![]() |
LAW AND BENEFIT REVIEW[part of the 'Disability Matters' & 'Law and Benefit Review' Group]
|
|
2009 2008 2007 2006 |
WELCOME to 2009, we hope you all had a great holiday. As time passes, you will find that the influence of European Union Directives upon UK legislation will increase more and more, so please do not dismiss them, as they will surely affect you as either an elderly or disabled person or both at sometime, and infact they are already doing so. During 2008, the new disabled air travel rules which is effective in all EU countries once the ‘local’ government has approved same were introduced. The UK government have now rectified the Directive. Road traffic legislation across Euro-land is also both being ‘tightened’ and ’joined-up’ with all EU countries who are talking and contacting one another to trace vehicles and drivers. France is particularly very active in this regard being the ‘link’ between Europe and the UK. The imposition of additional Import Duty on large powered scooters increasing the price of them was also originally a result of an EU Directive. The UK government often drags its feet on such issues before ratification, but tends to get there eventually. The most popular, and requested articles that we have featured during 2008 were those on NHS hospital super-bugs. Although some progress has been made with MRSA, it is still around inflicting much vengeance on too many patients. C.Diff appears still to be affecting patients as much as it did at the beginning of the year. Following your repeated requests, we are continuing to keep you updated with these matters. In Scotland the problem of C.diff is horrendous. The ‘hiding’ of the causes of death as being either due to MRSA or C.diff on death certificates, where appropriate, is failing to produce accurate figures as the article below will show. Law and Benefit Review is now linked to all major EU & UK disability and elderly orientated data bases which provides a great deal of information on issues that in time, and subject to UK government ratification, will affect UK elderly and disabled citizens. Last month we also linked up with the NATIONAL INSTITUTE FOR HEALTH AND CLINICAL EXCELLENCE [NICE] web alert which reveals details of new medication to be availed to the UK public. We will hope to bring to you reports on new medication designed to relieve pain from arthritis, and super-bugs updated for instance. Oh incidentally, we are now all ‘citizens’, not members of the pubic, and have been so for three years. Viva la Europe. Once again ‘super-bugs’ are apparent in our journalising this month, no this is not the Lancet medical magazine! These awful diseases which bring such sadness to families, not to mention the suffering and possible death of thousands of elderly and disabled people with low immune systems must be kept to the fore-front, and thanks to your support, we will continue to report the subject, and we can assure all readers that we will continue to pester the Dept. of Health on this issue when ever we can. So now sit back, relax, pour a G & T, and read what we have found this month. The Scottish Clostridium difficile infection scandal is still hitting the headlines. Bearing in mind how unpopulated Scotland is compared with the rest of the UK, the C.diff figures are alarming, and could affect any one of us who are unfortunate enough to be hospitalised between the boarders and the far north whilst on vocation. In at least one area, the police have been called in to investigate a serious outbreak of C.diff As we have said before, if private hospitals can deal with the problem’s of super-bugs with nil case’s being reported of MRSA and C.diff, what are the NHS not doing that they cannot compete? May we remind readers that the website former website https://beehivethisisgloucestershire.co.uk has closed and we no longer use it. NOROVIRUS BUG STRIKES EVERYWHERE Our date bases report out-breaks of Norovirus [winter vomiting sickness] in hospitals, care homes, prisons, cruise ships, hotels, nursing homes, etc. as the virus quickly spreads in confined environments such as hotels, guest houses, etc. Doctors surgeries, clinics, out-patients, A&E, theatres, cinemas, shops, cafes, restaurants, etc. are also ‘confined’ spaces so take care. How can this latest super-bug obtain such a hold so quickly? Does it mean that the ‘super-clean’ government programme of NHS hospitals at least is not having the slightest effect to prevent yet another super-bug from plaguing patient‘s, staff and visitors alike, as the prevention of ‘norovirus’ is subject to cleanliness as much as MRSA and C.diff is. This season we have seen an increase in reports of norovirus cases, almost double the number reported for the same period last year - every thing points to the ’cleaning’ programmes not working at least in NHS hospitals. Symptoms of norovirus can start just 12 hours after catching it and the first sign is usually the sudden onset of nausea and projectile vomiting. Most also have diarrhoea and some people suffer with mild fevers, headaches, stomach cramps or aching limbs which last for two to three days Several factors are thought to have contributed to the increase in cases reported already this year. The norovirus season has started uncharacteristically early compared to other years. There is also thought to be an increased level of awareness of the infection and symptoms by both the public and physicians, hence more cases are being identified. In addition, improvements have been made in diagnostics at regional laboratories and the increased sensitivity in testing may have resulted in more cases being diagnosed. Numbers of norovirus fluctuate each year with laboratory reported cases representing only a small fraction of the number of cases that actually occur. The self-limiting infection usually only lasts a few days hence the majority of cases are not reported to the clinician. Norovirus is highly contagious but not so protracted, however, one of the ways to protect against the infection or to help prevent yourself or others becoming infected, is by practising good hygiene. This includes thorough hand washing especially after using the toilet, and any contaminated surface should be thoroughly disinfected after an episode of illness. Food preparation should also be avoided until 48 hours after symptoms have disappeared. Unfortunately there is no specific treatment for norovirus apart from letting the illness run its course, therefore it is important to drink plenty of fluids to prevent dehydration especially in the very young or elderly. Taking action early in an outbreak by closing a ward to new admissions can help control outbreaks. A study by the Health Protection Agency has shown that outbreaks of norovirus are shortened when control measures at healthcare settings are implemented quickly, such as closing wards to new admissions within 4 days of the beginning of the outbreak and implementing strict hygiene measures. EX-PATS Following your many queries concerning your failures to make contact with the UK Works and Pensions Department, here are some useful details: Pensions & Overseas Benefits Directorate, Tyneview Park, Whitley Road, Benton, Newcastle - upon- Lyne, NE98 1BA or telephone [44] 191 218 7777 Disability Benefits Unit, Warbreck house, Warbreck Hill Road, Blackpool, Lancs. FY2 OYE. Tel: [44] 845 712 3456. Unfortunately the Euro is at its lowest level since the Euro was launched in 1999 with one GBP [£] worth 1.1327. Whereas the pound gained one cent against the US dollar, reaching $1.4967. Ex-pats now find they are receiving a further lower level of UK state pension. BENEFITS UPDATE State Pension: In April 2009 the level of a full State Pension will rise in line with the Retail Price Index [RPI] to £95.25 a week. The government is committed to up-rating the basic State Pension to the RPI or 2.5 per cent, whichever is higher. In addition, the government will pay £50 to all pensioners in the New Year, which is equivalent to bringing forward the increase in the Basic State Pension for a single pensioner from April to January. A £50 payment will also be made to 2.5 million individuals who receive certain other benefits. Pension Credit: The government also announced an above-indexation increase in Pension Credit’s minimum income guarantee to £130.00 for single pensioners and £198.45 for couples resident between April 2009 and April 2010. QUEENS SPEECH The ‘Queens Speech’ announced in Parliament on December 3 2008 revealed the following Bills to be introduced into the forthcoming session of Parliament that may be of interest to the elderly and disabled, that’s after the MP’s Christmas break of course. NATIONAL HEALTH SERVICE REFORM BILL The proposed Bill will create an NHS Constitution that sets out what patients can expect to get from the health service including State Pensions outside the UK: The continued decline of the Euro against the £1 has now reached an all time low at E 111.02 on December 14 2008 EQUALITY BILL Applying to England, Scotland and Wales, the proposed bill promises to simplify and harmonise discrimination law. Councils 'must consider the elderly'. Councils would have a duty to consider older people's needs and avoid using "complicated technology" in providing services, under government plans. The Equalities Bill unveiled in the Queen's Speech aims to end age discrimination "in the provision of goods, facilities and services". The bill, which covers most of Britain, replaces nine laws and 100 different rules and aims to strengthen discriTmination legislation. On age discrimination, the bill says things that benefit elderly people, like free bus passes, would still be allowed, and it says public bodies will also have a new legal duty to tackle age discrimination and take older people into consideration when planning services, such as not providing car parking tickets through complicated technology which older people may be less able to use. It would extend the existing duty on public sector bodies, like councils, to consider how their "spending decisions, employment practices and service delivery" can affect people according to race, sex or disability to cover "sexual orientation, gender reassignment, age and religion or belief". As examples the government suggests more park benches so elderly people can enjoy public spaces and more drop-down kerbs to help people in wheelchairs. Positive action on employing staff will be "entirely optional" under the bill and is "not about quotas". HEALTH BILL Mostly applying to England only, this bill offers a new NHS Constitution, setting out the rights and responsibilities of patients and staff. It extends the remit of the Local Government Ombudsman to look at complaints from people who have arranged their own adult social care. PATIENTS TO GET BILL OF RIGHTS The Health Service will have a duty to follow the vision set out in the NHS constitution, the Queen has confirmed. A Health Bill will be published next year alongside the final constitution, which is being dubbed a bill of rights and responsibilities for patients. A draft constitution has already been consulted on, and now the Queen has promised legislation to compel the NHS to adhere to the final document. Prime Minister Gordon Brown confirmed at the start of the year he wanted to see one drawn up to help mark the 60th anniversary of the health service this year. WELFARE REFORM BILL Aimed at creating "incentives" for people to return to work and "consequences" for those who do not, this bill applies to England, Scotland and Wales. It promises more "sanctions" against people who do not attend job centre interviews and work-focussed interviews for the over-60s with the only exceptions being carers, jobless parents of very young children, severely disabled people, and severe and long term disabled, etc. It also requires "work-related activity" from those receiving Employment and Support Allowance. The bill would abolish Income Support and move all people onto Jobseeker's Allowance, if they are well, or Employment and Supplementary benefits if they are not. CIVIL AVIATION [ACCESS TO AIR TRAVEL FOR DISABLED PERSONS AND PERSONS WITH REDUCE MOBILITY] REGULATIONS 2007 This is the United Kingdoms name for Regulation [EU] No 1107/2006 which the UK government has now fully ratified bringing in the important changes that the EU announced in July 2008. Why the delay? they call it democracy, and yet, as we reported last month, and in previous editions, disabled UK citizens are continuing to be mis-treated when travelling by air and at UK airports. The EU Directive is long and complicated, but one of the most important changes that has ‘hit’ the media disability headlines in the UK several times, is that of airlines and/or airport’s charging for the services they provide to disabled people and those with reduced mobility such a broken arm after playing football. No longer can disabled people be charged for the provision of a wheelchair to board or disembark an aircraft or transit from one terminal building to another. Airport managers now have to provide these services freely, and issue quality standards just like local authorities and large companies. All staff employed directly with providing assistance to disabled people must receive appropriate training combined with disability awareness. These directives/regulations apply to every airport within the European Union, with the EU Directive 1107/2006 being the basis of ‘local’ regulations. DISABILITY HATE CRIME Many disabled people live in fear of crime, but many disabled people also feel that they are specifically at risk. Crimes against disabled people, because they suffer disabilities have risen. Sir Ken Macdonald, the Director of Public Prosecutions - has come out with a very strong message: “many disabled people live in fear of crime because criminals view them as easy targets“. He wants us to be better protected by the law. Hate crime includes bullying and name calling. Sir Ken Macdonald thinks that each apparently minor incident of name calling and harassment on the street may seem relatively unimportant, but, taken together, a pattern of hostility could be traced. All so-called ‘hate crimes’ must be reported, and the police must treat them as such. You can read his full speech at The Crown Prosecution Service has issued a press release called ‘Disability Hate Crime – Prosecution Policy and Guidance’. The Easy Read version is available at http://www.cps.gov.uk/publications/docs/disability_hate_crime_policy_easy_read_english.doc EXTRA PENSION WILL COST NOTHING Only one, in five of the people who the government promised a bigger state pension will in fact get it. The minister in charge of the project has stated that she expects just 110,000 to apply successfully. Under the plans, anyone - man or woman - who reached pension age on 6 April 2008 or later and whose state pension is reduced because they have an inadequate contribution record, will be able to buy an extra six years national insurance (NI) contributions to fill the gap back to 1975/76. These extra contributions will be in addition to the six years back to 1996/97 that can already be bought and could boost the reduced pension by £14 a week now and more than £20 a week from April 2010. Most of those who benefit will be married women, as they are less likely to have a full working record than men. Women will not be allowed to buy contributions for any years they were paying the reduced rate married woman's contribution. There will be about half a million people who will be eligible, most of them women, who could only buy back the last six years - maybe about 110,000 will actually take it up. BRITISH FIRMS STRUGGLE UNDER EU RULES British businesses, the elderly and disabled population along with all other citizens are being tied up with record levels of Brussels red tape, a report warned yesterday. The Tax Payers' Alliance says that UK firms are struggling under the 'severe burden' of EU regulation, which is estimated to cost £150 billion a year. The study found that there are currently 16,980 EU laws in force in this country and they are increasing at a rate of 2,000 a year. Whitehall had added to the regulatory burden by using EU directives as 'vehicles for their own policy agendas' and attaching numerous additional clauses and extending their scope - a practice known as 'gold-plating'. Recent much publicised house-hold waste collections in the UK were all originated from European Directives. The EU's addiction to regulating and Whitehall's compulsive gold-plating have added billions to business costs in recent years. Calls are being made for the legislative process which has created this regulatory tangle and Britain's relationship with the EU needs to serious re-thought. As we stated in this months ‘header’ these EU rules include matters that do or will involve UK elderly/disabled people, with the almost unbelievable possibility of state benefits and pensions being paid from Brussels, yes it has been suggested that all EU countries receive equal state benefits and pensions. Think about it, more and more local UK county authorities have moved, or are moving to regional centres, where five/six/seven local authorities have combined fire, police and ambulance 999 emergency contact centres ar away from the county‘s they serve, will these regional centres next think about combining their services, so that we would have five/six/seven regional centres, but where would they go - Europe perhaps. Regional centres are already dealing with other issues such as environmental issues, education, etc. The counties of Gloucestershire, South Gloucestershire, Avonmouth, Hampshire and other counties, form part of the South West Regional area located in Exeter, Devon for instance, so watch this space for further news on these possible moves. CARE PORTABILITY At long last, people should be able to move from one area to another without the fear of losing their care support provided by local authorities, and in order to achieve this, the UK Government has agreed to include the question of ’portable care entitlement’ in the expected Green Paper on Social Care. Perhaps the stigma and irritation of having to totally re-apply for care and support from scratch, along with housing benefits and state benefits when moving from one area to another could become easier as after all do not they all go hand in hand? Perhaps when moving out of England into Northern Ireland, Wales or Scotland, then it may well require re-application as the regulations/laws and procedures may vary from country to country, but within say England, the Housing and State Benefit regulations are the same in Cornwall as they are in Carlisle. Clearly some form filling or interviews will have to take place, as we cannot see any the ‘new’ authority not so-doing for obvious reasons, but the procedure looks like becoming simpler. It is advisable to retain all annual [April] documentation received from the Department of Works and Pensions concerning the state pensions and benefits you are entitled to, so that you may produce them to any ‘new’ authority if you are contemplating moving, along with proof of housing benefit received, together with the receipt of any reductions in council taxation sent to relatives/landlords. Likewise the proof of the receipt of social care/funding will be requested. Also, all documentation concerning assessments carried out originally by social services, local authorities, doctors, hospitals, Dept of Works and Pensions, etc., and particularly if they are recent to the anticipated move, should also be retained and kept safe as ‘proof’. of your claims. If you are requested to re-apply for anything, make sure that what you say in support of the claim, is exactly the same as the original application when copies of same should have been retained for events such as these. There are sure to be some problems such as the availability of suitable housing, carers, personal assistants, but this should be able to be sorted out before the move takes place. Such moves as this will not take place over-night, so do not expect to apply one month and move the next, one year would possibly be an appropriate time guide, and do not forget to inform all agencies and departments of your new address. You should appreciate that the authority into whose area you are applying to move into are bound to interview you early in the application process, so try to arrange all such interviews to take place in one or two days to cut down on expense and possible repeated long distance travel. We have covered this subject previously, and advised then to ensure that everything is in place in writing, including the amount of funding and benefits you will be receiving are at least equal to that being received prior to any move, signed sealed and settled if you will, before the move takes place. In the past, Local Authorities have dealt with such issues, but in varying ways, from dragging their feet to downright refusal to the age old excuse of the lack of funding [which is no excuse as the courts have proclaimed], but in due course, following the governments proposed intervention, it should make life easier for those contemplating such a move, lets hope so. YET MORE SUPER-BUG’S MRSA or methicillin-resistant Staphylococcus aureus, can now be found in a number of countries including the United States. The sometime fatal disease is unfortunately well known in the UK, and now, an associated genetically related super-bug, VREF, which stands for vancomycin-resistant Enterococcus faecium, mainly arises in hospitals and infects people in critical care units. Both so-called super-bugs can cause lethal infections and are resistant to antibiotics. Additionally, Norovirus or, the winter vomiting bug, causes sudden vomiting and diarrhoea with symptoms much like C.diff affecting those with low immune systems, the elderly and disabled no less, and is just as contagious as MRSA andC/DIFF, now VREG. What is going on? So far, VREG has not shown itself in the UK, but appears to be confined to Columbia in South America. The fear is that visitors/tourists to any affected areas, and who require hospital treatment whilst in the country, may return to the UK with the VREG, and introduce it in NHS or private UK hospitals. The UK government are continually producing figures indicating the decline of at least MRSA which medical professionals often dispute, and also inform the public of what is being carried out to destroy the super-bugs, so far its super-bugs 4, government 0. What do you think? Do you feel safe entering an NHS hospital? we know many dozens of people who reside around our office who are terrified of entering hospital, even for minor matter’s, and would rather stay at home. C/DIFF CASES AT SCOTTISH HOSPITALS Health boards in Scotland have revealed the number of C.diff cases they recorded from December 2007 to May 2008. An Investigative team requested the information from NHS boards, covering questions from the distance between beds in wards to whether all staff had received infection control training. Overall, 3,174 C.diff cases were recorded between December 2007 and May 2008 [5 months] at 38 hospitals. Alarmingly, the information suggests that the majority of Scottish hospitals are not carrying out staff training concerning the washing of hands - the primary cause of the spread of hospital super-bug infections. 38 hospitals took part in the report, 17 said ’NO’ to hand washing training, 14 made no response, 2 said ’YES’, 3 said that they trained new staff and one said it carried out training every 18 months. The survey is to large to include here, but we can reveal that the number of cases of C/Diff range from 0 at St Brendan’s Co hospital to 295 at the Aberdeen Royal hospital. Single insulation rooms also vary from 8 at Dr Gray’s hospital to 31 at Lorn & Island District hospital. Scotland deals with super-bugs in a different, but similar manner than that operated in England and Wales, but nevertheless any progress in the eradication of the bugs does not appear to be working. The Scottish Parliament is calling for a public enquiry, but as there is police enquiry in progress as we report, December 2008, the members will have to wait for the outcome, but clearly the Scots are taking the death rate from C.diff very seriously. We can find no trace of the House of Commons debating this issue in such a manner. On November 21 2008, the Scottish Parliament declared that the recent deaths due to C.diif was the “worse ever” with Scottish PMQ’s being dominated by questions concerning the increase in cases of C.diff. A TAXING PROBLEM Older people still cannot claim Disability Living Allowance DLA]] if they become disabled after the age of 65, and this has serious repercussions for the car tax they have to pay. In 2007, Gordon Brown promised he would deliver “no discrimination” on the basis of race, gender, disability, sexuality, age or faith. Yet age discrimination in the benefits system is still rife. CARE IS FAILING THE TERMINALLY ILL Terminally ill people and their families are being let down by failings in end of life care, a watchdog says. The National Audit Office said while most people wanted to die at home, the majority ended their days in hospital. The report said families, hospices and care homes in England needed more help to provide better end of life services, SCOTTISH PETITION CALLS FOR C.DIFF INQUIRY A petition has been handed to MSPs calling for a public inquiry into a Clostridium difficile outbreak that was linked to 18 hospital deaths. ARE YOU BEING CHEATED? Do you receive Pension Credit? Are the Department of Works and Pensions [DWP] treating you fairly? It would appear that one third of people receiving Pension Credit are being over paid because they also receive Housing Benefit which could mean that their Pension redit [PC] is being over paid to certain claimants. The dept collection Department of the DWP have written in certain cases to pensioners demanding repayment of thousands of pounds to ‘cover up’ the mistakes of the DWP. This was been revealed by the BBC 1 programme ‘Watchdog’ on December 1 2008. Of course, as soon as ‘Watchdog’ investigated the matter, the DWP withdrew the debt collection threat only after commencing to deduct money from the weekly payments of the Pension Credit, but after the BBC stepped in, the DWP informed the claimants concerned that they did not have to pay back the over-payment, but what about any other claimants in the same boat. Write to your local DWP and threaten them with a ‘Watchdog’ investigation if you think that you are being under/over paid or write to your Member of Parliament. On the other hand, some Pension Credit claimants are being under-paid, but the DWP in their wisdom, have restricted any back payment claims to now only three months, it used to be twelve months, even if the under payment is a year or more old. A third of Pension Credit claimants are apparently affected either by under or over payment so check yours. Why are the elderly expected to cover up for the mistakes of the Department of Works and Pensions who apparently cannot add up and or subtract simple arithmetic? SHARPE RISE IN SILENT TELEPHONE CALLS Complaints from UK householders about silent calls from call centres have more than tripled, says Ofcom. Yes we know, you have told us. Typically, these occur when call centres with automated systems dial more numbers than staff can deal with. These calls, often during unsociably hours, make particular elderly customers very nervous and often frustrated. Regulator Ofcom is publishing advice to consumers about how to complain about silent or abandoned calls, and it has already taken action against various companies following repeated cases of silent calls. In September, it handed down the maximum possible fine of £50,000 to Barclaycard for what it described as the "most serious and persistent" case of silent calls ever seen by the regulator. There are ways to stop these ‘silent-calls’ by contacting the TELEPHONE PREFERENCE SERVICE [TPS] DMA House, 70 Margaret Street, London W1W 8SS. TPS Registration line - 0845 070 0707 DEBATE ON WELSH CARE SERVICES A debate on how care services in Wales should be funded is being launched by the assembly government. Wales has a larger elderly population than the rest of the UK, putting increasing strain on their care system. The consultation will run in parallel with one in England, prompted by predictions services will face a £6 billion funding gap across the UK in 20 years. It will consider whether individuals, families or society should contribute more towards care costs in the future. Questions will be asked, such as whether the care and support system should be the same for everybody or vary, according to circumstances or local priorities.
|