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.
April 2009
[edition 35]

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THANKS again for joining us for this extended edition of the Law and Benefit Review. Much is happening in ‘our’ world with many price increases being announced in the UK from mail charges, TV licences, NIC, etc. Hopefully, April’s state benefit’s and pensions increases may cover these increase’s.

EXHIBITIONS

NAIDEX
BETWEEN APRIL 28TH AND 30TH 2009 AT NEC IN BIRMINGHAM.
FOR MORE INFORM LOG ONTO www.naidexshow.co.uk

INCREASED ROYAL MAIL POST CHARGES

On Monday 6th April 2009 new Royal Mail prices will come in to effect. Below is a summary of the main changes.

Details of the letter price changes are also available in Braille, large print and audio versions. You can order these by calling us on 08457 950 950. Royal Mail also offer a text-phone service for the deaf or hard of hearing. Call on 08456 000 606.

First Class Letter
The 1st Class Letter price will increase to 39p for stamp and 36p for meter.

Second Class Letter
The 2nd Class Letter price will increase to 30p for stamp and 25p for meter.

Special Delivery® Next Day
Royal Mail Special Delivery® Next Day will increase by 35p to £4.95 for mail up to 100g.

PENSION QUERIES OVER RULE CHANGES

The pensions helpline has been swamped with calls because of rules changes

Next month, the cost of topping up national insurance contributions will go up by 49%, and the time over which top-ups can be made will increase. Ministers say this will help women who made no payments when raising children. The Pensions Advisory Service who will advice you on this matter can be contacted on its helpline on 0845 601 2923 this week.

The cost of topping up missed contributions will increase to £12.05 a week from £8.10 a week from 6 April 2009. There will also be changes to the number of years people can back pay. The right to make voluntary contributions for the period between 1996 and 2002 is being withdrawn for some people. However, after April, some will be able to top up 12 years, where currently the maximum is six. The new 12-year rule is particularly aimed at women who left the workforce to raise families or care for other relatives.

Before contemplating paying any pension contribution arrears, work out if its going to be financially worthwhile particularly if you ‘owe’ 25/30 years of contributions having resided abroad and have now returned to the UK. The above changes will not benefit everybody.

DEALING WITH BAILIFFS AND DEBT COLLECTORS

Debt Collectors are often difficult to deal with, and as such it is important to know your rights.

If a Debt Collector receives debt payments from the public they must have a consumer credit license which is issued by the Office of Fair Trading (OFT). You may demand to see this document. As such if you feel they are acting in an inappropriate or aggressive way you can report them to the OFT who will investigate your complaint. Whilst you are still bound by the contract you signed with the creditor it is important to remember that they are not allowed to treat you unfairly and make unreasonable demands, nor are they allowed to demand access to your property.

You are protected by the law (e.g. the Administration of Justice Act 1970 which protects you from harassment) and you should not be made to feel like a criminal. Often when a debt collector or bailiff realizes you are aware of your rights and willing to stand up to them they will move on to an easier target.

At a time when money is ‘tight’, many of us could easily fall foul of the law resulting in a call from a Bailiff or debt collector, so therefore you should be aware of your rights. We would suggest that you log onto either www. direct.gov.com.uk or www.insolvencyhelpline.co.uk or www.clearing-debt.co.uk where your full legal rights are shown. Read these website carefully so that you know your rights and challenge what the Bailiff says is fact or fiction. Bailiff’s exist on percentages added to the debt that is owed and these percentages can be considerable, so make sure you know what you are talking about by reading the above websites. Court costs also add to the original debt costs, and with the bailiffs charges sometime’s add up to more than the original debt.

If a debt collector or bailiffs calls at your home do not allow him/her entry into your home under any circumstances despite what ever they say, unless they have a Warrant permitting entry into your home or a Walking-Possession Order issued by a court. If the bailiff finds an ‘open’ access such as an open window then they MAY have a right of entry. Seek help from the Citizens Advice Bureau or similar organisation.

If you feel that you are falling into debt, contact the people to whom you owe the money to and explain your financial situation, DO NOT IGNORE DEMANDS FOR PAYMENT, otherwise this may result in debt collectors and/or Bailiffs being instructed.

NEW SAT.NAV. FOR BLUE BADGE HOLDERS

Like them or hate them, satellite navigations systems are here to stay.

A new European satellite system is being developed to permit the European continent to have it’s own system rather than rely totally on a USA ex-military satellite system as Sat. Navs. used in the UK do now, which may well be the cause of many of the problems experienced by users of UK Sat. Navs.

A new satellite system aimed at assisting disabled people and blue badge holders has been developed by BBnav. The main aim of the device, apart from helping drivers to navigate around the UK, is to locate blue badge disabled parking bays, parking restrictions, accessible public toilets and locations that are ‘disabled friendly’. The new Sat. Nav. displays various different symbols indicating parking, spaces, loos, etc. but so far does not indicate the location of ‘green’ badges that many local authorities have introduced for parking in areas such as central London, maybe this will come in future updates.

At least one of the function buttons could be difficult for a person with limited dexterity, but there is a ‘wand’ device that may be used instead of the operating buttons. As with any Sat. Nav., BBnav takes time to get used to, which incidentally should be carried out when not driving, but when mastered, should be of some help to blue badge holders desperate to find a disabled parking bay in a strange location. The cost is £195, which these days is expensive for a Sat.Nav. with many of them appearing on the market for less than £70.00 but of course without the blue badge and other so far unique information. It makes you wonder when other Sat. Nav. Suppliers will include such information on their own databases?

The BBnav databases are owned by the Public Information Exchange who has sold the rights of Naveva to use their disability related information which are available online with a copy of the Blue Badge Guide as and when they become available at a charge no doubt. Some 150 UK cities are covered by the database at this time which will be expanded in time along with other available information. The database information is currently only available in the UK, with the possible hope in time of an expansion of the information to all European destinations with ‘add on’ databases showing similar information as the UK data.

STRATEGY FOR THE NEW EUROPEAN COMMISSION PROPOSED REGULATIONS’ ON DISABLED PASSENGERS RIGHTS IN COACH AND MARITIME TRAVEL

It has been agreed on the proposed strategy and the following recommendations which have been submitted to the EU institutions in view of its lobbying actions :

- no exceptions to the right of persons with disabilities to travel for “safety reasons” can be accepted
- all important information (before, during and after travel) shall be available in accessible formats
- a more flexible approach to the notification of assistance needs must be allowed, especially in urban and short distance travel
- complaints handling systems must be accessible, and victims of discrimination should be entitled to compensation.

BENEFIT ERRORS CAN NOW BE RECOVERED

The government is entitled to take legal action to recover social security benefits it paid "by mistake", a judge has ruled.

The Child Poverty Action Group had argued that ministers had no power to seek to claw back overpayments where the recipient had done nothing wrong, but in a test case the High Court ruled the government was "entitled to ask for money back" under common law. Lawyers said the ruling could impact on hundreds of thousands of people.

Between March 2006 and February 2007, the government wrote to 65,000 claimants who had received too much in benefits, saying it was allowed to ask for the money back, and seek recovery through the courts if necessary. Deputy High Court Judge Michael Supperstone QC ruled against the action group's argument that the Work and Pensions Secretary had no power to do so. The Judge declared that under common law the government was "entitled to ask for money back on the basis that the recipient was not entitled to receive it". However, recognising the widespread implications of his ruling for many people, he gave the group permission to appeal against the decision.

If the judgment stands, this can be done even where a claimant has an appeal tribunal ruling that an overpayment should not be recovered as there was no failure to disclose relevant information and no attempt was made to misrepresent the facts. At least £2.6 bn in UK benefits was lost through fraud and errors in the year to March 2008. Official statistics confirmed that 2% of the total benefit bill was overpaid, including a £380m overspend on pension credit. The government had previously been criticised for problems with overpayments of its tax credits. More than £6bn has been mistakenly paid since they were introduced in 2003.

AIR PASSENGERS’ RIGHTS

Urgent need of examples of discrimination in air transport is being asked for by the European Union.

During the last meeting of the working group on passengers with reduced mobility of the European Civil Aviation Conference (ECAC) in Paris on the 17th of February 2009, the European Commission mentioned that they have received very few complaints under the new regulation 1107/2006 on the rights of persons with disabilities when travelling by air. The representatives of the National Enforcement Bodies reported the same lack of complaints.

However, there is awareness that there are several difficulties with the implementation of this regulation in various countries across the EU including the UK if media reports are to be believed. Many airlines still do not have accessible websites, high quality assistance is not always provided to passengers with disabilities, some airports have implemented the regulation without consulting with representative disability-organizations, some airlines still have quotas as to the number of persons with disabilities that they accept on board a certain flight etc. Unless these problems are highlighted through complaints from passengers, the regulation will not be effectively enforced and discrimination will, as a consequence, continue to occur.

EU Agencies are encouraging persons with disabilities, who have experienced any kind of inconvenience or discrimination due to their disability when travelling by air, or know of such persons that have been subjected to discrimination whilst travelling by air or at airports, by airport staff, cabin staff on the aircraft at any airport in the UK or within the European Union since the regulation entered into full application on the 26th of July 2008 to report it to the committee. We can do this easily for you if you contact us A.S.A.P. please or email (Irina.papancheva@edf-feph.org) and the European Commission (Marc.SKREIKES@ec.europa.eu) providing as much detail as possible, your name and address, dates, times, airport, and what happened to you. Without such feed-back, EU Directives will not be able to work correctly resulting in disabled travellers continuing to be discriminated against.

THE DEMISE OF THE 1995 DISABILITY DISCRIMINATION ACT

After much heralding of this Act of Parliament in 1995, and continuing support thereafter, has the DDA been all that successful after almost thirteen years?

Well yes, many improvements have been made insofar as access is concerned to goods, services and buildings but on the other hand many thousands of businesses, shops, hotel’s trains, buses, restaurants, etc. still remain inaccessible to disabled people, with seldom any action being taken to prosecute offending owners and businesses when they failed to provide what the law through the DDA said that “reasonable access” must be applied. A few high profile cases over the years involving airlines and well known stores have been much in evidence through the media. The failure’s of the 1993 Act to do “exactly what it says on the packet”, could be the complexity and cost of the legislation to assist disabled people who have been discriminated against by service providers.

After the Disability Discrimination Act 1993, as amended, became law in the UK just over twelve years ago, several European Directives to provide fuller and better access, services and assistance to disabled travellers whilst using, buses, coaches, hired vehicles, trains, aircraft and passenger shipping, but despite this EU legislation, massive failures have occurred and continue to occur for one reason or another to disabled passengers. Airline staff are still dropping ’clangers’ along with railway staff and taxi drivers, The European Union should be the worlds greatest area, apart from the USA possibly, for disabled people to move about freely and without the continuing added complications of ‘accessibility’. If only the legislation and directives introduced into law, worked as promised in the pre-rhetoric by MPs’ MEP’s and government and EU agencies.

In April 2009, the United Kingdom government will publish the new Equality Bill. It is said that the Bill would bring together all existing equality legislation, including the unique and vital features of the 1993 Act, as well as replacing the Disability Discrimination Act 1993 completely, which incidentally was the first piece of UK legislation of its kind.

Having read through mountains of papers published before the arrival in April 2009 of the Bill itself, the writer is of the opinion that there will still be many problems in providing protection to the disabled, still no positive definitions or clarity of the word ‘disability’, continuing problems with the rights of members of the armed forces and their volunteers and the full rights of disabled children being educated. Importantly, and disappointingly, it appears that it will be equally difficult to enforce the law relating to accessibility and justice as it was with the 1993 DDA Act.

What is required from the Equality Bill is legislation that will improve positive and comprehensive rights across the board for all disabled people, as well as legal redress which is at least reasonably easy to enforce in a practical manner to those who are forced to so act, but will we get it or will the Equality Bill be a re-hash of the Disability Discrimination Act 1993?

DISABILITY DISCRIMINATION BILL 2004
[The Bigger Picture on the Disability Discrimination Bill]

When the Disability Discrimination Bill was published in the House of Lords in November, 2004, the government claimed that the new legislation to improve the rights of disabled people would make challenging discrimination much easier.

Alan Johnson, Secretary of State for Work and Pensions said at the time: "This is a landmark piece of legislation. It forms a crucial part of the government's wider commitment to the agenda of improving the lives of disabled people.”

Campaigners welcomed the new bill and said it will advance civil rights for Britain’s 60 million disabled people. The Disability Rights Commission (DRC) said the bill was “a major step forward in ending the discrimination disabled people experience when trying to travel in Britain”. The Bill, announced in the 2008 year's Queen's speech, will amend the 1995 Disability Discrimination Act, which over the past few years has introduced tougher powers to protect disabled people.

THE DISABILITY DISCRIMINATION ACT 1995.

The Act defines a disabled person as someone with "a physical or mental impairment which has a substantial and long-term adverse effect on his/hers ability to carry out normal day-to-day activities".

The Act gives disabled people rights in employment, access to goods, facilities and services, and buying or renting land or property. The legislation has been implemented in three phases.

Phase one set out rights for employment and access and came into force on 2 December, 1996. This made it illegal to treat disabled people less favourably because of their disability. Further rights of access came into force in phase two on 1 October, 1999, which forced employers, including small firms with more than 15 staff, to make reasonable adjustments to their premises to help disabled employees.

The third and final phase announced in October, 2004, set out more rights of access. These obliged businesses to make permanent physical alterations to their premises to help disabled people, such as adding wheelchair ramps. The legislation, although welcomed by disability rights campaigners, has raised several issues, such as what alterations an employer was reasonably expected to make and who would pay for physical alterations to business premises.

The Act made clear that the cost of making “reasonable” adjustments to business premises could not be passed onto disabled people, but the Act left the definition of “reasonable” alteration open. In broad terms, reasonableness will depend on the type of service being provided; the nature of the service provider and its size and resources; and the effect of the disability on the individual disabled person”, said the Act. For example, judges at an appeal court in London ruled it was unlawful for low-budget airline Ryanair and Stansted aiport to pass the cost of providing wheelchair assistance on to a disabled passenger.

The wheelchair assistance was an auxiliary service and the disabled passenger could not be charged for it, said the judges. The ruling was also in line with draft European Union disability legislation said the DRC, which backed disabled man Bob Ross in his claim.

The final step in meeting the government’s 2001 manifesto commitment to extend rights and opportunities for disabled people was the Disability Discrimination Bill, which was introduced into Parliament on 25 November 2004. The bill widened the remit of the Act by covering more people and organisations. Among the provisions, rail vehicles must be fully accessible to disabled people by 2020. The laws on making reasonable adjustments to premises will be extended to landlords, managers of other rented premises; and larger private clubs.

The bill extends the Act by including people with HIV, Multiple Sclerosis and cancer, which annually will bring in 175,000 additional people within scope of the Act. Disability legislation will also cover schools examination bodies, and disabled councillors will be protected against discrimination by local authorities.

Rules on the Blue Badge Parking Scheme for disabled people will be reciprocated with arrangements in other European countries.

Disabled people dealing with landlords and managers of rented property will have greater rights, but the bill does not force landlords to make physical alterations to buildings, such as putting in stair lifts. The DRC has welcomed the bill but wants the government to do more to make housing more accessible for disabled people. It said 18,000 disabled people live in unsuitable accommodation because landlords refuse to carry out vital adaptations that would ensure that disabled people can live independent lives. The DRC wants an amendment to the bill that would ensure consent to make adaptations could not be unreasonably refused.

WORKING GROUP ON RAIL DISABLED PASSENGERS RIGHTS REGULATIONS
[UPDATE]

The first meeting on the implementation of the disability provisions of Regulation 1371/2007 on rail passengers´ rights and obligations took place on 24 February in Paris. The meeting was hosted by the UIC (the International Railway’s Union).

The purpose of the meeting was to discuss how to work together in order to ensure a correct implementation of the disability-provisions under this regulation. The meeting underlined the need to implement the regulation in all its elements, and in particular the need to provide accessible information of respecting the right of persons with disabilities to buy tickets at no additional costs and the cooperation with disability organizations during the implementation process.

It was also highlighted the importance of providing the assistance needed to disabled passengers in order to allow them to access all services available to passengers on board and to be ensured at least assistance to board and disembark also at unmanned stations.

The group did not have the time to discuss the proposal by EDF for introducing European standardization on the design of the “call points”, where persons with disabilities are requested to announce their arrival at a railway station and their needs for assistance.

OLDER PEOPLE FACE SOCIAL CARE FUNDING CUTS

Spending on social care services for vulnerable elderly people has been slashed in the past year, leaving thousands without the care and support they need

According to three leading charities who are highlighting evidence from a new NHS report into social services expenditure, in real terms, there has been a decrease of £150 million for elderly people’s social care services, a drop of two per cent.

The elderly were one of the only groups to face spending cuts in care services last year. The ‘Right care Right deal’ campaign is warning that these cuts, combined with tightening eligibility criteria and an ageing population, mean millions of elderly and disabled people will go without the care and support they need.

Paul Cann, Director of Policy and External Relations for Help the Aged and spokesperson for the Right care Right deal campaign, says: “It’s disgraceful that older people have once again been the victim’s of spending cuts – for many, a two per cent decrease will mean a reduced care service or no care service at all. In reality this might mean people can't get up in the morning, leave the house or shop for food, all at a time when the number of elderly people is growing in the UK. Shortly, the coming Social Care Green Paper will act as an indicator for whether the Government is committed to improving care for older people.

The ‘Right care Right deal’ campaign also highlight’s:

• 2,450,000 older people in England have care needs
• 80 per cent of people in need of home care do not get it from the state
• According to CSCI, 1.5 million people in England have care and support needs that the state does not meet
• There are between five and six million unpaid carers looking after a relative or friend

Carers are currently saving the UK economy an estimated £87 billion a year

EU NON-DISCRIMINATION RULES

Since the reference to non-discrimination on the base of disability (Article 13) included in the Amsterdam Treaty in 1997, EDF has been campaigning for a comprehensive non-discrimination legislation for disabled citizens in the European Union.

Following 2003, the European Year of People with Disabilities, EDF reinforced its campaign for further non-discrimination legislation on the following three key developments :

• The UN Convention on the Rights of Disabilities was adopted in December 2006 and was put into force last May. It provides an obligation for comprehensive non discrimination on disability legislation.
  
  
• In addition to that, EDF campaigned through the ”1million4disability.eu” campaign for a disability specific directive and for comprehensive legislation tackling discrimination in all areas of life beyond employment obtaining 1.364.984 signatures.
  
  
• Support for a disability specific directive by a majority of Member States.

As a result of the pressure of the Liberal and Socialist groups in the European Parliament, on 2nd July 2008, the European Commission has decided to come forward with a horizontal directive concerning the equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation.

2. What is the content of the non-discrimination legislation proposal ?

To set out a legal framework for the prohibition of discrimination on these grounds outside the labour market and complement the Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (the Employment Directive).

Article 2 – direct and indirect discrimination
This article covers direct discrimination, indirect discrimination, harassment, and instruction to discriminate as forms of discrimination. However, neither multiple discrimination, nor discrimination by association (despite the recent ECJ judgment in the Coleman case) are explicitly covered by the Directive.

Article 3 – social protection, social advantages, education, access to and supply of goods and services

Article 4 provides that the scope of the Directive includes social protection (including social security and health care), social advantages, education, and access to and supply of goods and services which are available to public. In terms of access to goods and services, only professional or commercial activities are covered. Most problematically for persons with disabilities, provision of special needs education is explicitly excluded from the scope of the Directive.

Article 5 – equal treatment of persons with disabilities
This article specifically addresses equal treatment of persons with disabilities. It provides that accessibility to persons with disabilities should be provided in anticipation if it does not impose a disproportionate burden nor require fundamental alteration of the scope of the Directive or provision of alternatives. In addition, reasonable accommodation should be provided too, unless it imposes disproportionate burden.

WATCH FOR THE PADLOCK

Where to start? The golden padlock found on ‘secure’ websites ensures that the site has been encrypted, scrambled or coded for the users protection.

As we all know, website addresses commenced with www. or http:// but more importantly the secure sites start with https:// which indicate that the site is secure. This is particularly important when surfing bank, credit and debit card sites, so always look for the Padlock symbol, especially if you're buying off someone for the first time. It's a good indication that they're reputable.

Before entering sensitive information (such as your credit or debit card details) into a website, you should always check that this information is being handled in a secure manner. Make sure that the data being sent is encrypted (i.e. scrambled or encoded) as this makes it much more difficult for anyone else to read or change your personal information. Whenever you are typing in personal information, make sure that the web address (in the address bar) begins with https (the s stands for 'secure'). Also check to see if a small locked padlock appears in the browser window (see images below). With Internet Explorer 7 the padlock is located next to the address bar. Using Firefox the padlock appears in the bottom of the browser frame. With an Apple computer (Safari browser) the padlock appears in the upper right hand corner of the browser frame. REMEMBER - The 'padlock' is one way, the only way really of checking that a website is secure and indicates that your information will be encrypted or remains as safe as possible.

MOBILE-PHONE NETWORK TO ALLOW 999 ROAMING.

The five main mobile phone networks have agreed to introduce changes which will allow their customers to make a 999 emergency call on a rival network.

Unlike in much of Europe, the UK currently has no provision for a 999 caller to "roam" onto another network to make emergency calls. The networks are testing technical changes to make this possible by the end of 2009. The intention of these changes is intended to help callers in some rural and mountainous areas where reception on certain networks can be patchy such as Wales, Scotland, Lake District and open moor-land. These proposals will not affect ‘normal’ calls where if problems exist now, they will continue to exist in the future.

AGE CAMPAIGN AWAITS EURO VERDICT

The European Court of Justice [ECJ] is to rule later on whether it is legal for employers in the UK to force workers to retire at the age of 65.

The case is being brought by Age Concern, which says one in eight MPs would be out of a job immediately if the rule applied to them. A British employer can dismiss a member of staff without redundancy payments on that person's 65th birthday.

Age Concern says this breaches the EU's Equal Treatment at Work Directive. The government points out that existing employment equality regulations do give employees the right to formally request to carry on working beyond 65. It says the existing law will be re-examined, and could be relaxed further, in 2011. Help the Aged's Paul Cann accuse the government of double standards and are awaiting a judgement from the ECJ due to take place at 0830 GMT. On March 5 2009.

Solicitors have said that the law needs urgent clarification. The ECJ's decision will guide the High Court when it comes to consider whether the government can justify default retirement at 65. There are also claims of age discrimination by workers who have been retired against their will, which are on hold until the ECJ has given judgement. Paul Cann added "Ageism in any aspect of society is abhorrent. It is high time the government delivered on its promise of equality for older people."

FLIGHT HEALTH ISSUES FOR ELDERLY PASSENGERS

Growing numbers of older passengers and ever longer flights mean the likelihood of health problems in the skies is increasing, US researchers suggest.

From blood clots to flu pandemics, both travellers and authorities should be aware of the risks - and seek to minimise them - the Lancet medical publication review urges. An ageing population means passengers are boarding planes with existing health problems, researchers warn.

Extended flight times could also increase the risk to health, they say.
The review of the many studies into the health risks of flying found an overall association between air travel and venous thromboembolism (VTE), which occurs when a blood clot in a leg vein travels through the body to the lung.

To avoid VTE, keep hydrated, change positions, walk through the cabin, perform calf exercises, wear compression stockings but seek your GP’s advice first. Some 75% of air-travel cases of VTE have been linked to lack of movement while on board - although economy passengers are no more likely to develop clots than their counterparts in business, the review found. Risk was at its highest in flights of eight hours or more, but one study found the risk started to climb at four hours, the Lahey Clinic Medical Center team, led by Dr Mark Gendreau, found. London to the west coat of the USA is well over 8 hours, as is Canada and often Florida when flying against the wind. Australia, New Zealand and the Far East are obviously also well over 8 hours, so please seek your GP’s advice before flying, and if you require oxygen during the flight then please ensure the airline will allow you to board with your own oxygen supply in cylinders. Very many airlines do not permit the carriage of oxygen under any circumstances except for emergency use. The airlines will charge heavily for the use of emergency oxygen by people normally dependant on it. Travelling long distances by air when you are reliant on oxygen is a difficult problem to overcome due to the restrictions on the size of the portable oxygen cylinder to be carried, and please do not forget that you have the return flight to negotiate, so therefore if you rely on an oxygen supply then [a] your ’out-bound’ cylinder will no doubt be empty and [b] where would you get the cylinder refilled whilst abroad to use on the return journey?, so please make all the necessary enquiries before booking your ticket.

It should be remembered that the size of the cylinder containing the oxygen permitted to be taken on board is more than likely to be small which will only supply less the one hours use, so the obvious question is, where will the extra oxygen come from? As we have said, airlines will charge large amounts of money to users of their emergency oxygen system who rely on or are dependent upon oxygen for one reason or the other.

New aircraft like the Airbus A380 and Boeing 777-LR could extend flight times to up to 20 hours - although the researchers noted that the improved cabin air quality and passenger seating on board should, in fact, increase some aspects of passenger wellbeing.

It was recently announced by the US Government, as we reported last month, all USA airlines will in the future permit the carriage of oxygen by people who require it during the journey on flights from the United States, so it might be any idea to check with USA airlines for your flight.

HOSPITAL BUG ACTION

Scotland’s Parliament at Holyrood five opposition parties have united to launch an action plan to tackle hospital-acquired infections.

The proposals, drawn up with the help of expert Professor Hugh Pennington, aim to halve the number of C.difficile cases within two years. The move came after an outbreak at Vale of Leven hospital in Dunbartonshire, in which 18 patients died. The opposition parties plan has gone beyond current government action by suggesting a new hospital infection Czar be appointed to police hospitals.

The plan, which is being debated at Holyrood, also called for the fitting of automatic, sensor-operated taps to cut the spread of infection, and isolation facilities for all C.diff or MRSA patients.
Labour's Jackie Baillie said the action plan was a comprehensive and effective alternative to the government's complacent and piecemeal approach. A total of 55 people at the Vale of Leven hospital were affected by the bug, and 18 patients died, between December 2007 and June 2008.

COMMENT: Scotland’s radical and quick response to the Vale of Leven C/diff outbreak should make Westminster ashamed of their add hock approach to the problems in England and Wales. Its only seven months since the enquiries were commenced, and already the above action is planned and in some areas already implicated.

MIGRANTS TO FACE TIGHTER WORK RULES

Non-EU migrants should not be able to take a skilled job in the UK unless it has been advertised to British workers first, say through Job Centre Plus.

The government had to make sure policy on overseas workers was "responding to the current economic circumstances", so says the UK Home Secretary Jacqui Smith. Workers from non-EU countries are categorised by a points-based system that decides whether they can find work in the UK, while there are no restrictions on EU citizens. This problem could, in years to come, as the number of non-UK-born workers in Britain reached 3.8 million last year [2008] all of which in due course will seek employment, possibly in the UK.

This ‘tightening-up’ of such employment rules could affect disabled and elderly people advertising for nursing staff to look after them. Nursing is a ‘professional occupation’ and could well fall under these propels of the Home Secretary. We will continue to monitor these proposals and update them in due course.

It could be said that these proposals follow in the foot-steps of our previous article’s on the employment of EU and non EU people in the ‘caring’ sphere and the employment of same without genuine and valid documentation.

NEW PENSION SYSTEM

A new national pension system, to be launched in 2012, will benefit almost everyone who saves in it, according to a government report.

The new scheme, called personal accounts, will top up payments from the basic state pension. It will use automatic enrolment to persuade millions of workers to save.

The report was welcomed by consumer groups and the TUC, although some analysts warned of over-ambitious assumptions in the government research.

The 142 pages of research and analysis by the Department of Work & Pensions (DWP) suggest that almost everyone will be better off in personal accounts, even if they then lose entitlement to some benefits. "Even after inflation, virtually everyone can expect to get back more than they put away," said the minister for pensions and the ageing society, Rosie Winterton.

"The research confirms that we are absolutely right in moving forward with the recommendations of the Turner Commission and the decision to introduce auto-enrolment in 2012," she said.

However a warning note was sounded by the Pensions Policy Institute (PPI), which said the government's conclusion needed "careful interpretation".

This finding is based on a specific set of assumptions which may, or may not, transpire in the real world, such as inflation and a world recession such as we have now, which means that you may not get back what you put in. All individuals who save in money purchase pension schemes are exposed to the risk that the value of their pension pot can go down as well as up, or like what has occurred in the UK over the previous five years is that the pension scheme is wiped out all together.

The new top-up system will sit alongside the gradual raising of the state pension age, and the restoration of the policy of raising state pensions in line with earnings rather than inflation, as a major reform of pensions in the UK.

The idea of personal accounts was first proposed in 2005 by Lord Turner, after his Pensions Commission published two major reports into ways of increasing the number of people saving adequate amounts for their retirement.

Contributions from workers, employers, and the benefit of tax relief, will see a key concern about the new scheme has been the extent to which some poor people might lose entitlement to various means tested benefits if they saved more for a pension, and whether or not this might deter them from taking part.

Although there have been concerns about the interaction between pensions and means-tested benefits, but the vast majority of people should benefit from saving after the 2012 reforms

NEW FORM OF CLOSTRIDIUM DIFFICILE [C/diff]

A new form of C/diff that could be more “potentially dangerous” than known up to now has been found in Scottish hospitals.

The new strain is known as Type 078 nd so far 16 cases have been detected. So far, no trace can be found of any reports in England and Wales.

The information was revealed in a reply to a Scottish Parliamentary question. The Scottish health care agency, Health Protection Scotland, are aware of this strain, and are carrying out further studies to understand its virulence. The emergence of this new strain shows there is no room for complacency in the fight against hospital super-bugs.

The C.diff bug played a part, either directly or indirectly, in the deaths of 18 people at the Vale of Leven Hospital in West Dunbartonshire between December 2007 and June last year and ’affected. 33 others. This matter is still being investigated by the police and other agencies.

PATIENTS TO GET THEIR OWN NHS BUDGETS

Patients are to get their own health budgets so they can pick and choose what NHS services they want.

Ministers will include legislation in the Health Bill, due to be unveiled later, to allow the scheme to be piloted in England later this year. Personal budgets have been used in social care since the mid 1990s and ministers now believe they can empower patients to get more from the NHS.

The personal budget programme employed in social care includes direct cash payments to an individual as well as national budgets that a patient can put in the hands of a social care professional. In total, over 60,000 have taken up the option. Personal budgets have just begun to allow people in social care to be much more imaginative and use funds more carefully than the system did. Is the any reason why this should not happen in health.

Where direct payments are handed over to individuals the way they are used is carefully monitored and people receive help from professionals about what services are available. There is a growing body of evidence to suggest health outcomes are improved when the patient is directly involved in making decisions about their treatment and the way in which care is delivered by NHS staff although there are significant barriers that need to be overcome before this policy is rolled-out nationally.

Should patients be allowed to spend their personal budgets on non cost-effective treatments? Should individuals be allowed to top-up their care? Should patients be allowed to invest personal budgets to be spent at a later date? Personal health budgets could revolutionise the way in which care is delivered, but they are not without risks.

Launching the Bill, Health Secretary Alan Johnson said: "People rightly have high expectations of the care the NHS offers, and they want more control over their own health - which is why this Bill will give more power to patients and drive up the quality of care."

Shadow health secretary Andrew Lansley said: "Personal budgets have been at pilot stage since 2005. If Labour had stuck to their promises to deliver them then patients would already be benefiting".

Scotland and Wales currently have no plans to introduce personal health budgets.

No mention of the ‘personal budgets’ being used for ‘private’ use in hospitals such as the Nuffield Group?

SAGA WITHDRAWS THEIR CREDIT CARDS

Thousands of pensioners with Saga credit cards face losing them because they do not have a big enough income.

The company, which presents itself as supporting older consumers, is writing to some 230,000 people to alert them to the change of policy. It comes amid suspicions that banks are taking a tougher line on lending to older people by cutting the credit available or turning them away as it would appear that the credit crunch is disproportionately affecting older people, not least because they have seen their income from savings savaged by rate cuts.

The change by Saga relates to Visa credit cards which are backed by the Liverpool Victoria finance company. Liverpool Victoria has decided to stop offering credit cards with the result that Saga and other organisations have had to find new backers of the Visa card. Saga has shifted to the Allied Irish Bank, however it has decided to refuse a credit card to any customer with an income below £12,000 a year.

£100 MILLION PLUS JUST TO PARK AT NHS ESTABLISHMENTS

The NHS in England makes at least £110m a year from car parking charges, figures show.

Patients and their visitors paid out £83.1m in 2007-8 to park at NHS buildings, including hospitals. Staff also handed over more than £27m.

The true income is also likely to be higher as 68 out of nearly 570 trusts did not provide data. Scotland and Wales are phasing out charges, but ministers in England have once again ruled out scrapping fees - no change there then. Hospitals make by far the most from car parking with three trusts earning over £2m in the past year.

In some cases, hospitals are charging patients over £3 an hour to park. The highest rate was at Worthing and Southlands hospitals in Sussex, which are run by the same trust and charge £3.20. The Department of Health says ““ We do not think it a sensible use of tax payer's money to subsidise free car parking at hospitals for anyone who wants to use it ”

The figures, revealed by the government in response to a parliamentary question from the Tories, also included community health centres and clinics but not GP surgeries. Shadow health secretary Andrew Lansley said charges in some areas might be too high and putting off people visiting relatives in hospital.

He added hospital chiefs had been forced into charging because of the government's mishandling of NHS finances. The move to free parking in England is not a sensible use of tax payer's money to subsidise free car parking at hospitals, clinics and health centres for anyone who wants to use it, so says the Dept. of Health, however, hospitals are supposed to have concessions in place for people who have to use hospital car parks regularly and arrangements in place for staff parking, so if you have a ‘long-term’ patient or relative to visit, then make enquiries at the hospital concerning parking charges.

TELLY COSTS £3.00 MORE FOR COLOUR AND £1.00 FOR BLACK AND WHITE LICENCES

The cost of a colour television licence is to rise by £3 to £142.50 from April 1 2009. The Department for Culture, Media and Sport has announced that black and white only licences will also go up by £1 from £47 to £48. The increase is being brought into effect by an order laid in the House of Commons.

It follows the six-year BBC funding settlement which began in April 2007. The licence fee increase is set at 3% for the first two years of the settlement and 2% in years three, four and five. This year is year three. The six-year settlement is helping the BBC cope with a period of rapid change. It will help support the digital switchover in 2012, including funding and delivery of a help scheme to vulnerable people. The corporation is also in the process of moving significant production to the north west of England, which should bring an estimated £1.5 billion and 15,500 jobs to the area.

RISE IN STATE BENEFITS URGED FOR THE BLIND

Blind and partially sighted people are calling on the UK government to end their exclusion from benefits they argue they should be eligible for.

The group are not considered sufficiently immobile to claim a higher rate of Disability Living Allowance (DLA) if they can walk, but an amendment to the Welfare Reform Bill which is being tabled next Tuesday could change the situation.

Disability Minister Jonathan Shaw has voiced his sympathy for the campaign. Ceri Jackson, head of policy at RNIB Cymru, told BBC Wales' The Politics Show: that “People that are physically disabled who might use a wheelchair would be entitled to this benefit and that's absolutely right, but those people may also be able to use a car. If you're blind or partially sighted you can't drive so you're really reliant on family and friends or taxis.

The difference between the lower and higher rate of DLA amounts to £29 a week. Many blind and partially sighted people believe the extra money would make a tremendous difference to their lives. The lower level of allowance is just £17.75 a week. A lady who lost her sight nine years ago, said the high cost of taxis limits her ability to leave the house without assistance. She further said an increase to her DLA would immediately give her more independence.

An amendment will be tabled to the Welfare Reform Bill by a Scottish MSP and the Cardiff South and Penarth MP Alun Michael, who is backing the move, said: "If the amendment isn't accepted I would hope we would at least hear from ministers that they're going to pick this up and do something about it.

Thanks for being with us this month, see you in May 2009.