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.
July 2006
[edition 4]
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THANK YOU for joining us for the JULY 2006 and the 4th re-vamped edition of our in-house publication which is produced monthly by Disability Matters and the third edition to be carried on the world wide web enabling the worlds population who are ‘on-line’ themselves to view. The Law and Benefit Review has been around for some five years now and has recently under-taken an extensive makeover in order to comply with UK government and European Union guidelines and standards along with international requirements to ensure that the website obtains at least a minimum EU standard which we have achieved. In order to improve on this, work is being currently untaken to achieve double ‘A’ standards as quickly as possible. [See document two ‘Accessibility’ in the websites at the commencement of our website introduction]
We are continuing to update previous articles. For instance, one of these issues is the continuing and lingering concern about future state pensions, reported upon in article 3 of this edition and to reveal proposed changes and expose future revelations on this sensitive subject and others.
We hope that the information we expose this and every month will have some benefit to you all and particularly to disabled and elderly people who often find it difficult to obtain such detailed information as to what’s going on around them and which they really should need to know about. How else would you all be able know all this other than through the website www.lawandbenefitreview.co.uk? There is no other place worth looking at other than Law and Benefit Review so enjoy this months edition.Disability Matters who operate this website, is only too aware that both elderly and disabled people who are totally reliant financially upon state pensions and benefits are repeatedly finding it hard to make ends meet. One of the objects of the Law and Benefit Review is to include articles and information that could directly financially affect the daily lives of disabled and elderly people for the better, and, where possible, include articles that may save people money. Three example’s of this, are items 4, 6 and 13 in this months issue.
Whilst we are not saying you will definitely make a saving, but there is every possibility that you will. In item 6 alone, £2.50 would be saved by not taxing your vehicle ‘one-line’ because that’s what you will be charged for the privilege of using these facilities. Of course this charge has to be compared to driving to the nearest post office, parking, etc. Hopefully we will continue to report on such issues in the future.
JULY 2006 CONTENTS
BENEFITS, PENSIONS AND DISABILITY ISSUES
1. Disabled Discrimination Act 2005
2. Travel insurance for disabled and elderly people
3. State Pensions
8. Reform threats to Post Offices
11. DDA action in the Courts
16. European Air Travel Rights
17. New Access Rights in Europe
20. Independent Living [1993] Fund increases
MOTORING
6. Vehicle Licence application forms [V11]
9. Vehicle Excise Duty
13. Cheap Petrol and Diesel - article
12. Have you been introduced to MAVIS yet?
15. Get to know the Highways Agency Traffic Officers
22. Service Call
GENERAL MATTERS
4. Ring the right number to save money
5. European Health Insurance Cards
7. Independent Complaints Advocacy Services
10. National Insurance Numbers
14. The Police and Justice Bill 2006
19. Monthly Quickies
21. Housing matters
23. Gas, Water and Electricity rises.
BAYWATCH
We at Disability Matters support the aims of the Baywatch Scheme which unfortunately has not proved very successful so far. Little appears to have happened during 2006 as the Baywatch website, www.baywatchcampaign.org indicates. Much effort has been made to deal with the question of disabled parking bays being used by ambulant drivers but unfortunately the ‘back up’ that is so necessary has not been sufficient enough and all appears to have gone quiet. Much depends on the Mangers and operators of supermarkets for their support in engaging staff to frequently check disabled parking bays for improper use - the lack of this co-operation if often the reason why disabled parking bays are abused.
Disability Matters will try to revive the aims of Baywatch in the Cirencester area by visiting local supermarkets unannounced and surveying the parking spaces allocated to disabled drivers. All three supermarkets in the area, Tesco, Waitrose and Lidell all have outside staff appointed to supervise the disabled parking spaces, but seldom, if at all, do you ever see any action being taken against ‘offenders’. Cirencester hospital also has clearly marked disabled parking bays which unfortunately are continually being abused by ambulant drivers. Again a property company is employed to supervise these spaces and repeatedly cars not displaying Blue Badge are found parked in six disabled parking spaces. In the August 2006 Law and Benefit Review edition there will be an article concerning this particularly issue. We have an inexhaustible supply of colour non-adhesive notices to affix to vehicles parked in disabled parking bays and not displaying a valid Blue Badge Parking Permit, informing the drivers that the vehicle was parked in a space designated for a disabled person. The notice is full A4 size and eye-catching to cause embarrassment to the illegal parking.
To obtain a twenty issue pack of the notices, please send £2.50 by cheque only to us at our Cirencester address to cover photocopying, stationary and postage. Disability Matters accepts no responsibility whatsoever for any damage caused to vehicles whilst third parties affix a notice.
UPDATE
In article 9 of the June 2006 issue of Law and Benefit Review, we reported on the problems with disabled parking bays at Cirencester Hospital. The Cotswolds NHS Trust based at the hospital have acted promptly and efficiently to our complaints and it has been noticed that the staff of Europark who control the parking around the hospital are now patrolling all the car parks. We have carried out seven ’spot’ checks at the hospital and no vehicles have been seen not displaying a blue badge in the disabled parking spaces at the front and rear of the hospital. Thank you Cotswolds NHS Trust for your help.
DISABLED DISCRIMINATION ACT 2005
[1] This second Disabled Discrimination Act in ten years, passed by the UK Parliament in April 2005, amends or extends the existing provisions of the Disabled Discrimination Act 1995 by including:
Making it unlawful for operators of transport vehicles to discriminate against disabled people
Making it easier for disabled people to rent property and for tenants to make disability-related adaptations
Making sure that private clubs with 25 or more members cannot keep disabled people out, just because they have a disability
Extending protection to cover people who have HIV,cancer and multiple scierosis from the moment they are diagnosed ensuring that discrimination law covers all the activities of the public sector
Requiring public bodies to promote equality of opportunity for disabled
Some of these new laws – including the increased protection for people who suffer from HIV,Cancer and MS – came into force in December 2005 [see the Disability Rights Commission website has more details on these matters at www.drc.gov.uk]. The DRC was set up by the government to help secure civil rights for disabled people and produces guidelines and further information on which aspects of life are covered by anti-discrimination law for disabled people. Other issues covered by this 2005 Act include, duties in the public sector, railway transport, refurbishment of old trains, services of public authorities and exemptions.
It should be remembered that the first Disability Discrimination Act 1995 aimed to end the discrimination that many disabled people face daily by at least October 2005 but unfortunately the problems of discrimination and access continue to be faced by those affected by the apparent failure in some quarters of the 1995 Act. This Act gave for the first time to disabled people, rights in the following areas
Employment and Education
Access to goods, facilities and services
Buying or renting land or property
Access to public transport
[See article 11 below concerning possible civil court action for in-accessibility against a well known store]
TRAVEL INSURANCE FOR DISABLED PEOPLE
[2] How many times have you been quoted unacceptable terms for holiday insurance which costs twice as much as your total vocation? Once one is passed the age of 65, the chance of finding adequate and reasonable priced insurance diminishes rapidly. ‘En Route Insurance’ are advertising travel insurance with no discrimination and even covering many pre-existing medical conditions and offer, according to the advertising, the same travel policy using the same medical declaration as they use for able-bodied travellers together with 24 hour emergency assistance. The company can be contacted on 0800 783 7245 or through "http://www.enrouteinsurance.co.uk"
A further insurance company apparently looking after the interest of old people is ‘Age Cancer Insurance Services’ who appears to be one of the very few businesses who advertise holiday insurance for people 80 +
STATE PENSIONS
[3] Pensioners in the UK are now £52.50 a week worse off due to a former Conservative government’s decision to stop the link between the basic state pension and average earnings in 1980 and the subsequent refusal to reverse the policy and revert back to linking pensions to earnings and not the retail price index. Basic State Pension should now be around £110.00 per week if the link had not been curtailed. By failing to remove this link, pensioners receive pensions so low that it is to be supplemented by means tested state benefits. An increase in the level of the basic state pension is needed urgently.
Calls are being made for an immediate increase in the state pension to at least £114 per week, which is the level of the means tested pension credit, the immediate restoration of the link to earnings to stop the continued devaluation of the state pension and an immediate payment of a universal state pension to all those aged over 75.
The Pension Commission report, chaired by Lord Tuner has recommended that state pensioners should be improved by linking increases to earnings and not prices – but not until 2010. In effect this will represent an increase of £1.36 per week on the state pension in four-years time. In April 2006, both state pensions and benefits rose by a massive 2.7% by sticking to the retail price index.
RING THE RIGHT NUMBER TO SAVE
[4] Searching our favourite search engine the other day this interesting fact was discovered. The prefixes 0870 and 0845 before a telephone number are often used by large companies, switching centres, banks, insurance companies, etc. in front of their telephone contact numbers, the trouble is that they are charged at higher rates than normal calls. Many telephone users now enjoy special deals from telephone service providers which sometimes includes free local and national calls but excludes international, cell phone calls and 0870 and 0845 numbers although several cellphone companies are currently competing in a cell phone price war with the call charges reducing all the time.
Home and business telephone accounts normal show a charge somewhere for what are called ‘non-geographical’ calls and this charge is often sustainable and unexpected. The website "http://www.saynotto0870.com" provides an alternative 0800 number or direct number to call for your 0870 or 0845 numbers. This will mean changing your telephone connection supplier but follow the instructions on the website and save money. You will keep your existing telephone and line and no new equipment will be required. DO YOU HAVE YOUR EUROPEAN HEALTH INSURANCE CARD YET?
[5] As summer approaches, will you be in possession of your FREE basic health, accident and illness NHS cover whilst in any European Union [EU] country or will you be taking out a second mortgage to fly the injured/sick/ill member of your family home?
It is always essential that you take out full and proper medical cover for the country you are visiting on vocation – just in case. The minimal amount of cover required in one country to deal with accidents, illness or even death may dramatically be increased in another country. In the United States of America for instance, you will require as much cover as you can afford as it is almost a matter of course to file multi-million dollar claims after traffic accidents if the other parties feel aggrieved.
Your insurance cover must be sufficient enough to cover such claims so ensure that the policy you take out will cover this eventuality. Basic medical cover for a road traffic accident, cut hand, broken arm or leg, sprains, etc. were covered by the form E111. This is no longer valid even though you might still have one that appears to be valid – throw it away after tearing it up as it’s not worth paper it’s written on. It has been replaced on January 1 2006 by the EHIC medical card providing free or low cost basic standard emergency care with identical cover for all residents of the EU no matter which country they are in at the time of illness or injury. Whilst the scheme it is said to be free, there could be occasions whereby a charge is made by he local medical system for x-ray’s, mobility aids, wheelchairs, etc.
The countries covered by the EHIC card, which you will see when you receive it is similar to a credit card. The card entitles the majority of UK resident’s to medical treatment under the state scheme that becomes necessary at reduced cost or sometimes free whilst temporary visiting the majority of the following EU countries. Some UK residents are not covered for medical purposes in *Denmark, *Iceland, *Liechtenstein, *Norway or *Switzerland, so if in doubt contact the NHS in the UK before travelling to those five countries. The countries covered fully in the scheme are: Austria, Belgium, Southern Cyprus, *Denmark, Estonia, Finland, France, Germany, Greece, Hungary, *Iceland, Italy, Latvia, *Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, *Norway, Poland, Slovakia, Spain, Sweden and *Switzerland as well as England, Ireland, Scotland and Wales.
The EHIC card is a valuable item and must be taken with you for production if required by hospitals or clinics. The card also contains personal details about yourself including your full name, date of birth, and two identification numbers, all very useful for somebody to copy your identity!
The EHIC card will and is being used in some quarters as an identification document or as a ’back-up’ to other identification documents in banks, building societies, credit card applications, etc. to help open accounts, by utility companies and for general identification purposes when shopping. There appears to be no visible security chip on the card in the same way as credit cards have so the EHIC card is taken at ‘face-value’ by those using at a reference . If the card is lost or stolen, it can be used to help ‘clone’ you as an individual with the possible awful consequences.
The EHIC card is normally valid for three or five years and every member of the family requires one each from day old babies to those of mature age if they are travelling within the EU and covers any treatment necessary during your vocation due to illness or accident. The card provides access to reduced cost or sometimes state medical treatment only and UK citizens should be treated in the same manner as a resident of the country being visited. However, this might not cover all treatment that you might expect to be free on the NHS so therefore you may have to make a contribution towards the cost of your care so be prepared for this.
In Spain for instance, the EHIC card covers only basic medical care. All medication, meals, nursing and general care is normal charged for although some medication may be paid under the EU receptacle arrangements. Nurses do not wash or bath patients. No meals - or drinks – other than water are provided by the clinic, hospital or nursing home. No care is provided either other than life saving care and equipment. Patients relatives are expected as a matter of course to look after those hospitalised so be prepared for somebody to remain behind at the bed side when the rest of the family heads for the UK. Full insurance provision is therefore very necessary in Spain and where similar medical schemes operate and most certainly in the USA where medical charges are astronomical when compared with the UK and the EU. Repatriation flights to the UK are not covered by the EHIC and UK Embassy’s in EU countries will not pay for air-ambulances to return ill, sick or injured UK citizens back to the UK who are not covered by medical insurance.
You may obtain the new EHIC card online, by phone or post and will arrive between seven and twenty-one days depending on what method of application you may use. On-line applications may be made via http://www.ehic.org.uk or call 0845 606 2030 or by post at P O Box 1115, Newcastle upon Tyne, NE99 1SW after collecting the application form and a pre-addressed envelope from a post office.
In June 2006, the Department of Health issued a warning that an unauthorised website was offering services to obtain EHIC cards for clients for a ‘service fee’ for handling the application. There is no fee payable to obtained the EHIC so take care that you apply through the official D of H scheme and receive a genuine EHIC card
Failing to have in your possession a EHIC card or full private medical insurance whilst outside of the UK in another EU or any other country could lead to very serious financial consequences which in turn could lead to the sale of your home and/or bankruptcy. Check the small print on private medical insurance policies and ensure that the cover provided is suitable for the country you are vacationing, travelling or temporally carrying out business in. Finally, declare all your medical problems – do not lie or under state your illnesses or diseases otherwise your insurance will not be valid. HELPFUL CONTACTS: AITO [Association of Independent Travel Operators] http://www.aito.co.uk or 020 8744 9280 and ABTA [Association of British Travel Agents] "http://www.abta.com"
VEHICLE LICENCE APPLICATION FORMS [V11]
[6] The cost of licensing a motor vehicle via the vehicle excise licence system has risen by 25% and if that means that your vehicle is in class F, you will be paying at least £190.00 per annum plus of course an extra £2.50 administration charge levied on website users.
When the application is applied for on-line, various checks are made to see if the vehicle be taxed is insured and hold a MOT certificate if over three years old. If there is no evidence to support the checks, then the vehicle excise licence application will be refused in the same way as if the application was made at a post office.
INDEPENDENT COMPLAINTS ADVOCACY SERVICES
[7] ICAS is a regional organisation in England that provides independent support to people if they have a complaint regarding say their National Heath Service [NHS] treatment in the UK, including issues relating to continuing care. The service can help you to deal with the complaints process, refer you to other relevant agencies, generally support you, supply help packs, write letters and make telephone calls but cannot get involved in any legal proceedings, claims for compensations, privately funded treatment or make decisions on your behalf or offer opinions. ICAS also acts in many other quarters providing similar help as outlined above.
REFORMS THREATS TO POST OFFICES [P3]
[8] Hundreds of post offices are in danger of being wiped out according to the Liberal Democrats. Already 2,000 UK post offices have disappeared in four years with the treat of a further 60% to 80% of post offices being closed by 2010. The problems would particularly effect rural and urban areas where post offices remains the ’fabric of community life’.
The Labour party wants to further reform the way benefits are paid by scrapping the post office card account. The government housing minister has said that the card account scheme was due to be stopped by 2010 in any event and that post offices were now selling new products and working on alternative accounts.
The Post Office card account is an ultra simple account that can only be used to receive benefit, state pensions and tax credit payments. No other payments, such as Housing Benefit, occupational pensions, or wages can be paid into it. You can only collect payments over the counter at a Post Office branch. This account may suit you if you want a simple account that won't let you go overdrawn or incur any charges. No credit checks will be carried out when you open this account. A Post Office card account will allow you to take cash out, free of charge, at any Post Office branch using a plastic card and Personal Identification Number (PIN). Your card and PIN will also allow you to request a balance enquiry at any Post Office branch.
As yet, no alternative scheme to replace the post office card account has been announced and whether that scheme, if such a scheme is devised, will operate through any post offices that are left or will it be transferred to say the high street banks. Disability Matters will be keeping an eye on the progress of this matter. [P3]
VEHICLE EXCISE DUTY
[9] Following a previous article on this subject in the June 2006 edition of Law and Benefit Review, we have received an extraordinary number of telephone calls requesting information upon the exact amount of vehicle excise duty payments due on certain motor vehicles. The information below has been sourced from the www.dvla.gov.uk and www.royalmailgroup.com. Without knowing the precise details of the vehicle’s engine size, make, year, etc. this is an impossible task for us to carry out, so instead we have now included the official figures from the DVLA and Royal Mail websites.
All vehicle handbooks contain details of the vehicles engine size measured in cubic capacity or cc’s and the vehicles fuel propellant. The cubic capacity will be required for vehicle registered before March 1 2001 and on newer vehicles registered after March 1 2001, the vehicles handbook contains details of carbon monoxide emissions [CO2] and the type of fuel used - petrol - diesel - gas. For vehicles first registered before March 1 2001, such details as will be required should be available from the vehicles handbook, manufactures or local vehicle showrooms for the appropriate manufacture. The vehicles registration book V5 also contains information as to the vehicles engine size and propellant but not the CO2 emissions - not yet!
Motability customers will no longer be in possessions of a V5 registration document as a new system has been adopted by Motability for the licensing of their vehicles whereby the retain all registration books [V5] but in any case, Motability customers will not need to become involved in the cost of vehicle excise licenses, as they are exempt from any vehicle excise duty if they hold a Certificate of Entitlement to Disability Living Allowance [Form DLA404]. When NIL rated vehicle excise licenses [VEL] are near to the date of expiry, Motability will automatically send direct to their customers their new VEL for display on the bottom nearside of their vehicles front windscreen. Copies of the V5 certificate or appropriate documentation can be obtained from Motability upon application for disabled drivers intending to travel abroad.
Quote - “All Post Office branches sell £5 Post Office saving stamps, which can help you spread the cost of buying a licence. The rate of Vehicle Excise Duty (VED) for cars depends on when the vehicle was first registered: Cars registered before 1 March 2001 pay VED according to their engine size. Cars registered on or after 1 March 2001 pay VED according to their carbon dioxide (CO2) emissions and the type of fuel used”
To view the variations in vehicle emissions and resulting charging for vehicle excise licences log onto www.dvla.gov.uk and look at the vehicle information link
NATIONAL INSURANCE NUMBERS
[10] A National Insurance (NI) number is a personal number used to access
records of a person's NI contributions and credited contributions
as access into the whole social security system
often asked for in NHS hospitals for identification
A National Insurance number should only be given to one person and must only be used by that person. Your NI number is extremely valuable and is worth hundreds and thousands of pounds in NHS and benefits to name just two. The number should never be given out over the telephone, emailed, internet or placed in writing to somebody who you do not know. It has been revealed that NI numbers have been issued to at least 3,300 illegal immigrants because of a loophole in application systems and reports are being gathered that NI numbers are being ascertained from genuine holders of NI numbers by immigrants and others and then being used together with other documentation to extract state benefits and pensions, housing benefits and medication from the UK NHS system.
Whilst in employment, the genuine holder of a NI number pays contributions into the fund for future state pensions, benefit, etc. If the NI number is given to somebody else unintentionally, they could be the receivers of these contributions by way of pensions or benefits. Keep your NI number safe, do not reveal it to anybody without checking the bona fides of the people asking for it. The Works and Pension Service will already know your NI number so do not be fooled by somebody saying that they are from that office and asking for your NI number. DO NOT be a ‘clones’ double.
Your Local Authority, if you claim Housing Benefit or reductions in Council Tax, HM Revenue and Customs, your employers, Jobcentreplus if you are seeking work, the Department of Works and Pensions, Motability, The Pension Service and the Disability Living Allowance in Blackpool all know your NI number. Even your local hospital if you have been a patient there will know your NI number so why would they be asking you for it? If somebody purporting to be from one of these offices asks for your NI number, then start asking some questions and then do not give it to them - ask them to writ to you but do not give them your address - they should already have this. As we have said before NEVER be bullied into giving information - ever. [N.1]
DDA ACTION IN THE COURTS [D10]
[11] In the June 2006 edition we tried to indicate ’what are reasonable adjustments’ in so far as the Disability Discrimination Act 1995 was concerned. Clearly a Derbyshire disabled wheelchair users feels that Arcadia, a branch of Burton in Stafford, has not carried out sufficient ‘reasonable adjustments’ to permit access to all parts of their premises to allow a wheelchair shopper to shop as an ambulant person would do. From television pictures shown on BBC 1, the lady concerned was seen in her wheel chair faced with a moving escalator to go upstairs in the shop as there was no lift to take her upstairs - now court proceedings are being contemplated by the Disability Rights Commission who are supporting the ladies claims as they feel that Arcadia - the owners of Topshop, Topman, Wallis, Dorothy Perkins, Evans and Burtons - have not done enough to improve access to its stores. The DRC reckons that the Arcadia group have 40% of their premises which are inaccessible whilst the accused are saying that they using their best efforts to provide a good shopping experience and comply with the law.
The report read by Disability Matters issued by a BBC link said that many large chains of stores and shops are complying with the requirements of the DDA by providing staff awareness training, improving communication for deaf and blind customers, introducing loop systems, different forms of literature, rest points, accessible disabled parking and wheelchairs and scooters in store that can accommodate them. This proactive approach is good for the disabled customer and good for the service provider whilst a reactive approach by some shop, store and office outlets who just bury their heads in the sand waiting to see what happens may be shaken into doing something positive when they read about people like our disabled wheelchair user friend in Stafford. Disability Matters will watch for the result with interest. [D10]
HAVE YOU BEEN INTRODUCED TO MAVIS YET? [M3]
[12] No, then let us introduce her to you. MAVIS as we are know her, is the UK Governments Mobility Advice and Vehicle Information Services for disabled and older drivers with a mobility problem and is based in Crowthorn in Berkshire. This service provide help for disabled/older motorists and makes informed decisions about their mobility needs. They provide practical advice on driving, vehicle access, vehicle adaptation and suitable vehicle types for both drivers and passengers.
What else does MAVIS offer, well, measuring a persons strength, steering force, reaction time and other important factors. A full written report is provided for most of these assessments for production to the DVLA if necessary. A fleet of manual and automatic vehicles fitted with a variety of adaptations, accessories and access aids, all extremely important to those contemplating purchasing a vehicle as very expensive mistakes are often made by all people who fail to take into account their mobility, buying the wrong adaptation or accessory - MAVIS could help you through all this.
Driving may take place on a private road system which is fitted with traffic lights, pedestrian crossing, roundabouts and junctions just like the real thing but before heading to Berkshire make sure that you can read a car registration mark at the minimum distance as required by UK law - 20.5 meters for old numbers and 2.0 meters for new ones. You must take with you any glasses that you would normally wear for driving and make an appointment - do not just turn up. Information service is free but for other assessments fees are payable. [M3]
For up-to-date information on assessment, appointments and fee charges call the Mobility Advice and Vehicle Information Service on 01-344-661000 or mavis@dft.gsi.gov.uk or www.dft.gov.uk/access/mavis
CHEAP PETROL AND DIESEL? - READ ON!
[13] In the June 2006 edition, we reported upon fuel prices with www.petrolprices.com who issue weekly average fuel prices around the country. This and every month the cheapest fuel in the Cirencester and elsewhere may be found by looking at the same website. Now, a new web site has appeared offering fuel at reduced prices. www.forums.moneysavingexpert.com. Mr Martin Lewis a well known television money saving expert, has introduced this website, concentrating on petrol-diesel-gas fuel prices. A link in this website to save a few pence per litre is www.marmeldadecarclub.co.uk. For £9.99 membership fee, you will be issued with a card to produce at a selected named fuel outlet chosen by you, where, according to the blurb, you will receive your fuel at reduced prices. Now that fuel prices have levelled out, this monthly feature will close for the time being.
THE POLICE AND JUSTICE BILL 2006 [P4]
[14] When is a Bill and Act? When is has received Royal Ascent. The Police and Justice Bill is in the process of travelling through both House’s of Parliament, eventually to become an Act of Parliament, giving the police and local authorities powers to deal with among other matters, anti-social behaviour in a similar manner as the Clean Neighbours and Environment Act 2006 referred to in the June 2006 edition will do.
Local Authorities will again be involved in the working of this piece of legislation, setting up ‘core trusts’ with the police so that a partnership between the two authorities may be formed empowering communities to take active roles in tackling anti-social behaviour which causes so much misery to among others, disabled and elderly people. In some areas, youths are targeting such groups of people because these cowards know that they will not normally meet any resistance from them. Again, local councillors could also be involved but from the information we are receiving, not to many individual County, District or Parish Councillors are all that keen in being used as untrained, unpaid, part-time police officers in plain clothes and upsetting their neighbours.
The Bill will also ‘standardise’ Community Support Officers and presumably Police Community Support Officers, so that they can contribute fully to neighbourhood policing and be able to deal with issues such as low level crime and anti-social behaviour on the spot.
COMMENT: If this is to happen, then the current powers that the civilian force of PCSO’s will have to be increased dramatically which is somewhat alarmingly, as currently they have no effective power of arrest, only power to detain offenders for a very limited period of time before a police officer has to take control and effect an ‘arrest’ proper. Do we really want ‘civilian’s walking around with all these powers?
In addition to the above measures, CSO’s employed by the local authorities, will have the power to take truants back to school and also provide the power to Trading Standard Officers to issue fixed penalty notices for disorder to clamp down on licensed premises that sell alcohol to under- 18’s which is fair enough as local authority’s employees are already employing such people who often work along side uniformed police officers. This new Act will also increase the powers of the CSO’s.
Whilst all these new Acts of Parliament are on the face it attempting to deal with unacceptable ant-social behaviour which covers a multitude of crime such as vandalism, criminal damage, noise, nuisance, drunkenness and minor thefts, the police force appear to be washing their hands of basic policing matters to concentrate on serous organised crime although at the same time provide a visible presence in our communities - so says the Home Office. A different view is being expressed in the local press in Cirencester, the ‘visible presence’ of uniformed police in our villages has been the subject of much debate with many villages complaining about the ‘lack of visible presence’ by the police in villages and settlements.
Slowly, some powers which the police forces and police officers should continue to fully exercise in their role as trained law enforcement officers are also being given out to County, District, Town and Parish Councils/Authorities, County, District and Parish Councillors, Community Support Officers and Police Community Support Officers all of which are ‘civilians’. Why not employ more trained police officers?
One important change which has been advocated by many of us here for some time at Disability Matters is that the Act will allow local residents for the first time to hold the police, local authorities and their partners to account if they fail to deal effectively with anti-social behaviour in their area. [P4]
HIGHWAYS AGENCY
[15] The inclusion of this article has been prompted by recent events involving disabled people in a coach crash. You may all of noticed by now that on motorways and major truck roads, the traffic police have all but been replaced by staff employed by the Highway Agency dressed in yellow safety jackets and driving vehicles who to the non-initiated are not to dissimilar to those of police vehicles although there is a difference in their markings, signs and flashing lights. The assistance provided by the ‘traffic officers’ once the occupants were found to be disabled and elderly people was apparently exceptional and no doubt they provide this kind of service to all.
Motability vehicle drivers have included in their ‘package’ recovery and breakdown services provided by one of the larger companies whilst other disabled drivers have the recovery and breakdown industry to choice from. Since the formation of the ‘traffic officers’, regulations have tightened on motorways as to the removal of vehicles after accident which are unable to be driven from the scene. A time limit is now imposed for the removal vehicles after the accident otherwise the Highways Agency - under the guise of keeping traffic moving - will remove the vehicle - and you - at a cost. It is imperative that you make known to the ’traffic officers’ that you are disabled by producing either your Blue Badge or showing them your Nil exemption vehicle excise disc which will to a certain extent avoid your vehicle being removed by the Highway Agency. You must also remind your own recovery service that you are disabled and on a motorway so that they can prioritise your assistance call so that the damaged vehicle is removed within the statutory time limit of forty minutes otherwise costs will mount.
“The Highways Agency has updated its website to provide real-time information on the condition of England’s major roads. It is called ‘Real Time Traffic info’ and can be obtained by calling 08700-660-115. There is also a ‘traffic information line’ on 08457-504030’. They include traffic headlines and forecasts and you can sign up for email alerts for the parts of the country that impact you or view a map to see what problems are occurring where, and when they are likely to finish. You can also delve into around 10,000 pages of information featuring details about environmental issues, road use and safety statistics, a history of UK roads, and information on how to stay safe. The site is clearly laid out, quick to load and makes a great bookmark for motorists“.
From the website of www.highwaysagency.gov.uk
ROLES AND RESPONSIBILITIES
Quotes: “Traditionally we, together with our contractors have built and maintained the motorways whilst the police service has provided an 'operating' role, primarily addressing unplanned incidents. The roles and responsibilities review makes recommendations to transfer some of the operational roles over to the Highways Agency.
Where incidents occur the police will still retain responsibility for investigation of criminality and, for major accidents, will be in charge at the scene and in control offices. However, the Highways Agency Traffic Officer Service will help to coordinate resources of other emergency services, manage traffic and re-open routes when the police have completed their investigations.
Traffic Officers work with the police but their role varies with the severity of the incident. The Highways Agency Traffic Officers are not able to fine you, but it is an offence not to comply with their directions. The police still enforce the law. Our Traffic Officers are trained and operate to agreed protocols, allowing them to support the police. Police expertise has been drawn upon in developing the role of the Traffic Officers and the training for them. Our Traffic Officers are trained to a high standard in everything from First Aid and safety, to dealing with customers, traffic management and the use of technology“.
EURO NEWS
DISABLED AIR PASSENGERS
[16] The European Disability Forum [EDF] has announced that a new European regulation on the rights of disabled air passengers will be adopted and enforced in two years time - 2008. These new regulations will mean a significant change for 50 million disabled passengers in Europe who use airlines an airports to travel.
Problems have been much publicised with disabled passengers being forced off aircraft after they have been boarded and seated ready for take off, groups of disabled people with impaired eye sight being refused flights, refused bookings on aircraft due to disabilities, forced to pay for assistance or removed from aircraft because of unjustified safety reasons. The Guide Dogs Association have also travelled to Brussels to visit the EU Parliament to meet Euro MP’s to discuss EU regulations concerning the rights of disabled travellers when travelling by air. The new regulations will apply to all European airports and air carriers. Airports will have to provide reliable assistance for disabled passengers from arrival to departure.
However there is one fly in the ointment, disabled passengers can still be refused boarding “in order to meet safety requirements duly established by law” not by the whim of the aircrafts captain or cabin staff. This interpretation could and would change from country to country. The next step is to try and harmonise the EU safety regulations and have them clearly defined.
The European Disability Forum can be seen on their website address of www.edf-feph.org. Lots of interesting information. [E.2.]
ACCESS COUP IN EUROPE
[17] A new agreement is set to transform access for disabled people in cities, public buildings, and transport systems across Europe. The new European Union [EU] funding regulations, agreed in May 2006, mean EU countries must consider access for disabled people and anti-discrimination issues before receiving EU Structural Funds for new projects.
The funds make up a third of the EU budget and are used for environmental projects, employment services, and cultural development. The European Disability Forum welcome this agreement by EU financial ministers which came to being after two years of negation. The decision should change the face of many cities, public buildings and transport systems and sends a strong message to EU member states about discrimination against disabled people. These decisions are imminent and will be voted upon in August 2006 in the EU Parliament. DISABILITY MATTERS will look for fuller details of the agreement once it has passed through the EU legislation process.MONTHLY QUICKIES
[18a] On the water front shortage, matters are still very fragile. Thames Water once again turned down the need to issue a drought order for the Gloucestershire area but the Greater London area are now feeling the full force of a recently applied for drought order. Have you written to your local water company yet concerning the ‘specialised services’ offered to the elderly and disabled people which was referred to in the May and June 2006 editions. The quicker you act now before a drought order is applied for the quicker you will be set up to receive the water you require. [See article 23 below concerning possible increases in water charges]
[18c] Government denies plans to scrap the Independent Living Fund following a decision to review the long running scheme. The Department of Works and Pensions said that the review was for “the future direction of funds”. Disability Matters will keep a close eye on this one. [See article 20 below concerning Fund increases]
[18d] Further calls are echoing around Parliament for ‘sweeping changes’ to Incapacity Benefit law. The Chancellor of The Exchequer has already introduced steps, subject to Parliamentary approval, that as from October 9 2006, employers of disabled people will have to make changes in some taxation matters. A welfare reform bill will be published later in 2006 but in the meantime visit www.dwp.gov.uk to look at ‘a new deal for welfare’ and www.parliament.gov.uk for ‘Incapacity Benefit and Pathways to Work’ report
[18e] The Citizens Advice Bureau [CAB] says that the benefits system is failing. Medical assessments used to process claims for Incapacity Benefit is flawed and more reliance should be made on claimants own doctors. Benefit decisions must be got right first time not after long awaited appeals to ensure that vulnerable people receive what is due to them. Sufferance from stress, further poor health, debt are all consequences of the current system - so say CAB. [I4]
AUGUST 2006 FEATURES
1. KNOW YOUR GOVERNMENT DEPARTMENTS
2. HUMAN RIGHTS
3. ARE YOU REALLY A DISABLED PERSON UNDER THE DDA
4. BENEFITS UPDATE
5. HOW TO SAVE £125 PER ANNUM ON WATER CHARGES
6. NO MORE INACCESSIBLE HIRE VEHICLES
7. BLUE BADGE CLAMPDOWNS
8. NEW INDEPENDENT LIVING BILL
9. SUCCESS FOR DISABILITY MATTERS IN PARKING ISSUE
10. OVER STAYING YOUR WELCOME IN A SUPERMARKET CAR PARK COULD COST YOU
£150 AND ?
LATE HOT NEWS
NEW NUMBERS FOR BENEFIT ENQUIRIES
[19] A new free telephone number for people with benefit claim inquiries has been set up by North Wiltshire District Council. Council tax benefits or housing benefit inquiries can now be made by dialling 0800-270428 between 0845 and 1715 Monday to Thursday and between 0845 and 1645 on Fridays.
INDEPENDENT LIVING [1993] FUND INCREASES
[20] Increases in funding have been announced by the ILF for more financial support to be made available for severely disabled people who wish to live independently in their own homes. The weekly payment for the Independent Living [1993] Fund has been increased from £420 to £455 and for the Independent Living [Extension] Fund from £715 to £785 per week. For further information contact your former social services office or the website www.ilf.org.uk to see if you are eligible.
SERVICE CALL
[21] Are you experiencing difficulties in obtaining fuel or other services at garages, banks, supermarkets, shops, etc. due to disability? Then perhaps the answer is logging onto www.service-call.net for help and assistance:
“ServiceCall is a system designed to make it easier for a person with limited mobility to use petrol stations, banks, supermarkets, shops and many other services. You simply aim a small infrared transmitter to activate the ServiceCall receiver fitted in thousands of service providers' windows“.
ACTION HOUSING NETWORK
[22] Action Housing Network is a website operated by the British Broadcasting Cooperation [BBC] via the Affordable Rights Council. The site contains interesting information on all aspects of housing from the private sector through to council and housing association properties, affordable housing, your rights, neighbours, etc. There is no direct access to the housing sector on the home page or any visible indication of the word ‘housing’ so type in ‘housing’ in the empty space and click on go and up will come all the information.
WATER, GAS and ELECTRIC BILLS ON THE INCREASE
[23] WARNING: water, gas and electricity bills are to rise in the future - not surprising - but so soon after all the fixed deals that haver been offered to customers, so say uSwitch as the water industry is meeting the government to discuss how to deal with the current and future water shortages. At the same time, we will be asked to pay more for the water we consume. Many avenues of thought say that water meters are the answer to usage and cost and that switching to a water meter does save money. Others say not. The writer changed some two years and found that the cost of water used dropped dramatically without cutting down on its usage.
Clearly the water supply in the UK, and particularly in Southern England, is beginning to run out and unless we have substantial rainfalls to keep replenishing the supply we are going to be in trouble without drastic action being taken. A Member of Parliament and former Post Master General, Mr Geoffrey Robinson has his own supply through bore holes in the back garden of his Mansion near Godalming in Surrey and lets a considerable amount of it run down the lane outside his home as seen in the Sunday Mail on June 18 2006, but for us leaser mortals its back to the watering cans. On June 21 2006, the government announced that they intend to build 275, 000 new homes with 28,900 being built in the Thames Water area ever year until 2026 and 17,100 further homes being built in every other region. If water is lacking now - what on earth will it be like in 2026? The timely announcement today, June 21, by OFWAT www.ofwat.co.uk that once again Thames Water Utilities are still well under performing and are still allowing 894 millions litres of water per day to escape down the drain due to leakages whilst the same company made £346 million in profits last year. In the meantime 13 million customers plus in the South/SouthWest of England are under some kind of water restriction from a drought order to a hose pipe ban which could very likely increase further if it does not rain soon. It’s the largest ‘drought’ for 100 hundred years in the UK.
Further threats of the cost of gas and electricity utilities before Summer 2006 is over has also been mentioned despite the fact that many millions of people have entered into fixed contracts for eighteen month to two year periods. This revelation has just hit the media so DISABILITY MATTERS will investigate further and reveal in the August 2006 edition in time.
Please look out for the SUMMER SPECIAL of the Law and Benefit Review due on-line shortly.
ENJOY THE SUMMER, BON VACANCE