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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 |
WELCOME and step inside edition three of our new re-vamped in-house magazine and the very first edition to go live onto the website after production. At 2.25.p.m. on Wednesday May 17 2006, our website www.lawandbenefitreview.co.uk. went live to the whole wide world for the very first time. This is a great step forward in a very short time and we wish to thank our new web-master Mr Martin Ellis and his company Weblinks Advertising Ltd. for being so generous with their help and valuable assistance. It is only ten weeks since DISABILITY MATTERS came onto the scene and already our website is up and running but there is a long way to go yet to improve the site to an acceptable and professional standard but we hope that we are on our way. Those of you who have accessed the site before would have already noticed a big difference. First the bad news. We are sorry to announce so soon after revamping the size of the LRB for mailing and sending out for free to those requesting it, as from July 2006, those who wish to receive an A4 size hard copy of the magazine within the UK will now be asked to send a large A4 S.A.E. with an affixed 40p stamp to our address when requesting a copy each month. Each UK mailing costs us approximately £1.25 per copy to produce and mail. Our funding cannot continue to support this figure totally, so the cost of the stamp plus the A4 envelope from those wishing to continue to receive our worth while publication will go a long way to helping our economics. Anybody requesting hard copies to be sent abroad must first ask first the cost of postage to their country. Those of you who would wish to receive a regular copy of the LAW AND BENEFIT REVIEW should register your details with us so that we can set up a mailing list and have prepared copies of the magazine waiting for you once your envelope and stamps have been received. Those who cannot access our website at home will be able to see the web pages and to view the LAW AND BENEFIT REVIEW at public Libraries, internet cafes, etc. by the use of their computers to see what you are missing. If you cannot operate a computer do not worry, ask one of the assitance to find us on the web for you at www.lawandbenefitreview.co.uk. A fee will normally be payable at internet cafes but in libraries no fees are normally requested if you are elderly or disabled. The format of all forthcoming hard-copies of LAW AND BENEFIT REVIEW as previously indicated by an A4 size due to numerous problems in transferring the former smaller half A4 size onto the website. During the searching of national and international data banks, newspapers, websites, newspapers, magazines, libraries, etc. any downloads obtained are in A4 format. The time factor in reducing the size of these pages is unimaginable and time consuming - hence the reversal to the original format. Sorry. We can only apologise for these changes but they will both assist our webmaster in transferring copy from floppy discs and CD s onto the web-pages and our pockets. It should be mentioned that copies of the LAW AND BENEFIT REVIEW may be obtained from sources such as libraries and internet cafes with printers for which no doubt a charge will be made. For those of you resident outside the United Kingdom, this may be a cheaper way of obtaining a permanent record of the various monthly reviews so that you may be able to following the progress of matters that we report upon. FORTHCOMING LOCAL EVENTS MOBILITY ROAD SHOW THE COTSWOLD SHOW, CIRENCESTER THE ROYAL INTERNATIONAL AIR TATTOO 10th ANNIVERSARY OF THE KEMBLE AIR DAY, KEMBLE, GLOUCESTERSHIRE JUNE
18 2006 ONLY SPECIAL REPORTS WATER SHORTAGES Services for customers with Special needs How we can help if your water supply is interrupted Beat The Drought
[1] DIGITAL
TELEVISION [1] DIGITAL TELEVISION:
Concern is already being expressed by disabled and elderly people about
the costs involved in these changes. Elderly and disabled people relying
on state pensions and benefits, feel that they will have great difficulty
in finding the money to pay even though in the Cotswolds, the changes
are not for another six years -2012. Cost for these changes is of major concern. To transfer to the new digital system - at the government insistence - can cost from £39.99 to £229.99. An average price is said to be a one-off payment of £129.00 but it may be more. Old style analogue TV sets will require at the very least a new outside aerial and a digital box, whilst other TV sets will be found not to be suitable for conversation at all - that means a new TV set. People who reside in apartments may have difficulty with finding a suitable aerial location, as in-door aerials will no longer be suitable. Ask your TV retailer to solve this problem. There are various options to consider, do I buy or rent? Like everything else there are pros and cons for each. You can receive the digital service in five ways, [1] with a digital box which sits on top of your TV and a new outside aerial. Inside aerials will no longer be suitable to receive digital TV. [2] buying a new television set. [3] digital cable from a company which is not available in all areas. [4] digital TV through the telephone line - similar to a Broad Band system and [5] a satellite dish and box which is obviously the best but also the most expensive. Clearly the best thing to do is to visit your television retailer who will have all the answers to the many questions. Through a website, the governments own thoughts and explanations can be found on www.digitaltelevision.gov.uk. Public libraries will also provide this service and I am sure that public and council offices, information centres, etc. will at some stage have leaflets explaining the whole change over to the public. At the moment, there are the occasional references to the changes on both the BBC and commercial television but as the time draws nearer, the awareness will become greater. It should be remembered that in addition to the purchase of the new equipment, what ever it will be in your circumstances, it will have to be installed at a cost and some, like Sky, NTL, Freeview, etc. will attract varying monthly subscription charges. The basic set top digital box and aerial will provide all the basic TV stations, BBC1, BB2, ITV1, Channel 4 and in some areas Channel 5 along with about 25 other assorted TV stations. The fuller packages like Sky will guarantee Channel 5 anywhere and dependent on your package, provide a further two hundred odd other stations in English. COST, what will it all cost us? Can I afford it? How many disabled and elderly people rely on the television for comfort and entertainment - there must be millions - but will they all be able to afford the change over to digital without financial assistance. DISABILITY MATTERS has written to the government Department for Culture, Media and Sport asking if financial help will be available to the elderly and seriously disabled in receipt of state pensions and certain benefits to permit them to receive the new digital service - after all it was them who are demanding it. Watch this space for their answer. Your Sky In addition to the proposed arrival of digital TV, another new invention has already arrived HD or high definition TV. Intense colours, brighter, clearer and deeper pictures, life like clarity are all claimed by the advertising so if you are going digital you might as well go HD as well. Cost with Sky, £299.00 plus an extra £10.00 per month subscription on top of your normal monthly package. Look for the markings, LCD, HD READY, digital and FREEVIEW on the televisions sets themselves to ensure your receive all you wish to see. Both the word digital and HD must at the very least appear on the case of the televisions set. As soon as we receive a reply from the government concerning financial
help for disabled and elderly people paying for these imposed changes,
then will we bring it to you. [2] HUMAN RIGHTS: Whether you are for or against human rights, it is certainly working for many disabled people. Care, or should I say, the lack of it, due to financial restraints imposed by Local Authorities and the Independent Living Scheme funded by the government, is one of the big issues. The balance between the accessed amount of care and the amount of care funded or received is often poles apart, and families have used the Human Rights Act 2000 [HRA] to try and balance the two up. One of the many aspects of the HRA is that it has made it Another issue where disabled people have used the HRA is the degrading treatment whilst in prison. A disabled lady in a wheelchair who was gaoled for failing to pay her council tax and could not access the loos and many of the activities within the prison walls due to door widths not conforming to Part M of the Building Regulations. The Leonard Cheshire Homes have been involved in a case and the manual lifting policies of Sussex County Council in 2003 were also challenged for example. The website www.bihr.org for the British Institution of Human Rights tells more. The sit-ins by long term residents in care homes who have refused to be moved elsewhere following threats of the closure of their home by local authorities have been assisted by the HRA. In the latter example, two sets of elderly pensioners have won their causes and have been allowed to remain where they are for as long as the wish to stay. Good for them (P) [3] FUNDING: We are pleased to announce that Disability Matters has managed to pass the first round of the 2006 AOL Innovation for Community Award Scheme and submitted the application forms required. Please keep your fingers crossed for us. [4] INCAPACITY BENEFIT SHAKE-UP REVEALED: The new Secretary of State for Work and Pensions, John Hutton MP, has after just one day in office, revealed the plans of the government in respect of changing the rules for Incapacity Benefit. The aims are to get one million of the 2.7m claimants of the benefit back to work saving £7bn per year. The new rules will come into force in 2008 and the new benefit will be re-named as the Employment and Support Allowance. Claimants who refuse to partake in the return to work scheme will risk losing £10.93 a week rising to £21.86 a week for a second refusal. It will be compulsory for claimants assessed by social services or doctors as being able to work to take part in these schemes. Individual counselling and training will advise the sick & disabled so that they will be able to get back to work. There are also moves to get an additional 1m older people and 300,000 single parents back to work. More severely disabled people will receive a higher rate of benefit - Employment and Support Allowance presumably - and there will be no obligation to look for work. This shake-up could create a two-tier benefits system and MP s have been warned that some claimants could be worse off. The Disability Benefits Consortium which brings a number of leading disability groups and health charities together, are concerned over the new proposals leading to the most vulnerable being subjected to undue pressure. A green paper which is a consultation document containing policy proposals for debate before the decisions are made policy, is now being circulated as a consultation document. In due course further details will be announced. Scottish disability groups have already asked to be heard on these proposals before they were apparently made public. [5] GLOUCESTERSHIRE HIGHWAYS: Gloucestershire County Council have re-named another of the their former Directorates to Gloucestershire Highways. The new name has been thought up by the county administration for the new partnership between Gloucestershire County Council and Atkins who will be seen repairing or should I say patching our highways - lets hope that do a better job than the last lot. The new Directorate can be contacted on 0800-514514 to report holes in the road, missing signs, etc. Further details to follow. www.gloucestershire.gov.uk [6] NEIGHBOURHOOD & ENVIRONMENT ACT 2006: In this new Act of Parliament which is said to be the most significant change in local environmental legislation for 15 years, the government have effectively created higher punishments for offences against the community and at the same time protecting the environment we live in. The dropping of litter, dog fouling which is not collected for instance, now have increased fines by way of a fixed penalty notice for £80. An increase of £30 from the previous fine maximum. New powers have been given to local authorities and even Parish Councils and Councillors who will have the power to issued fixed penalty notices to their neighbours for certain offences such as leaving super market trolleys abandoned, noisy burglary alarms, dog fouling, litter, graffiti, fly posting, fly-tipping, leaving domestic rubbish out in a public place at the wrong time, nuisance parking and abandoned vehicles. Which Parish Council or Councillor will be the first to issue a FPT. Watch this space. [7] DISABLED RAMBLERS: This fine body of power wheelchair users meets around the countryside and go off along bridleways and footpaths that are accessible to these forms of mobility transport. A pre-planned route of around 3 miles is assembled with watering holes along the way and a portable loo follows them for cases of emergency - yes its true - a loo on wheels aptly named a mobile support unit. There is no real need to take your own wheelchair to the venue if you have difficulty in transporting it or the equipment you have is unsuitable, as Disabled Ramblers have two scooters available to loan for the ramble but please book well in advance. The scooters may well be like the 4 x 4 s of the bridleways than the scooters normally seen, but infact they are real all-terrain buggies. But have no fear, they will carry you over rough terrain with safety. Membership is £8.00 per annum with a quarterly magazine advertising the walks . Disabled Ramblers can be contacted c/o Mike Bruton, Chairman Disabled Ramblers, 14 Bemont Park Road, Maidenhead, Berks. SL6 6HT. 01528-621414 or e-mail: mike@thebrute.freeserve.co.uk or Disabled Ramblers, Little Croft, Guildford Road, Shamley Green, GU5 ORT. [8] EQUALITY ACT 2006: This recent Act of Parliament allows for the official establishment and constitution of the Commission for Equality and Human Rights [CEHR]. There will be a transition period when the new Commission of the CEHR will be working towards a seamless transfer of the functions from the existing commissions of the Disability Rights Commission and the Equal Opportunities Commission in 2007 and the Commission for Racial Equality [CRE] by 2009. From October 2007, when the CEHR becomes operational, it will be responsible for providing institutional support against discrimination on the grounds of age, disability, gender, religion or belief. [9] DISABLED PARKING AT CIRENCESTER HOSPITAL: The new parking arrangements at the hospital that recently introduced a car parking payment scheme would appear to have had an adverse effect on the disabled parking bays which are now being used by non-disabled drivers - not that they did not park there prior to the new scheme commencing. On one occasion two weeks ago, four of the disabled parking spaces had vehicles parked on them not displaying any blue badges. There are no signs saying that blue badges should actually be displayed, but is it not second nature for blue badge holders to almost automatically display their badges when parking in a disabled space? The parking arrangements are under the control of a private company, Euro Car Parks Ltd, with an employee normally on site who should be checking on who is parking in the disabled bays. DISABILITY MATTERS has written to the Cotswold & Vale NHS Primary Care Trust at www.cotsvalepct.org.uk Cirencester hospital pointing out these problems and they are now carrying out an investigation. From what is occurring in other local free car parks, it may be that some drivers are using these facilities and taking advantage of the free parking instead of using the CDC parking areas where they will have to pay whilst they use the facilities at the sports centre. Could this be happening at the hospital as two of the four cars seen two weeks ago were there for over five hours? DISABILITY MATTERS has also suggested to the hospital trust that the parking signs be amended to request blue badges to be displayed when parking in the disabled bays. Watch out for any conclusions. [10] NATIONAL CENTRE FOR INDEPENDENT LIVING: This organization resources Independent Living and Direct Payments for people and others working in the field. They have requested DISABILITY MATTERS and other groups to take part in a research survey in shaping or changing services, to see how the influence of service users can create on-going change and improvement in services. DISABILITY MATTERS have completed a questionnaire and returned it. Contact has now been established with the NCIL for all future surveys. The NCIL can be contact at www.ncil.org.uk or 020 7587 1663 [11] RAMP TRAINING: The Bus operator First have apologised to a disabled man who could not board some of the services operated by them as the drivers did not know how to operate the wheelchair ramps. On one occasion the disabled man concerned was unable to return home and was left stranded and required a taxi to complete his journey. The problem of un-trained drivers has now been solved according to the operations manager of First so that such an incident does not occur again. All new buses and coaches should be fitted with wheelchair ramps to permit access for wheelchair bound disabled people and obviously the bus and coach drivers should be fully aware of how to operate them. [12] UNWANTED MARKET RESEARCH CALLS: This painful experience for many is becoming more than a nuisance to many disabled and elderly people who, on struggling to the telephone, find that it stops ringing just as you are about to pick the receiver up or a voice is trying to sell something that they haven t asked for. More often than not, no telephone number from the caller is left and concern is then experienced as to who called the number. Even ex-directory numbers are not exempt from these interruptions. There is however an answer, contact either the British Market Research Bureau at Ealing Gateway, 26-30, Uxbridge Road, London, W5 2BP or the Research Quality Manger of the Operations Centre, Saunders House, 53 The Mall, London, W5 3TE. +44 (0) 20 8566 2222. The telephone numbers used for these surveys are obtained from customer lists, data bases, published lists or from a computer process, which generates telephone numbers at random so it would appear that an ex-directory telephone number could even be made up or still be on an old list before it became ex-directory . Several thousands of telephone numbers are automatically dialled at once and what generates the un-solicited call is the actual picking up of the telephone receiver. If the telephone was left to ring, it should stop of its own accord, as there are operators on constant standby to answer the calls, the first call answered would then stop all the other telephones from ringing. In an effort to stop these calls, contact the above organisations and supply them with all the telephone numbers you wish to be excluded from the lists so that they may be added to the in-house exclusion list to ensure that your telephone number may be screened against the exclusion list and any matching numbers automatically removed from the sample of telephone numbers to be called. This should prevent any further un-wanted sales or survey calls. [13] ELDERLY OVERDRAFTS: It has been revealed that 850,000 people in the UK over the age of 50 years are permanently overdrawn and more elderly people who are not working, are facing a black-hole over-draft of £2.7m. The website www.uswitch.com has revealed that older generations are now increasingly reliant on their bank overdraft to supplement their income with many using it to make ends meet. We wonder how many of these people are in receipt of state benefits & pensions and is it not a call for both to be annually increased along side salary increases and not the cost of living as clearly the two are polls apart. [14] FURTHER SLASHES IN MOBILE COSTS: We reported in last months magazine, that cell-phone charges are at long last beginning to drop when UK cell phones are being used in any EU country. Everybody and particularly disabled and elderly people who wish to keep in touch with relatives and carers whilst away abroad will benefit from these changes. Both Vodafone & T-Mobile have bowed to pressure by slashing the cost of making calls from abroad. Vodafone have cut their charges by 40% and T-Mobile by 45% in Europe and 54% in the USA. By April 2007, Vodafone is claiming that European charges will drop from an average 61% to 37.7% per minute subject to reciprocal arrangements. We also reported in last months LBR, that the purchase of a local sim card in any EU country for the duration of the vacation outside the UK for a minimal amount of euros will save a considerable amount of money both in local calls and calls back to the UK - this still applies. This sim card will last so long as it topped up. If it is left six months or more without top-ups then it will expire but all the user has to do is purchase a new sim card when next vacationing and off you go again. Locally purchased sim cards only normally operate in the country of origin but they are so cheap it does not matter. It is easy to exchange sim cards, look in your cell-phone instruction book in the section on setting up your phone and the rest is easy. Please remember to keep safe the UK network sim card as you will require it back in the UK. When you return to the UK, replace your original UK sim card and save the EU sim card just in case you are returning to the same European country you last visited within a six month period so that you can continue using it once it is has been topped- up . When you arrive at the airport, change your sim card immediately back to the UK sim card to start saving money again. [15] ERRORS BLOCK BENEFITS TO DISABLED PEOPLE: Almost 80,000 sick and disabled people a year are being wrongly denied benefits according to a BBC investigation. It has emerged that medical reports on people claiming some benefits are unreliable or inaccurate which has resulted in thousands of disabled people claiming Incapacity Benefit or Disability Living Allowance having to appeal. Some hand written medical reports were found to have been altered so that the meaning of the illness or disability was completely changed whilst others in a computer-based medical questionnaire produced misleading or nonsensical information. This again has resulted in thousands of people having to challenge decisions in order to obtain the benefits to which they are legally entitled to. [16] CRIMINAL RECORDS BUREAU - CRB: This Home Office operated government department under much criticism at the moment and used by police forces, local authorities and others to check the credibility of some future employees particularly those who are being employed in positions of trust such as personal assistants, carers, etc. has been accused of wrongly labelling 1,500 people as being criminals. Last year, 2005, the CRB prevented 25,000 genuine unsuitable people from being employed. The cause of these problems appears to be when details of the person being searched against supplied similar or identical information of a recorded conviction and of a similar nature but nobody appears to be double-checking . Long delays are also often experienced in obtaining the results of searches thus delaying the employment of caring staff and the loss of people from the profession as the time spent waiting for a response from the CRB means the loss of salaries too. [17] SOCIAL EXCLUSION: There are 1 million people, 5% of the population, living in the United Kingdom who are socially excluded according to the Government Minister Hilary Armstrong. The Minister s job now is to examine the role of voluntary organisations in combating this appalling announcement. The causes of Social Exclusion have been listed and includes Low Incomes, Poor Housing and Ill-Health which is not surprising. [18] HOUSING LAW CHANGES: From April 2006, some larger properties housing two or more households may need a licence from their District Council. {Cotswold District Council in Cirencester}. www.cotswold.gov.uk. The main things to consider in determining if a licence is required for a house in multi-occupation or HMO as it is to be known, are:
It comes to mind that if any of the above circumstances are in existence does a disabled person being cared for by a family and that person is living in a separate annex, would they need to be licensed? We hope not. Any queries call the Private Sector Housing directorate of the Cotswold District Council on 01285-623429 [19] DISABLED NEGLECTED: Valid observations have been made with regard to the provision of specialised vehicles for elderly, disabled and infirmed passengers who have difficulty in getting to designated bus stops, coach and railway stations hospitals, clinics, surgeries, supermarkets, banks, etc. Due to the low remuneration often paid to the owners of such specialised transport by local authorities, work has to be taken on to support these operations such as private hire and continued charging being imposed for their more specialised work for their clients of disabled and pensioners which should have free transport for their needs. Community Active Travel Services is a group of organisations who have come together in Wales to pool their resources to hopefully redress the discrimination that this neglect - the low payments - have produced. In the South Cotswolds, a Dial-a-Ride scheme operates through the South Cotswold Voluntary Service. Contact Jan@Cirencester-B.fsnet.co.uk or 01285-658802. There is a small membership fee payable plus the cost of travel. [20] NEW VISITING SERVICE: A new visiting service has been launched in the Cotswolds to help elderly and presumably elderly and disabled people remain in their homes for as long as possible. The new scheme is called People for You and is co-ordinated by the Cotswold District Council and funded from council tax payments. The volunteers include a hospital matron, experienced nurses, the former owner of a pharmacy and a sheltered scheme warden. When visits are made, the volunteers will talk about problems or worries, housing, safety issues, home safety, benefits, lunch clubs and social events. The Cotswolds has a higher than average number of elderly people, with the over-80 s set to increase by 50% in the next ten years so there s is a real need to maximise the opportunities for people to stay in their own homes for as long as possible. Hopefully this service will prevent the elderly having to leave their communities where they may have resided for a long time and move into full time care homes. The service commenced on May 1 2006 and is based in the North Cotswolds but it is hoped to extend the service to Lechlade, Fairford and Tetbury. Training will be provided by the Cotswold District Council staff. Elderly people themselves my contact the scheme, or be referred by their doctors, community staff, carers, relatives or neighbours. More information may be obtained from the Cotswold District Council Health Policy Officer on 01285-623414. [21] NOISE ACTION WEEK If you have spent a relaxing and undisturbed time between May 22 and 26, then you will not have heard about the National Noise Action Week during which Cotswold District Council [CDC] urged residents to think about the effect unwanted noise can have on neighbours. Some 44% of enquiries dealt with by the CDC environmental protection team relate to noise and half of these complaints relate to loud music systems, televisions and radios, barking dogs, slamming doors, DIY, parties and fireworks. All complaints are investigated and resolved mostly by giving advice but where necessary, legal notices can be served requiring residents to stop causing a noise nuisance. Further and continuing nuisances may be dealt with in the courts with fines of up to £5000 in severe situations being handed out by Magistrates. Both elderly and disabled people suffer enormously from noise problems if they occur, particularly when they are not feeling well or in severe pain. Often they are alone and have nobody to sort the problem out for them and are forced to suffer the actions of others. Help however can be obtained from both the Gloucestershire police on 0845-090-1234 or 999 in emergencies, the Wiltshire police on 0845-408-7000 and from the CDC by telephoning 01285-623120. MONTHLY QUICKIES: LATEST PETROL PRICES IN CIRENCESTER: SUPPORT FROM FRIENDS OF THE EARTH: PENSIONS: COPYRIGHT NOTICE: All written material contained on
this site may not be reproduced, distributed, transmitted, displayed,
published or broadcast with the prior permission of Disability Matters,
P O Box 5, Unit 6, Corinium Centre, Love Lane, Cirencester, Gloucestershire,
United Kingdom, GL71AA. 01285-861752 or e-mail: disability.matters@yahoo.co.uk.
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