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.
August 2006
[edition 5]

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HI and welcome to the August 2006 edition of our informative review on all matters remotely connected with disabled and elderly people. If like me you have are fed up to the back teeth with three weeks of football, two weeks of tennis and ten weeks of cricket, which are now all fortunately behind us, but before the football season commences very shortly, lets get back to normality and enjoy this months rendering of Law and Benefit Review. Remember, you will read it here first.

During the last for weeks, we have been extremely busy trying to decide what should be included in the August 2006 edition of Law and Benefit Review, what are people called on log on to websites? ‘assessors’ ‘loggers-on’ ’visitors’ or ’viewers’? what ever they are called, they will have already have noticed a change to the website presentation. Some ’twicking’ is still continuing but as you can see we have abandoned the black on yellow pages in compliance with international guidelines, for black on white pages and also to comply with UK and EU standards and guidelines. It is somewhat confusing to us, none of whom suffer from any serious eye-sight impairment, that the recommended official guidelines and standards for websites give low opinions of black on yellow whilst partially sighted people say that yellow is the last colour in the spectrum to be lost to them. Government best practice and recommendations have resulted in the use of black and yellow markings for the edge of steps, bus and train entry and exit points, escalators, etc. for the benefit of those with impaired vision, so why not black on yellow for reading?. Perhaps somebody can enlighten us?

Changes to legislation, benefits, disability news and post office activities alone could have easily filled our pages completely this month so we have decided to include as much as we can without trying not to over-run our normal twenty to twenty five separate articles. We have said before and we will say again, the Labour government have issued more legislation, changes - for the good and bad - to benefits, transport, access and disabled parking then any previous government.Your responses to the July 2006 edition is much appreciated and it is good to know that many of you have already benefited from at least one of the articles in one way or another. We have also received a positive response from a disabled person who up to now has found it extremely difficult to “control his computer” as he relates it and now after contacting one of the websites that we recommended for accessibility, he can now keep his ‘monster’ under control – he now controls his computer rather than his computer controlling him for the past nine months - I know the feeling.

By the time the August 2006 edition has been added to the website, it will be noticed that we have already installed a number of new informative pages concerning a variety of disability matters. They have been placed there to assist you so please access the individual websites contained within the features. We are continuing to up-date these pages and they will be updated and replaced from time to time. We are also searching our data base to try and ascertain what further information would benefit those who log onto our website and having found it, we will collate it and then present it as a further information in due course. We are slowly building up a Data Base on many subjects matters so that we can relate to them when changes appear which in turn can then passed onto you via the Law and Benefit Review.

It has also been suggested that we try dividing the presentation into four completely separate sections, benefits, general, euro news and motoring completely dividing one from another. When the motoring section was originally introduced, it was thought that it would not be received with much enthusiasm - nothing could have been further from the truth, so we have decided not only to continue with it - if you disagree, then do please let us know your views. Due to space, the August 2006 motoring section has been incorporated in the SUMMER SPECIAL which will shortly go on line.

We are also introducing a new monthly topic which will be called ‘News from Westminster’. Each month the legislation that is passing through the Palace of Westminster that will have a direct impact on disabled and elderly people will be listed and commented upon once the Bill has become an Act of Parliament.

CONTENTS

BENEFITS

HOT WEATHER ADVICE

[1] SOARING DISABILITY PAYMENTS
[2] POVERTY DRIVES BENEFITS FRAUD
[3] CARERS LOSE 1.3. BILLION IN SHAKE-UP
[4] CARERS SUPPORT
[5] ARE YOU REALLY DISABLED?
[6] CHRONIC PAIN MANAGEMENT
[7] DISABILITY LIVING FOUNDATION
[8] CLAIMING AND WORKING
[9] INDEPENDENT LIVING BILL
[10] NEW DISABLED TOILET GUIDE
[11] BENEFITS UPDATE
[12] INCAPACITY BENEFIT BASHING
[13] MEMBERS OF PARLIAMENT GUIDE
[14] GOODBYE DRC

GENERAL MATTERS

[1] PENSIONERS LEFT WITH £8.49 PER WEEK
[2] COMPULSORY WATER METERS
[3] MESSAGE IN A BOTTLE
[4] ENERGY BILLS
[5] OUTSTANDING COUNCIL TAX
[6] CHIP AND PIN NUMBERS
[7] FREE CASH MACHINES AT POST OFFICES
[8] UNSOLICITED CHEQUES
[9] WINTER FLUE JAB DELAYS
[10] PENSION SERVICE INFORMATION
[11] AGE LEGISLATION
[12] STATE PENSION FORECAST
[13] ROYAL MAIL PRICE INCREASES
[14] NATIONAL TRUST GUIDE FOR ACCESS

EURO-NEWS

[1] COMPENSATION FOR DAMAGED WHEELCHAIRS ON FLIGHTS
[2] HUMAN RIGHTS - EUROPEAN STYLE

***********************************************************************

HOT WEATHER

As I write, the midday temperatures on July 4 are reaching 30C plus so PLEASE, take extra care in hot weather. With the UK already exceeding temperature records in some locations, hurricane's in South Gloucestershire, flooding in Manchester and monsoons in Kent, it makes as all release that we are all vulnerable, especially the elderly, disabled, chronically sick and young children particularly in extreme temperatures. As August is normally the hottest month of the year in the UK, here is some helpful advice.

Dehydration and heat exhaustion are the main resultant problems of excessive heat, so keep cool, wear cotton clothes, cover your head and arms out of doors or use a light umbrella to shade you if you have to go out, do not carry out strenuous tasks such as gardening, drink as much water with some added salt as you can and try to avoid alcohol, tea and coffee as they make dehydration worse. Eat lightly and stay out of the sun particularly between 1100 and 1600 hours when the sun is hottest. Don’t forgot your sun cream - 50 factor is now becoming the recommended cover required.

Try to avoid using ovens and grills as temperatures can rise by 60F plus in kitchens when switched on during hot weather. Open windows are all very fine but they do let hot air into your home. It would be better - if you can stand it - to keep the windows and doors closed and pull the curtains at windows facing the sun. This what they do in all hot countries, Spain, Italy, Greece, etc. whose citizens carry out this practice daily and it works. Also remember that open windows and doors also make your home vulnerable to theft and burglary so beware. If you must go out particularly on hot days in a car, then always take some water with you.

Fans are cheaply available now for as little as £9.99 in some large stores such as B & Q and Home Base which will provide a cooling affect if directed towards you. Find the coolest room in your home and use it as much as you can. If you find you are suffering from any heat exhaustion symptoms such as light-headedness, feeling faint, unsteadiness, nausea, vomiting, profuse sweating, tiredness, muscle cramps then you may need help. If so, contact your doctor or the NHS emergency ‘out of hours’ service number 08454 220 220 for advice or in more serious cases dial 999 and ask for medical help. Oxygen users should ensure that they have a sufficient enough supply at all times. Some medication may also produce extra side-effects during hot periods so if anything unusual occurs contact your doctor immediately.

A quick home analysis of your dehydration condition is to exam a sample of your urine. If it is light yellow then you are normally fine but if it is dark yellow then you are not drinking sufficient water and you must increase your intake of water and possibly seek help from your doctor as you may well have to take a prescribed course of tablets of essential body salts taken in water to raise your potassium level. Dehydration is a serious matter and must be treated carefully particularly if you are young, elderly or disabled.

BENEFITS

SOARING DISABILITY PAYMENTS

[1] The Economic Co-Operation and Development Union have stated that there are soaring numbers of disabled people across the industrial section and they are becoming a ‘major policy concern’ that has to be addressed as part of creation strategies governments are being warned. What this is trying to tell us I have no idea, but as a disabled person, I have never been called a ’major policy concern’ before - may be I have gone up in he world?

EU Countries have successfully reduced unemployment figures in the past but sick and disability benefits have increased significantly. Anybody with the slightest intelligence can work out the reasoning behind this - either you have a high unemployment rate which makes the world look at you in a certain light - economy - finance- export - etc. or you have sick and disabled people receiving disability benefits or a certain number of people placed on Incapacity Benefit because the government cannot find employment for them and in some cases, to reduce the unemployment figures. You cannot have both.

POVERTY DRIVING BENEFIT FRAUD

[2] People who work and claim state benefit often do so because they are in dire need of financial assistance which state benefits are not providing. Many claimants are employed in ‘cash in the hand’ employment to be used to clear debts or simply to survive day to day. Whilst this explanation may be true of some, there are many others who are fraudulently obtaining state benefit in the UK with great success using various methods of devious fraud.

This latest ‘fraud’ was disclosed in newspapers on July 4 2006 when it was revealed that eastern Europeans were purchasing properties in their home-land from money obtained from UK state benefits for them to return to in due course. Much fraud is detected from immigrants as well as the native population with some people entering the UK specifically to commit fraud against the UK state benefit system and obtaining billions of pounds from it.

CARERS TO LOSE £1.4 BILLION IN PENSIONS SHAKE-UP

[3] Thousands of pensioners who look after their loved ones will lose vital benefits under new Government plans. The government propose to scrap the £50.50 a week benefit as part of the overhaul of the pensions system outlined in a white paper last month. The adults dependency scheme increase which helps pensioners who have a dependent partner who have not yet achieved retirement age is to be stopped. This benefit is paid on top of the basic state pension.

The number of people who could be affected by these changes from 2020 onwards could be between 66,000 - the same number who claimed in June 2006 and 660,000. This figure only accounts for the recipients of the benefit and the number of people affected also include their ‘partners’ as well, meaning that 1.32 million will be out of pocket in total from 2020 onwards. So far it has not been announced if existing claimants will remain on the current scheme which is normal when such changes are announced but on this occasion it would appear that this will not be the case. These changes are already being called another ‘stealth tax’ by many. After 2020, people who are in receipt of the basic state pension and have a dependent partner, who have not yet reached retirement age, will be worse off unless something is done to counter its effect.

The Department of Works and Pensions are already claiming that the loss of benefit - £50.50 - will be offset by a decision to boost the value of state pensions by linking it to the increases in earnings and other measures indicated in the white paper which will help women boost their entitlement to a full state pension. The white paper plans to cut the number of years that a women will have to work to qualify for a full state pension will be reduced from 39 to 30 years. Carers will also benefit because their efforts will be recognised as work for the purpose of accruing National Insurance Credits.

As a ‘sweetener’, a government spokesman has said “the state pension is to be raised to a higher and fairer level, particularly for women - what by £50.50 per week? - it is not a case of the poorer pensioners losing out again. A former pension advisor has commented is it not a case of the right hand giving and the left hand taking away.

Government commentators have also criticised the whole scheme due to the apparent unreliable figures presented, as within the next ten to twenty years the number of eligible people will also have risen. This ‘playing off’ one against the other with the cancellation of the £50.50 per week benefit whilst pensions are said to rise due to the way that pensions and benefits will in the future be paid, is not only confusing to those receiving benefits but such announcements are often treated with suspicion. Will one really balance out against the other? Are the government really saying that because pensions are to be paid in the future linked with earnings rather than the retail price index or inflation really equal £50.50 per week. Disability Matters spoke with a representative of Works and Pensions in July 2006 to try and confirm these figures but our questions were met with almost total silence because as the Works and Pension representative said “there are a lot of details yet to be worked out”. We will keep a close eye on this vital benefit and report as the matter progresses.

CARERS SUPPORT

[4] Many carers continue to be unaware of what support is available to them. Wives, partners and friends who care for somebody do not consider themselves as being ‘carers’ but if you support a disabled friend, partner or relative and you do not receive an income for carrying this task then you are a ’carer’ as defined in law and are entitled to claim benefits.

If you are a ‘carer‘, then you are entitled to a ‘carers’ assessment. To find out about the assessment contact the following website www.carers.gov.uk/carersleaflet. The assessment will cover your needs, that you get support, whether your health is at risk due to the number of hours you are engaged in caring and most important of all, if you are entitled to financial support through the Carers Allowance.

The main benefit for carers is called the Carer's Allowance

To qualify for the benefit you must care for at least 35 hours a week. Look after somebody who receives the middle or highest rate of Disability Living Allowance [DLA]. Not study for more than 21 hours a week if you are a student. Satisfy UK residence and immigration conditions. Not paid certain over-lapping benefits such as Incapacity Benefit, Severe Disabled Allowance and bereavement benefits. Not earn more than £84 per week after deductions.

Care should be taken that when applying for the Carers Allowance that it will not interfere with any existing or future benefits that the person who you are looking after is receiving or has applied for as these benefits may be affected by your claim for the Carers Allowance. See advice before making the claim on form DS700 available from the Works and Pensions offices.

If the person you are caring for receives the Higher or Middle Rate of DLA then there is a fair chance that he/she is also receiving the equivalent Mobilty Allowance which brings the entitlement of a completely FREE car from the government supported Motability scheme which would also entitle you, as a recognised ‘carer’ to use the vehicle as a ‘carer’ when carrying out tasks such as shopping, doctor and hospital visits, visiting etc. The vehicle can only be used for such purposes and not as the carers ‘private’ means of transport. To find our more about Motability log-on to www.motability.co.uk A Blue Badge can also be applied for from your local authority by the person you care for to allow the person to whom the badge is issued to park in certain places not normally available to ordinary drivers. To use the Blue Badge, the person to whom the badge has been issued must be present in the vehicle when parking. Carers or Personal Assistants may not use the badge without the presence of the Badge holder.

You cannot normally receive Carer’s Allowance at the same time as state retirement pensions however if your state pension is paid at the lower rate then you can get it topped up, at the moment, to £50.50 via the Carers Allowance. Even if your state pension is more than £50.50 per week it may still be worth while applying for the allowance as you may have what is termed “a underlying entitlement to the allowance”. This will mean that you are then officially recognised as a ‘carer’ for the purpose of claiming other benefits such as Pension Credit, Income Support, Housing Benefit and Council Tax Benefit. If this sounds complicated seek an appointment with somebody from your local Department of Works and Pensions

There are some 3 million people who work and care so it might be worthwhile informing your employer of your situation as the hours you work might be adjusted to help you manage both aspects of your life. The Work and Families Bill when given Royal Ascent will give carers the right to ask their employers for flexible working hours from April 2007 onwards. Your employer will have to follow strict guidelines as indicated in the above Bill and will a have to provide a full explanation if they say ‘no’ to your application to work on.

It is important that ’carers’ look after themselves as well as their ‘patient‘. Seek support from friends and relatives. There are several organisations in existence that help carers the largest among them is Carers UK who can be found at www.carersuk.org.

There are also many local carers groups that advertise through local newspapers, website, local library’s, council websites, doctors surgeries and hospitals. Organisations such as Guide, www.guide.gov.uk also list local caring groups in the UK so you need not be alone in your important work. Other contacts are the Pension Credit helpline on 0800-99-1234 www.carers.org. and www.acecarers.ork.uk

ARE YOU REALLY DISABLED AS DEFINED WITHIN THE
DISABILITY DISCRIMINATION ACT 1995?

[5] To be protected by the Disability Discrimination Act [DDA], you must be able to show that you are disabled as defined within the Act. Unless you count as a disabled person under the terms of this law and Act of Parliament, you cannot make a claim for disability discrimination and possibly claim state benefits for disability benefits such as Disability Living Allowance or funding from the Independent Living Fund. Fraudulently claiming to be disabled and receiving state benefits or funding can and will lead to criminal prosecutions.

The official definition of disability according to the ‘law’ is a physical or mental impairment which has a substantial

and long term and adverse effect on your ability to carry out normal day-to-day activities

The Disability Rights Commission has issued a document entitled ’Using your Rights’ and this can be found on the website www.drc-gb.org. in which several sub-sections appear which collectively form clarification for ‘disability’ but obviously one person need not comply with each and every sub-section requirements.

Two of the most important issues to be proved is that [a] the impairment - whether physical or mental - has a ‘substantial adverse effect’ on your ability to carry out day-to-day activities. Substantial means ‘more than minor or trivial’ and ‘adverse’ means very unfavourable and [b] ‘Long Term’ means that your impairment are long term. This means that the effect of your impairment [s] must have lasted for at least twelve months OR is likely to last for at least 12 months such as:

Physical Impairment
Mental Impairment
Substantial adverse effect
Long term
Normal day-to-day activities
Past disability
Severe disfigurement
What the DDA dose not include
Who decides?

Both existing claimants for disability benefits and those contemplating claiming for such benefits should ensure that they are fully complaisant with the requirements of the official interpretation of the word ‘disabled’ within the Disability Discriminating Act 1995 to save wasted time, possible investigation or prosecution.

CHRONIC DISEASE/PAIN SELF- MANAGEMENT COURSE

[6] This free course operated by trained volunteers suffering long term disabilities themselves and supported by the NHS covers techniques to help you manage:

fatigue and pain and emotional changes in your condition

how to plan for the future

develop skills to avoid fear, anger, frustration and depression

communicate more effectively with friends and health care workers

how to take care of your health -diet, exercise and relaxing.

Anyone with a long-term health condition and over the age of 18 years which is impairing their daily life may qualify by contacting Chris Paisley on 01452-891489 or 0845-130-9177 or email chris.paisley@glos.nhs.uk or .

NOTE: Responses to calls and enquiries are somewhat delayed but we come in time. I have attended this course and found it beneficial in times of extreme pain.DISABILITY LIVING FOUNDATION

[7] The DLF who provides information for older and disabled people have updated their fact sheets on aids for independent living. These new fact sheets contain information on getting around, buying walking aids, powered wheelchairs and scooters, equipment for around the home including wet rooms, showers and bathrooms and kitchens. For your copies contact www.dft.org.uk

CLAIMING AND WORKING

[8] The Joseph Rowntree Foundation [JRF] are carrying out a study on people who claim state benefits and also unlawfully work at the same time because they claim to be in dire financial trouble. Many people were found to be involved in illegal cash-in-hand jobs to cover the cost of food and heating or to make debt repayments. This study said that the people were ‘hard-working’ ordinary people trying to survive day by day. Calls are now being made for reform of the tax and benefits system to move people from the poverty line and illegal jobs into legitimate work and off benefits like that being carried out with the Incapacity Benefit. This study has been carried out over six years in deprived areas.

INDEPENDENT LIVING BILL

[9] This new Bill still awaiting officialdom is due to be published in a few weeks time. Lord Ashley together with the Disability Rights Commission are responsible for the Bill which some say that the idea of true independent living is where disabled people have the choice, control and freedom to live the lives how they wish to lead it - is the holy grail of disability rights?

The Bill will address issues such as ensuring disabled people have access to communication support and can decide themselves where they want to live. The Bill will also say that the local authority have a duty to provide services that give disabled people more choice and autonomy into their lives. Lord Ashley claims that the Bill will provide an entirely new system so that all disabled people can live independently.

Disability organisations, campaigners and even the government have all agreed that the IL is the key to securing disabled people’s rights. On the other hand, other campaigners are demanding to know whether the current government policy is actually being implemented as many disabled people are claiming that funding is often depleted by local authorities budgets as claimants are informed that there is insufficient funds to cover the cost of independent care which in turn effects the funding received from the Independent Living Fund as both sources are linked. In some cases, disabled people living independently are forced into residential homes or been prisoners in their own homes simply because local authorities have no legal duty imposed upon them to provide equipment, adaptations, personal assistance and accessible housing. The law says that local authorities must provide funding for this purpose, no ifs or buts - must.

The object of the Independent Living Bill [ILB] if passed would give disabled people stronger rights to more choice on how they want to live their lives and where they want to live them.

The second reading of the Bill would have taken place on July 14 2006 in The House of Lords. Early Day Motion 2399 is the official title of the debate and by logging onto the House of Lords website www.parliament.uk you will be able to read the debate word for word in Hanzard which is the official written recording of everything that transpires either in the House of Commons or the House of Lords. The British Council of Disabled People are also supporting the Bill.

It would greatly support the passing of this Bill if supported by as many Members of Parliament as possible. So contact your local Member of Parliament and ask him to support early day motion 2399 which is being held on July 14 2006. After passing through the House of Lords, the Bill will pass back to the House of Commons and then more than likely go back to the Lords and then back to the Commons as part and parcel of Parliamentary procedure so your MP will have plenty if time to vote for it so ask him to vote on your behalf.

We will wait until the Bill passes on to the statute before commenting unless something dramatic occurs but in the meantime try logging onto www.strategy.gov.uk/work_areas/disability, or www.drc.gb.org/documents/Briefing_on_Lord_AshleydILBill.doc

for further information. You can ascertain if your MP has supported the Bill by contacting www.independentlivingbill@drc-gb.org

and www.drc-gb.org/your_rights/independent_living_bill.aspx where a copy of the Independent Living Bill can now be read through an easy guide as it was made public during the preparation of this article. We will now review the Bill in the Summer Special - out soon.

NEW TOILET GUIDE FOR DISABLED PEOPLE

[10] The 2006 edition of the RADAR guide to toilets fitted with the National Key Scheme lock is now available at a cost of £11.50 including postage and packing. There are now some 7,200 locations where disabled key holders may have direct access to toilets fitted out for disable peoples use only.

The location of the toilets which can be found from the Shetland Islands to Jersey and Dover to Derry may also be located on the website www.radar.org.uk so that you may note their whereabouts in the town or city you may be visiting before you travel.

A considerable number of such toilets have notices displayed on the entry door informing potential users of the whereabouts of the RADAR key required to open door but unfortunately the majority of the ‘holders’ are local shops, police stations, surgeries, council offices some of which could well be closed after normal opening shopping hours - even the police stations!

If you do not have a key, Disability Matters can arrange for a key to be sent to you by post within 14 days at the cost of £5.00 including p & p. Please enquire.

The website www.disabledgo.info provide access guides via the internet on a number of towns and cities in the UK. This website is continuing to grow and requires information about towns and cities in the UK. Log on to see if your nearest town or city is included. If not, find out who the Chief Executive and/or Access Officer is of the Local authority and send the details to DisabledGo informing them of the access problems in your town so that they can approach the local authority to improve matters.

BENEFITS UPDATE

[11] Surprising or not surprisingly, some £4.1 billion worth of state benefits go unclaimed by people over 60 in the UK every year which could mean that those who need it most may be suffering financial hardship unnecessarily. How many disabled people over 60 for instance are suffering from the cold and possibly hypothermia in winter because they are not receiving a winter fuel payment or the accompanying benefits.

The following are the key benefits available and for fuller details of the benefits including qualifying criteria contact the website www.directgov.uk

Retirement Pensions
Job Seekers Allowance
Attendance Allowance
Disability Living Allowance
Income Support
Pension Credit
Incapacity Benefit
Bereavement Benefit Housing Benefits and Council Tax Benefit Income Tax

The two ‘key’ benefits are Income Support and Pension Credit that then open up several others of the benefits to claimants such as Housing Benefit and Council Tax reductions.

INCAPACITY BENEFITS BASHING

[12] Continued despair and cry’s of ‘sham’ by opposition political parties concerning the Labour party plans to move 1 million people off Incapacity Benefit are filling the headlines with some alternative measures being offered. The figures being bandied about by the government are confusing and the new system that will replace the benefit for the mentally ill should be more considerate than those announced. The Employment and Support Allowance that is to be published shortly as a Green paper, replaces the Incapacity Benefit with an employment support allowance for mental health sufferers. There has been a increase in claims by people suffering mental illness which have risen from 16% to 40% in twelve years. Severely disabled people will, if the Bill is passed, receive a higher rate of benefits and will have no obligation to look for work. Is this new ‘higher rate of benefit’ to replace part or all of Disability Living Allowance with increased payments?

For others, from 2008, the Incapacity Benefit will be replaced with a new Employment and Support Allowance [ESA]. There will be two components to the allowance: the employment component for those deemed to be able to work, whilst a higher rate benefit will be paid as a support component for those who are deemed unable to work.

Everyone, applying for the ESA will undertake a new test, which will focus on the capacity to work rather than impairment. People accepted onto ESA will also periodically have to undertake a test to demonstrate their continued eligibility - signs of previous assessments of this benefit which resulted in much criticism.

Those moving onto the employment component will have to take part in compulsory work-focused interviews as part of a national Pathways to Work programme which includes how to manage impairments while in work. Failure to take part in this component will result in benefits being cut. Existing claimants will not be affected by this new legislation only new claimants unless they wish ‘sign up’ to the new program.

MPS’ GUIDE ON DISABILITY

[13] The disability network RADAR, of which our Chairman is a Member, has lunched a new disability guide for Members of Parliament. Following a reception at the House of Commons on March 21 2006, the new guide was celebrated. The reception was supported and sponsored by the Royal Mail, Disability Rights Commission, the Office of Disability Issues with attendances by then Minister for Disabled Ann McGuire MP and the Rt. Hon Lord Ashley of Stoke CH.

The aim of the new guide is to provide help and assistance for MP’s on how best to communicate and interact with their disabled constituents and it also contains disability law as it relates to MP’s.

GOOD BYE DRC

[13] In November 2007, the Disability Rights Commission will be dissolved and the new Commission for Equality and Human Rights will start tackling inequality in a far greater range then previously. These changes are supported by people like RADAR who have commented favourable on the changes.

Disability Matters too also celebrates the demise of the DRC, as will feel that they have not really treated the Disability Discrimination Act 1995 in the true spirit of which the Act was intended. They have supported claims by disabled people which in our opinion were not justified and through their support, they have opened the flood gates to other similar claims by disabled people which again do not enter into the spirit of the 1995 Act.

From the comments we have heard, and we tend to agree, disabled people are to a certain extent being shown in a bad light for pursuing claims which could have been settled by the individual disabled people with a little forethought. Two particular claims come to hand involving airports and the payment for the use of wheelchairs. Both cases were won by the claimant - the disabled person. In one case, the complainant failed to purchase a wheelchair for which he had received compensation from the court and then attended at a further court hearing on an appeal hearing by the airline and then demanded the use of wheelchair as he could not access the court even though he had been awarded funding to purchase a wheelchair months before. The court had to be adjourned for another time so that a wheelchair could be made available. Solicitors, barristers, court staff, a judge and time had to be paid for out of the pubic purse because the disabled individuals actions. Why on earth this case was supported by the DRC - other than for publicity - we shall never know.

EURO NEWS

FLIGHT COMPENSATION

[1] Following on from the July 2006 Euro news report, the announced changes in disabled air travelling will also now cover damage caused to wheelchairs whilst in transit airport - flight -airport. Under the new laws, disabled travellers will be entitled to compensation if their equipment is damaged but it will remain to be seen how compensation will be paid and who pays it.

When travelling by air, the first thing to make sure is that you have sufficient personal insurance cover and full cover for your wheelchair or other medical equipment. There are many different ‘agencies’ involved in the handling of luggage if your wheelchair is checked in at the same time as you check-in for your flight and remember, this is the last time you will see it until hopefully it arrives at the other end. The check-in staff who could be employed by the airport handling company or the airline you are travelling by or their agent can put your wheelchair onto the luggage belt, then the wheelchair passes onto a ramp where the baggage handlers or mechanical equipment removes it.

The wheelchair is then placed onto a baggage vehicle to be taking to the aircraft where more staff remove it and place it in the baggage hold on the aircraft. On landing, much of the same process is repeated until your wheelchair appears on the revolving baggage belts hopefully intact. If not, from whom do your claim from as the wheelchair or other equipment has passed through some five or six different employers in the UK and at your destination? The first thing to do if your wheelchair does not arrive is to ask the airline/holiday representative to confirm that it was actually placed on board your flight in the UK. Often luggage misses flights or is placed on the wrong flight. This may take a while, sometimes days, to clarify but in the mean time you are without a wheelchair. Try to borrow one from the airport as a temporary means of mobility or if this is not possible demand that your representative/airline does something immediately to keep you mobile otherwise you may well find that you will be stuck at the airport until other arrangements can be made or your wheelchair arrives. Very often luggage not placed on board an aircraft is placed on board the very next flight which will arrive within hours at poplar destinations in Europe such as Spain. Hopefully none of this will not happen to you.

What happens If the wheelchair cannot be located? Report it immediately to the local police at the airport - see next paragraph - but if the wheelchair arrives and is damaged then immediately whilst at the airport report the damage to your holiday representative and airline and demand a copy of the accident report. If you are not taking a package holiday then go to the airline desk or agents for that airline at your arrival airport and report the damage immediately and again demand a copy of the report. If you need help with the local language then request it from the representative who should be able to speak the local language if you cannot speak it or ask the airline representative to report the matter.

There are always police officers and open police offices at airports during flights operations. Do not be palmed off by holiday representatives, airline staff and others saying it is not necessary to report the matter to the police as it is most certainly necessary if you have to make a successful claim against your holiday insurance. Your insurance company will require a copy of the police report and the ‘crime number’ or its equivalent before paying up. If you have to hire a wheelchair whilst on holiday or when you return to the UK until you receive a new wheelchair than keep all the receipts and claim from your insurance company the total cost of the loss of your own wheelchair plus any expenses. Claim everything that you have to pay out due to your loss of your wheelchair or other equipment with receipts to back up your claims.

As a wheelchair user myself at airports, I always stay in my wheel-chair right up to the aircraft doors and then see it placed in the aircrafts hold. By doing this, the wheelchair will be on top of the rest of the luggage rather under tons of other heavy suit cases. After landing, the chair will be removed from the hold and given to you via a loading lift at one of the front end passenger doors of the aircraft. The odds of the wheelchair being damaged by using this methods will have been dramatically decreased.

As many of you who have travelled by air before will know, arrangements are made by the cabin staff/pilot during the flight for you to be lifted from the aircraft on arrival at either end and holiday companies and airlines will arrange the arrangements before the flight to load you onto the aircraft. This latter arrangement must be carried out when booking the flight/holiday and must be confirmed at your holiday destination airport three/four days before your return flight by telephone to the holiday company or airline.

In addition to wheelchairs, portable oxygen supplies may also be transported on board aircraft but not all airlines will permit them on board so check before travelling. These expensive pieces of equipment should not in any circumstances be placed in the hold of the aircraft. Unless they can be carried in the cabin with you, then you are advised to find an airline that will permit then in the passenger cabin. Beware of additional charges being made.

The carriage of small portable oxygen cylinders will be permitted by a number of different airlines but not all. A number of UK airlines, both charter and schedule, will permit the carriage of two small portable cylinders in the passenger cabin but charges could be astronomical. It is important to check that any oxygen equipment is closed own and all valves and tubing removed from the cylinder or equipment before travel. The valves and tubing should be transported with you inside the cabin.

As I write in July 2006, Monarch Airlines www.flymonarch.com charter and schedule flights will carry two small portable cylinders normally for FREE on flights no longer than two and half hours in duration. Please check with the airline before travel to ensure this arrangement is still operating. The carriage has to be booked - both ends - before the flights and letters from doctors and/or consultants be obtained to confirm your ability to fly safely will be required. These qualifying letters should not be more than four weeks old at the time of the outbound and inbound flights, so work out the flight time cycle carefully, because if the letter expires the four week period before you board the return flight you may find that you will be refused

your return flight until a current letter permitting you to fly can be obtained from a doctor/consultant. The cost of such a letter will be your responsibility. On Charter flights and on some schedule flights, you may be asked to pay for the return flight even though you may have a return ticket as such tickets are not normally or necessarily transferable. Check your tickets against such eventualities when purchasing them.

It is important for you to take the original letters with you on the flights together with the disconnected operation valves and tubing necessary for you to use the oxygen at your destination. The oxygen cylinders should be packed into a bag that complies with the size of luggage permitted inside the passenger cabin which still varies on the airlines requirements and no larger otherwise it will be refused.

You will not normally be permitted to use your own supply of oxygen during the flights due to cabin pressurisation but if you do need to have oxygen on the flight as a matter of ‘course’ as part of on-going treatment you may well be charged for its use by the airline - this could be very very expensive. The oxygen supplies on aircraft are provided for emergency use only such as cabin depressurisation and not for treating passengers with known, current and reoccurring breathing problems. The cabin staff will supply the oxygen in an emergency but at a price so make sure your holiday or travelling insurance covers this eventuality. - not many do. The airline will be aware of your health problems as you will have declared them before the flight so if you require oxygen as part of an on-going health problem make sure you can fly without the need for oxygen during the period time of your flight.

As an alternative arrangement rather than taking oxygen cylinders with you on the flight - UK and foreign customs officials and security staff treat oxygen cylinders and the valves with justifiable alarm - many of us have an oxygen supply delivered to our homes in the UK and this can also be provided, within reason, to other European countries by prior arrangement for a short period of time. Contact your oxygen suppler to see if it can be arranged.

It should also be remembered that the Disability Discrimination Acts 1995 and 2005 as such only applies in the United Kingdom but other European Union Countries have controls concerning mobility, access and discrimination which must be adhered to. We will be featuring this subject in the September 2006 issue of the Law and Benefit Review in an article headed HUMAN RIGHTS - EURO STYLE due to the comments being made by the Leader of the Conservator party who is talking about abandoning the Human Rights Act in the United Kingdom if he came into power. The European Parliament has just completed the 2006 annual report on Human Rights across the world in which the EU pressing for the EU to step up support for the proposed United Nations convention on the rights of Disabled people. More in September.

GENERAL MATTERS

PENSIONERS LEFT WITH £8.49 PER DAY

[1] Does that sound about right? One in ten pensioners have to survive on £8.49 per day or £59.43 a week after paying their utility bills. Soaring water, gas, electricity and council tax take a large chunk of income - resulting in those affected being forced to return to work beyond retirement age and make substantial cut backs on their life styles. The remaining funds of £8.49 per day are spent on cheap supermarket food but not clothes or telephone bills. In this respect, disabled and elderly people on state benefits and pensions should be better off as they are exempt from council tax and rent if in receipt of Housing Benefit.

The failure of many thousands of pensioners to claim what is rightly theirs as state benefits is partially to blame for this state of affairs and the miserly annually increases in state benefits and pensions another. If increases were immediately restored to the links with earnings as the Labour government have recently indicated, instead of waiting to 2020 to do this, then some relief may be obtained now, but in the meantime many people will go deeper into debt. This eye-opening survey was carried out by the Prudential Assurance company www.pru.co.uk with help from Age Concern www.ageconcern.org.uk

COMPULSORY WATER METERS

[2] More gloom on the horizon for all particular disabled and elderly people on low incomes in the South East of the UK. Whilst Thames Water Utilities appear to be getting away ‘scot-free’ for allowing millions of gallons of water to escape down the drain and not being fined by the water watchdog Oftel, the German owners of Thames Waters scoop away £37.000.000 million as profit. Jo public are once again in line as being the made the Jo muggings by the Environmental Agency who want a blanket introduction of water meters in order to ration consumption.

These proposals to be implemented by 2015 will cost the tax-payer and water consumer £1 billion which surely will be added to customers water bills. In theory, single people, pensioners and disabled people would benefit from the meters whilst families would pay more. What if a disabled person on his/her own suffers from say arthritis and needs to take hot showers twice a day to relieve pain and help them sleep - will they suffer extra costs? The law as it stands at the moment says that water meters cannot be legally imposed on consumers if the do not want them but the new proposals indicates that when a home changes hands, if the home user is a heavy user or there is a swimming pool or sprinkler system operated at the property, then a water meter can be installed even if the house-holder refuses. This could also generate new legislation compelling people to have water meters fitted to their homes.

There obviously needs some clarification here insofar as elderly and disabled people are concerned some of whom suffer from arthritic conditions and also may have high laundry costs, otherwise water charges aimed at state benefit receivers and pensioners will not be able to be paid, causing serious financial problems. Disability Matters will be writing to Thames Water Utilities www.thameswateruk.co.uk

the Environmental Agency, www.environmental-agency.gv.uk

the National Consumer Council www.ncc.org and the watchdog Oftel to see what they have to say.

Next April, 2007, state pensions and benefits are scheduled to rise by only just 2.1%, how much will the water bill rise by then?

MESSAGE IN A GREEN BOTTLE

[3] Many of you may already know about this scheme but it will not hurt repeating it for new viewers. The free and simple scheme operated by local authorities goes a long way to giving some comfort to vulnerable people in their own home. A plastic bottle with a white cross on a green background on it, is stored in a fridge containing vital information about the individual concerned, relatives or carers to contact in case of emergency, telephone numbers and addresses, medication being taken, doctors details, illness/diseases, allergy’s, oxygen supply, etc. Participants also place a supplied white cross on a green background on the outside of the fridge door and another by the front door so that ambulance crews, doctors or the police who are aware of the schme can find information quickly about you if you are found to be unconscious or disorientated from the bottle stored in the fridge.

To obtain a bottle in the South Cotswolds contact Les Haines the Community Safety Officer at Cotswold District Council at 01285 - 623000. Doctors practices and hospitals also keep stocks of the bottle which they will be pleased to give to you. Make sure that you record your details accurately on the form inside the bottle or ask somebody to do it for you as this information may well be vital to your health and stop any delay in your treatment.

ENERGY BILLS

[4] Good news and or bad news first? OK, reasonable good news first. Oftel, the energy supply industry watchdog has announced the introduction of a new ombudsman service to rule on disputed bills. The new Energy Supply Ombudsman, Elizabeth France, will be able to settle disputes and award customers compensation of up to £5,000 and deal with complaints about customer transfers. This aspect of the utility service has resulted in many thousands of complaints.

The biggest source of complaint is that of incorrect electricity and gas bills which causes upsets to customers but does not cause real hardship to those affected. The new ombudsman will insist that utility industry’s ‘play ball’ to provide a better service to customers. Call centres also come into some criticism for ’appalling service’ from its call centres based outside the UK and bills over two years old presented by utility companies will no longer be valid.

The bad news - Gas bills are being reported to be soaring again during the year 2006, by an average of £100, or 10% in the next two months. A number of dramatic price rises such as the cost of wholesale gas have allegedly driven up the price of gas by an average of 72% over the last three years whilst electricity costs have risen by 50% State benefits have risen during that period by approximately 4.2% - a deficit of 117.80 per cent in the value of state benefit and pensions receivers over the same time scale. British Gas and Powergen have so far been named as likely candidates for increasing their customers bills. Customers have been hit by a increase of about a third in the last twelve months for utilities including a 22% rise in March 2006. In the meantime, shareholders, at the same time, are being paid 22% increase in their share holdings. So has the price of wholesale gas increased or are shareholders just happening to be demanding increases of 22% - who is conning who? Disability Matters will ask the new Ombudsman to see what she say’s.

OUTSTANDING COUNCIL TAX

[5] It has been revealed since the gaoling of a 69 year old female pensioner for failing to pay her council tax, that there is some £700 million uncollected council tax in England and Wales. Derby City Council who goaled the lady for owing £798.00, has apparently failed to collect over £3 million from their own community tax payers. Why was Mrs Rooney picked on, why? because she stood up against the local authority for failing her and her neighbours.

Why is so much council tax outstanding whilst local authorities everywhere plead poverty whenever care is asked for? What is being done to collect these arrears? This is really public money that is being uncollected and which could do so much for communities. Words fail me.

CHIP AND PIN CARDS

[6] As everybody will be aware, since February 14 2006, users of bank, store and credit cards would have been required to enter a PIN or Personal Identification Number into a machine after purchasing goods or obtaining money from some cash machines located ‘in-store’.

The impact of this scheme has to a certain extent had a dramatic effect on the way some disabled shoppers now shop, some have stopped using their cards all together as they cannot general handle the scheme due to their disabilities restricting the use of the card or because of the sheer complexity and problems with the machines into which the PIN numbers are inserted. Earlier complaints from people suffering from sight impairments revealed that the numbers on the punch code on the machines were poorly coloured and too small for them to read. Post Offices were the most guilty of this but many. if not all, replaced the original machines but still apparently problems are existing everywhere.

The Leonard Cheshire Foundation is now investigating the impact of the ’Chip and Pin’ system on disabled - and non-disabled people as part of a wider campaign around access to banking and financial services. An on-line survey form can be downloaded from www.leonard-cheshire.org/chipandpin and returned, when completed, to the address supplied at Lee Webster, Policy and Campaigns Team, Leonard Cheshire, Freepost, SW5925, London, SW1P4YY. There is a stop date of August 4 2006 so you have just a few days if you wish to take part.

FREE CASH MACHINES IN POST OFFICES

[7] At last some good news on the Post Office front. During the next five years, 1500 no-fee cash machines are to be installed in branches up and down the country. The charging of £1.50 per transaction on current machines has been severely criticised by consumers and disability groups for sometime whilst the majority of cash machines located at banks and building societies make no charge at all. Unfortunately, many people resident in rural and country areas cannot easily access the non-charging machines, as they are not located in their villages.

There are some 2500 cash machines installed in post offices of which 1820 make charges. The charging at post offices cash machines has been particularly cruel as many elderly and disabled people have no other option that to use these machines to obtain cash from their pensions and benefits at £1.50 a transaction which in turn left such people vulnerable as they have been withdrawing all their pension or benefits at one time, to save on the cash machine fees, and then carrying the money home and having cash in the home.

When all the changes have taken place, it will still leave a ratio of 50 - 50 of charging/non-charging cash points at post offices so please check before making your withdrawal if a charge will be made or not. Many of you will unfortunately not be able to avoid the ‘charges’ so complain strongly to the operators of the post office or store because they are no doubt receiving a percentage of every transaction carried out at the cash machine. If one person uses a ‘charging’ cash machine once a week, that person will lose £78.00 per annum from their pension or benefit if they access the cash machine once a week. Many people will remain a ‘captive audience’ by still being faced with a ‘charge’ for obtaining their own money. Why all the ’charging’ machines are not being replaced has not really been explained, and in our opinion will leave a two-tier system operating. The only real answer is ‘profit’ and the delays in completing the announced changes is due to contracts fulfilling the length of the contract the machine was installed for. Despite the installation of new non-charging machines, there are still cash machines that incur a charge being installed believe it or not at post offices and elsewhere. There are currently 24,000 cash machines of all kinds at many venues in the UK so the installation of only 1500 non-charging machines at post offices is pretty pathetic really. If your post office has a ‘charging’ machine that you are forced to use because of the lack of any other cash points in your area then complain to the post office owners and get your neighbours to do so as well.

UNSOLICITED CHEQUES/LOANS

[8] Are you repeatedly receiving unsolicited blank cheques with your name on from your credit card company’s unexpectedly through the post? Do you receive unsolicited cheques in your name for loans? If the answer is ‘yes’ then stop it and protect your identity.

Do you ever think how many of these blank cheques and named cheques are sent to you and are never received by you, if so, where do these cheques end up? Do they contain your credit card account details, your name? Yes they do and they also know your home address. The Banking Code Standards Board says that under Section 10.15 of the banking code, you have the opportunity to say you do not want to receive credit card cheques. Contact your credit card issuer and inform them that you no longer wish to receive any blank cheques from them. Providing that the card issuer is a subscriber to the Banking Code, it will be obliged to stop sending you any such cheques. There is a list of subscribers on the website www.bankingcode.org.uk for you to confirm that the credit card company you use is a subscriber to the banking code.

High Street banks have their own individual codes for sending out cheque cards and cheque-books to you so if you are not happy in the way that cheque-books, cheque cards and paying in books are sent to you then contact your own bank. You may collect them yourself from your banks branch if you wish. This practice by banks and credit card companies to send individuals cards and blank cheques without prior notification is in the opinion of Disability Matters unacceptable, as the recipients will have no idea what is being mailed to them and will not ‘miss’ them if they are not delivered. It would be easy for customers to collect items from their local bank branch and credit cards could also be sent to such ‘safe havens’.

WINTER 2006 FLUE JABS ON RATION

[9] Some 15 million GP patients may be forced to wait for their winter fuel jabs according to the Department of Health due to manufacturing problems. GPs’ have been told to target those aged 65 and over and those over six months who have medical conditions such as heart and respirator problems. The NHS is also reducing the number of carers who are eligible for free flu jabs.

Those who qualify in order of priority are:

All those over 65

Those with chronic respiratory, heart, kidney and liver problems, diabetics, and immune suppressed individuals such as HIV and cancer patients

Those in residential care

Those who are the main carer for an elderly or disabled person and those in receipt of a carers allowance

Healthcare workers

PENSION SERVICE INFORMATION

[10] A new Pensioners Guide has been produced by the Pensions Service giving advice on income tax and state pensions, social services, transport concessions, health and other issues. The guide may be obtained from information outlets in all forms of print and from Pensioners Guide, FREEPOST NAT 12444, Gerrards Cross, SL9 OBR

AGE LEGISLATION

[11] On October 1 2006, new age legislation came into force that could affect both disabled and elderly people in employment. The retirement from work under the age of 65 will be difficult to justify but this is being reviewed onwards to 2011. This date sees employers facing new laws that will make it unlawful to make employment decisions based on a person’s age and businesses need to be prepared for this.

ACAS is the nominated agency to provide advice and guidelines on age issues. To contact their help line call 0845 7474747 or on line www.acas.org.uk or to obtain all available publications on age legislation contact 08702 42 90 90. The booklet ‘age and the workplace’ may also be ‘down-loaded’ from the ACAS website.

Debate continues as to what is to be the future retirement age and much will depends on the occupation of the person employed. Are for instance, airline pilots still to be employed over 65 years!

A booklet ‘Be Ready’ can also be obtained from 0845 715 2000 quoting ref no: APG News [E]

STATE PENSION FORECASTS

[12] A Station Pension Forecast Information Service, is provided free of charge by the Department of Works and Pensions. To have a ‘forecast’ assessment on your future state pension which is based on your NIC contributions paid during your time in full employment, contact The Combined Pension Forecasting, Room TB001, Tyneview Park, Newcastle upon Tyne, NE98 1BA or 0870-010-1684 or CPF-CAM-Team@dwp.gsi.gov.uk. quoting your NHS number. It takes about twelve weeks to obtain your written assessment and will assist you to think ahead for your retirement finance wise.

ROYAL MAIL PRICING INCREASES

[13] On August 21 2006, the way postage via the Royal Mail will be changed. The current system of pricing means that postage you pay is based on the weight of the items.

The new system will use both size and weight to calculate the cost of the postage. There will be three main size formats on which the cost will be based, Letter, Large Letter or Packet. In general, we are being told that we will pay the same or less for smaller items of post and more for larger items. To save cost for example, by folding A4 items and using C5 envelopes instead.

To help you understand the new charging system well in advance visit www.royalmail.com/change to find out more about the prices that will come into effect on the 21st. There is also a size guide which can be used to determine the new costs of the mail and a register for the e-updates that we’re issuing before the changeover. For more advice and answers you can also call 08456 113113.

NEW NATIONAL TRUST GUIDE

[14] It must be the time of year as everybody is releasing new guides. Now the National Trust has produced a new Access Guide giving information on access to the buildings and gardens they look after in England, Wales and Northern Ireland. Both Scotland and Southern Ireland have their own schemes. Contact 0870 458 4000 or enquiries@the nationaltrust.org.uk

NEWS FROM WESTMINSTER

The following Bills are progressing through the Parliamentary system: Independent Living Bill, Disabled Children & Education Bill, Disability Rights Equality and Human Rights Bill, Mental Capacity Bill, Diabled Persons [Independent Living] Bill and the Welfare Reform Bill,

STOP PRESS: A new on-line prescription service for patients in the Cotswolds, Gloucestershire, UK, has been launched. The service is called www.patientgpservices.com and enables patients to submit prescriptions online without having to visit their local doctors surgery. The service is aimed at housebound, disabled and elderly. To find out more visit www.patientgpservices.com or speak to your own GP.

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