenza comes on suddenly and is characterised by fever, tiredness, dry cough, sore throat, nasal congestion and an aching body. Many victims fail to seek remedies, spreading the disease further. In Britain, flu vaccination is offered to everyone over 65, and now is the time to make an appointment with your GP to have a flu jab. Many carers and personal assistants of the elderly or disabled and those with a range of conditions including asthma, heart disease and diabetes and low immune systems should also ask to receive th flu jab. Residents of care homes are also offered the vaccine because virus would spread very quickly among them. Health workers are routinely vaccinated because of the dangers of them passing flu on to vulnerable patients. Doctors surgeries should be avoided as much as possible. DISABLED WOMAN DENIED THE RIGHT TO FLY New June 26 2008 European Union Directives have prevented a disabled woman from flying because the airline - Monarch Airlines - say that she must be accompanied by a carers, but the Equality and Human Rights Commission [EHRC] has said that was ludicrous; the regulations were put in place to protect disabled people and, ultimately, give them the right to travel. Monarch added that the issue was in health and safety, but could not provide her with evidence of their guidelines. The level of assistance that the disabled lady would be requesting would indicate that she is unable to fulfil the criteria, and leave her seat to reach an emergency exit or toilet unaided. In light of this she was advised that she would be required to travel with a carer. The new legislation, introduced on 26 June, states that, in most cases, anyone unable to fasten their seatbelt, leave their seat and reach an emergency exit unaided should be accompanied. This is also the same for passengers who need help with breathing, feeding, using the toilet, or taking medication. A spokeswoman for the EHRC said: “There are regulations that say an airline can refuse passengers on safety grounds, but nowhere does it actually say what those grounds are, and consequently it leaves a lot of room for discretion. This case is one that should be seriously considered by disabled people suffering from identical or possibly similar disabilities as the lady concerned before booking a flight. One might imagine that if one airline has adopted this way of thinking then perhaps others are too. There could well be merit in the thinking of Monarch Airlines as the lady concerned could not apparently leave her seat without assistance. Think about it? the cabin staff would normally be engaged in cases of emergency, in opening doors, operating escape chutes, and assisting passengers off the aircraft which part of their duties and training, and therefore possibly be unable to assist disabled or any passenger in such cases. So who can help? A carer or travelling partner for sure, and perhaps other passengers, but it is a difficult to see what help disabled passengers could receive in the confined space within an aircraft with other passengers rushing to exit it. As aircraft passengers increase, numbers can now range between 150 to 850 per aircraft. The narrowness of the isles, doors and seat spacing alone would present difficulties in themselves would they not? Mobility aids such as walking sticks are taking away from disabled passengers for safety reasons, and stored in overhead lockers often away from the seat occupied by the disabled passenger so these would have to be located to start with. Individual seat arms would have to be placed in an up-right position whilst other passengers in the isle were stopped in an effort to assist the disabled passenger. All very concerning. Disabled passengers are not permitted to be seated next to emergency exits, but near to the front of the aircraft where at least two emergency exits are located and where passengers normally board, so there would be a ‘concentration’ of passengers trying to escape from a crashed, burning, broken aircraft at this point. Until this article was brought to our notice, the writer who is disabled and requires assistance entering and exiting an aircraft via an outside lift, has never really thought of what would happen in a case of emergency. It would be totally impossible to escape via a chute due to his medical condition in normal conditions, but supposedly, if needs must, one would. NORTHERN IRELAND TO SCRAP PRESCRIPTION CHARGES Plans to abolish prescription charges in Northern Ireland have been announced by NI Health Minister Michael McGimpsey. The cost of a prescription in NI will be reduced to £3 per prescription in January 2009 and will be free of charge by April 2010. The charges were abolished in Wales on 1 April 2007 and are due to be abolished in Scotland. This leaves England as the only country in the UK to retain the charges. Mr McGimpsey said prepayment certificates would come down in price, from £35.85 to £9 for four months and from £98.70 to £25 for 12 months until prescriptions are free. Is the UK central Government financially supporting Scotland‘s, Wales and Northern Ireland’s ‘free’ prescription policies? and why isn’t England introducing ‘free’ medication for all? PATHFINDERS Medication Therapy Management Program and Services (MTM) represents an important milestone for pharmacists and their delivery of therapy-focused consultative services. Now that MTM is a required component of the Medicare prescription program, there are new opportunities for independent pharmacists to offer this service to their patients. PMR Smart is a web-based personal medical record that your patients can access wherever they go. Patient records are maintained on a secure server and can be accessed from medical offices, emergency rooms, hospitals – anywhere in the world on a machine with a broadband connection. Enough of the technical details. What this means, ‘Pathfinders’ that is, is a UK NHS patients scheme for those on state benefits and/or pensions who receive repetitive medication each week, each month, or a minimum of a six month period, may order their medication, subject to their GP’s approval, through their regular pharmacist, via. the ‘Pathfinders’ scheme. Each month, on a specific date, the pharmacists will prepare a monthly supply of medication automatically which has been prescribed by the GP for collection by their patient at the pharmacist’s premises. This obviously stops repeated requests for medication by the patient travelling to and from their doctors practice or ordering via the internet, and then collecting same from the pharmacists. In other words, one trip a month to the pharmacy, will supply NHS patients on state benefits/pensions with all the medication for that period up to six months that they require when the ‘Pathfinder’ scheme and medication will be re-assessed. To enter ‘Pathfinders’, speak to your pharmacist’s to ascertain that e/she offers this service, the majority of UK pharmacists do, and hen speak to your GP to approve your application. Then, each month, on a specific date, collect the medication. What could be easier? GREEN PAPER The government is currently considering how it will provide and pay for care and support services in the future for families and individuals who are disabled, elderly or vulnerably, and they are calling for members of the public to give their views on what should be done and who should benefit and how they should benefit. In 20 years' time a quarter of the population will be over 65, and the over-85 population will have doubled. Projections show that in the year 2027 there will be an estimated £6bn gap in funding required for all social care, it is expected this gap will continue to increase year on year. In addition, the cost of disability benefits is projected to increase by 50% and they expect over 1.7 million more people to have a need for care and support in 10 years time. No date as yet has been fixed for the issue of the Green Parliament. UNITED KINGDOM PENSION SHAKE-UP Who is going to pay for the retirement of future generations? Most European countries face the same difficulty, amid ageing populations and low birth rates. The UK is going through the biggest pension shake-up in 50 years. In response to rising life expectancy and falling levels of pension saving, the Labour government has overhauled the state pension system. As a result, the age at which Britons can claim the state pension will rise gradually from 65 to 68 over the next three decades. in return for a delayed state pension, payments will be increased in line with average earnings rather than inflation. Generally earnings rise faster than prices, so, in effect, the UK state pension will become more generous. In an attempt to improve the state pension prospects of women - who often take time out of work to look after children - the number of years of National Insurance Contributions (NICS) it takes to earn a full state pension will be cut from 44 to 30. This will mean millions more people, mainly women, will be entitled to a full state pension. The government has also tried to tackle the issue of vanishing workplace pension provision, as firms move to cut staff pensions. There has been a surprising degree of agreement over the UK government's plans for pensions. Opposition parties have agreed with the broad thrust of the reforms. The Conservatives are happy that the reforms will not cost much extra cash; mainly because of the later state pension age. The Liberal Democrats have welcomed the focus on women's' pensions. Meanwhile, the unions have been brought on board, as lucrative public sector pensions schemes in local and central government have been largely ring-fenced. They are also pleased that employers will be compelled to contribute into their employers' Personal Accounts scheme once it is up and running. But the pension settlement merely aims to hold things as they are. The UK still has an ageing population and it will become difficult to pay for pensions and long-term care for the elderly. The current high levels of immigration may prove a saving grace, however. An influx of young people will address the balance between the number of workers and the retired. Ultimately, this could prove a more important development than the present round of pension reforms. SCOOTER/WHEELCHAIR INSURANCE The police and local authorities are concerned that the owners/riders of powered wheelchairs and scooters using them on an adopted public road are not legally obliged to insure themselves or their choice of mobility against third party claims at the very least. In recent months, several sever injuries as well as damage to shop fronts have been caused to pedestrians and riders by powered scooters, and one fatality has also been recorded, when an elderly pensioner was ’run-down’ by a wheelchair rider who failed to stop after the accident, and so far has not been traced. The DVLA is also pursuing the question of insurance since those scooters capable of travelling in excess of 8 mph have been required to be registered with them. The new Highway code also recommends the need for insurance, but so far it has not been made compulsory. House insurance companies will insure powered scooters and wheelchairs, often adding the cover to the household insurance policy, and other insurance agents who provide insurance cover will also provide such cover. The owners of property, and individuals, are entitled to claim for ‘damage’ or ‘injury’ caused by a powered scooter or wheelchair which could be claimed directly against the rider or owner of the scooter or wheelchair. NEW STRATEGY FOR CARERS Six million carers will benefit from a ten-year plan to provide more support. Both carers currently in such employment, and future carers will benefit from this new strategy. Two main areas are to benefit. One, more funding will be provided for carers short-breks, and to help people who combine work with caring or are looking for employment after a spell of caring and looking after somebody. Some £150 million of new money will be made available for respite care plus a further £38 million to support ex-carers who wish to return to work. As we all know, the Carers Allowance [CA] stops when the carer receives their state pension, and this is to be reviewed by the Government in 2011. Obviously these new announcements are seen as a long-term approach to caring and carers, but why wait to 2011 for the Government review? Friends, relatives, partners, wives and husbands are often required to give up their full time employment to look after those in need of care causing a dramatic drop in salary, lifestyle, change of circumstances, and often the sale of a home due to the drop in income. The CA does not go anywhere near the amount of money required for the carer to remain solvent, and then stop the CA when the care reaches state pension age is totally unacceptable. With increases in utility prices, fuel, food, etc. any help that can be afforded to carers, particularly increased benefits or funding I am sure will be very welcome. SCOTTISH DISABLED PARKING BAYS The Scottish Parliament is to consider a Bill that proposes local council’s to be empowered to enforce parking on disabled parking bays under their control. Currently, confusion reins as some disabled parking bays are subject to enforcement whilst others are operating a voluntary code. The bill proposes a penalty for parking in a disabled bay that has ’enforcement’ affixed to it without a blue badge displayed will be £30.00. This enforcement will require the authority concerned to work with private companies to extend the rules to include all blue bays in shopping centres and out-of-town car parks. This confusing state of affairs is hoped to be changed when the new ill becoming law, as it would clarify these changes, and lead to a uniformed enforcement of all disabled parking bays in private car parks, and those areas controlled by local authorities. The owners of private car parks, which it is assumed to be supermarkets, super stores, stores, etc. will have to work alongside local authorities to unify the enforcement of all disabled parking bays. It is proposed that this Bill will be looked at this year. LIVING MADE EASY The Office for Disability Issues [ODI] has published five handy fact-sheets offering advice and information on making communal areas of residential buildings, such as stairways, hallways and gardens, more accessible. With many disabled people finding it difficult to get alterations made to these parts of buildings, the fact-sheets highlight issues that landlords and tenants in England and Wales need to consider when requests for alterations are made. The following guidelines will help landlords and tenants ensure communal areas are accessible. Some disabled people find it difficult to make alterations to the common parts of rented or let accommodation to ensure they are accessible. The Minister for Disabled People made a commitment to publish guidance on making alterations to the common parts of let residential premises and of residential common-holds. This guidance, ‘Overcoming Barriers to Access in the Common Parts of Let Residential Premises in England and Wales’, highlights the sort of questions that landlords and tenants need to consider when requests for these types of alterations are made. The facts-sheets give a brief overview of disability legislation in relation to premises and signpost both landlords and tenants to further information and help that may be useful in these circumstances and they my be obtained by email at office-for-disability-issues@dwp.gsi.gov.uk . or you can write to the following address: Office for Disability Issues, The Adelphi, 1-11 John Adam Street, London, WC2N 6HT [4918] MILLION MORE HOMES IN FUEL POVERTY Government attempts to tackle rising energy bills were accused of being in "meltdown" as the latest figures showed a million more households slipped into fuel poverty in 2006. The number of households suffering fuel poverty in England rose from 1.5 million in 2005 to 2.4 million in 2006, and was expected to rise to 3.1 million in 2007 and top 3.5 million in 2008. Across the UK, 2.75 million vulnerable households - those with children, elderly people or someone with a long term illness - were in fuel poverty in 2006, including 1.9 million in England. The worsening situation is caused largely by spiralling gas and electricity bills, which rose 22% between 2005 and 2006 and have jumped twice this year. THE HOUSING BENEFIT & COUNCIL TAX BENEFIT [AMENDMENT] REGULATIONS STATUTORY INSTRUMENT [S.I.] 2008/2299 These regulation’s came into force on October 1 2008, and will effect claimants of both Housing Benefit and Council Tax Relief. The regulations ease the application of the two benefits by new claimants. The Statutory Instrument 2208 of 2009 is far too excessive to feature here and is almost impossible to precise so that it could be understood, so we suggest you enter either The Housing Benefit & Council Tax Benefit [amendment] Regulations 2008 OR Statutory Instrument 2008/2299 OR S.I. 2008/2299 in your computers search box where the whole of the new regulations will be revealed. Local Authority Departments for Housing Benefit and Council Tax Relief will also be able to advice and provide information of the new regulations to claimants. CHOOSING UTILITY COMPANIES Media advertising encourage us all to log onto website’s such as www.simpleswitch.com without actually informing people of the workings of the site. The offers of discount are all very tempting, and care must be taken before accepting and signing for such offers. What really matters is the cost per ‘therm’ of the gas burnt which differs from supplier to supplier. The cost per watt or volt or what ever the electricity measurement is these days must also be considered. Having researched several utility supplies, the variant is considerable, and must be seriously taken into consideration when switching utility suppliers, so take care is the watch word. Additional, many suppliers offer what they call ‘deals’ such as signing on for a specific period without normally an escape for the customer, so ensure that you are agreeable to the terms of the contract, and you are prepared to agree for the normally twelve month contract. Likewise, several utility suppliers are offering ‘long-term’ offers that tie you down for up to two years, so it essential that you read the contract or terms of what you are agreeing to, and that the payments are less than what you have paid previously. It should also be remembered that monthly bank direct debits enviably same consumers money from £4.50 upwards per annum, whereas some utility suppliers actually add to the annual bill for paying it annually. These utility websites are complex, and are confusing to us, so take advice before signing up. After looking at the figures, calculations with the use of a calculator are normally required to ascertains exactly what you are going to save for your efforts. So-called ‘door step sales where representative of utility companies ‘hard-sell’ at home’s still goes on, and reports continue of the elderly being signed up to a new suppliers without knowing about it or find out suddenly that they have a new utility suppliers without their apparent knowledge. This action is prohibited. We hope that you have enjoyed our continuing efforts, and we will be back in November 2008. Enjoy the colours of Autumn. |