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.
September 2006 Summer Special
[edition 6]


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INCLUDES ARTICLES ON BENEFITS AND PENSIONS NEWS, BUSINESS, DISABILITY ISSUES, UPDATES, WESTMINSTER NOTICE BOARD, EUROPEAN NEWS, ANNOUNCEMENTS, MOTORING AND HOT NEWS FOR DISABLED AND ELDERLY FOLKS ALIKE

THANKS FOR JOINING US for a second time in August 2006 and welcome to what we feel is Europe's first on-line magazine devoted to containing issues such as caring, access, independent living, reports from the Palace of Westminster, disabled and associated matters, accessibility, disabled parking, blue badge parking scheme, transport, pensions and state benefits, government departments, housing benefit, motoring and in depth articles on all matters of ‘disabled’ ,legislation effecting all elderly and disabled people - and all on one website. No postage, no membership charges, no committees, no adverts and no rubbish - all yours for free.

The LAW AND BENEFIT REVIEW [LBR] is fortunately not limited to the number of articles presented each month due to page after page being filled with advertising material that is helping to pay, along with membership fees, for the cost of a colourful and shinny publication. Our website will cover all important changes and updates affecting the elderly and disabled people of the UK, EU and the world as a whole through the world wide web and we will bring them to you first via our website rather than waiting up to three months for coverage in a posted magazine from a association or organisation.

In the July 2006 issue of the LBR, we referred to the amount of information being released by government sources, associations, organisations, the European Union, etc. on matters that will have an immediate or future effect on disabled and elderly people. It is phenomenal the amount of information currently being released. After producing the LBR for five years, the writer has never known so many changes, new measures, legislation and general matters of interest being released in such a short period, so without further a do -- upwards and onwards as news and stories break first in the LBR

BLUE BADGE INSPECTIONS ARRIVE - SEE ARTICLE 24

SEPTEMBER ‘SUMMER SPECIAL’ 2006 CONTENTS

BUSINESS

[1] NEWS BYTES
[3] BOATABILITY
[4] PASSPORT OFFICE/PILOT STRIKE
[5] PLIGHT OF POOR HOUSING
[7] PENSIONS WHITE PAPER
[8] RURAL POST OFFICES
[9] ROYAL MAIL CHANGES
[10] SUPPORT FROM ENGLISH HERITAGE
[11] NHS CHARGES ARE A MESS
[12] TALKING NEWSPAPERS
[13] HOLIDAY INSURANCE IS A RIP-OFF
[14] INTERNET FEAR FOR THE ELDERLY
[15] ATM CHARGING
[16] STREET ROBBERIES IN GLOUCESTERSHIRE
[17] MOBILES ABROAD
[18] POWER WHEELCHAIR USERS
[19] BT LINE RETAIL CHARGES UP
[20] DIGITAL TV COSTING - UPDATE
[21] CITIZENS ADVICE BUREAU NEWS -CIRENCESTER
[23] DIGITAL TV - UPDATE
[27] THE RIGHTS AND WRONGS OF A HOSE

BENEFITS

[2] OXYGEN SCANDAL [SPECIAL]
[6] DISCRIMINATION LAW REVIEW
[22] CARE PAYMENTS SHAME

MOTORING

[24] BLUE BADGE LEGISLATION CHANGES
[25] ON-LINE BLUE BADGE PARKING BAY SCHEME
[26] FREE ON-LINE TRAFFIC REPORTS [HOT NEWS]

EURO NEWS

[1] EUROPEAN ACCESSIBILITY
[2] DISABILITY CODES AND PRACTICES

[1] NEWS BYTES: GUESS WHO IS THE UK‘S MOST INFLUENTIAL DISABLED PERSON IS? See end of this LBR for the answer [1] The controversial Home Information Sale Pack scheme or Home Condition Report that was due to come on line in the UK on June 1 2007 has been slimmed down after a public outcry. The decision by Ruth Kelly MP has reduced the cost of the pack from £1000 to £300. The most controversial part of the original pack - the home condition report - has been removed to be replaced by a energy efficiency report on the property. [2] Cash machine charges [LINKS ATM’s] are hurting the poor -see article 14 below [3] The cost of living has risen from 2.2 % to 2.5% due mainly to the increases in fuel, gas and electricity charges - this could mean a rise in bank interest charges in August/September 2006 [4] The government are proposing to introduce a ‘bed tax’ on hotel and B & B establishments thus increasing the cost of holidays in the UK. [5] Petrol prices have rocketed to between £1.30 and £1.75 per litre during the last two weeks, with the price varying depending where you are in the country. Scotland is paying the highest price due to transportation charges. [6] After spending millions on a scheme to introduce ID cards to be given to UK citizens, the scheme now looks as if it has been shelved indefinitely. Concern has been expressed in the past by many disabled groups about the cost to elderly and disabled people of the cards particularly when issued jointly with new and renewed passports. [7] The penny pinching Labour Government financially supports schemes to make homes warm and energy efficient and at the same time proposes to charge a light bulb tax on ordinary bulbs. The fact that energy saving light bulbs cost in the region of 1000% more than ordinary lights bulbs appears to have alluded them. How many disabled and elderly people can afford £11.00 plus for a single energy saving light bulb? [8] As from the end of July 2006, TV Licenses or TV stamps will no longer be available at post office counters- but - almost every where else. A new yellow symbol with blue writing on it will be on display outside the premises who have taken over this service. [9] Ofcom - www.ofcom.org.uk - the government watchdog has announced that they will no longer be concerned with the formal controls on the cost of phone line rentals with BT. During the last ten years, average prices have fallen by 60 per cent. Importantly, Ofcom will continue to ensure that vulnerable groups are protected but it will be for the customer to decide whether you think a phone company is the one for them. Look at www.uswitch.com or www.SimplySwitch.com for alternative phone line companies if you are not satisfied with the service of BT. [10] Energy prises are on the rise again - yes again. British Gas announced on July 27 that their gas prices are increasing by 12% and electricity prices by 9%, this is on top of the 22% rise earlier this year. By the time you read this, presumably other utility suppliers will have increased to. What appears to be the twice monthly task of switching your supplier may be the only way to keep ahead of increases prices for gas and electricity. By connecting to the Energy Shop at www.theenergyshop.com or either of the two websites in article 9 above, you will be able to find a supplier who is prepared to sell you energy at a lower price than your existing one. Before connecting to the website have with you your most recent bills as all the in formation contained in them will be requested. Once being informed of the cheapest supplier, you will receive an application form to complete and thereafter you will have around 14 days in which to change your mind - a cooling off period. One problem is that the change over will take about two months but perceiver if you wish to sae money. A further way of reducing bills is to see if your home is energy efficient so log on to www.est.org.uk. No person in receipt of the benefits shown below should become categorised in the ’fuel poverty’ class:

Income-based Job Seekers Allowance. Income Support. Housing Benefit. Council Tax Benefit. Disability Living Allowance. Pension Credit. Working Tax Credit with a disability element and household income of less than £15,050 per annum. Industrial Injuries Disability Benefit which must include constant attendance allowance and War Disability Pension which must include the mobility supplement Child Tax Credit with household income less than £15,050.

In addition to the above benefits, people who due to special medical circumstances are dependent on their energy supply. i.e. Dialysis or Oxygen concentration, these people will also remain on standard tariff rates. It is essential that any supplier is made fully aware of these circumstances. Ensure your supplier is fully aware of all your circumstances if your are disabled or elderly.

[2] [SPECIAL] OXYGEN SCANDAL: Do you rely on a home delivery of oxygen from AIR PRODUCTS for medical needs? Have you suffered from poor delivery and a poor service from AIR PRODUCTS since they took over the delivery of Oxygen to private homes in February 2006?, then you are not alone. The Pharmaceutical Department of the Cotswold and Vale Primary Care NHS Trust have been swamped with complaints concerning AIR PRODUCTS and are currently spending many hours of tax payers money on trying to solve the unacceptable service and delivery times. Both carers and personal assistants are staying at home for hours on end waiting for deliveries that do not arrive when promised, whilst patients supply of Oxygen dwindles before their eyes. The present service and staff attitude of AIR PRODUCTS is also far from satisfactory. - the writer has experienced Air Products staff sarcasm and lack of real interest. From my own personal experience, my last two bottles of oxygen were delivered from Sheffield on a Sunday afternoon and it took nearly six days to arrive after ordering ,with six days of somebody waiting in for the delivery to arrive.

The writer also requested two bottles of oxygen on Thursday July 27 and the delivery was not made until Tuesday August 2 2006. Five days. On Sunday July 30 at 2.30. p.m. my oxygen supply ran out - so for two days I was without bottled oxygen and was housebound. On the 31st July a search was made of the Cirencester pharmacists to obtain bottled oxygen from somewhere but all the pharmacists came up with the same answer - they longer stocked oxygen. If the appalling service of AIR PRODUCTS is to continue then there is an urgent and immediate need for a Cirencester pharmacy to keep a stock of bottled oxygen for emergency use. ‘Disability Matters’ has called for the contract with AIR PRODUCTS to be cancelled and a reversal to the former system of collecting your own oxygen from your pharmacy.

Mr Geoffrey Clifton-Brown MP has been informed of the situation and he is fully supportive of this appalling service and has drawn it urgently to the attention of the Department of Health. If you have suffered similar poor service, then contact the South Cotswolds MP or your local Member of Parliament at The House of Commons, Westminster, London, SW1AOAA as soon as you can, This unacceptable service from AIR PRODUCTS must be exposed before a death occurs through their failure to deliver oxygen supplies within a reasonable time.

Many complaints are being received by the Cotswold and Vale NHS Primary Care Trust who can be contacted at Trust Headquarters, c/o Cirencester Hospital, Tetbury Road, Cirencester, Gloucestershire, GL7 1UY but they can also be contacted by asking to speak to Nicky Maze on 08454 222760 who will log your complaint without the need to write. Nicky deals with all complaints relating to medication and other related problems and is a good contact to have but as I write, she is totally engaged on dealing with nothing but complaints about Air Products. If you are suffering from oxygen delivery problems or any other matter relating to Air Products - tell Nicky as soon as you can as it is very important that patients receiving a life saving service should be treated as a priority or the previous faultless service from pharmacies revived.

[3] BOATABILITY: Yes, you read about it here first. If you are disabled and wish to charter or purchase a boat, then Botability is for you. Trained staff, fully accessible boats for wheelchair users, advice and information.

Boatability places a very high emphasis on helping customers with special needs. They have a purpose built special needs boat, and, for the safety and comfort of the disabled passenger, will carry out a tailored risk assessment before venturing out onto the water. Every effort is made to accommodate all types of special needs.

The marina offices are located on the ground floor, Lock Control Building, Port Solent Marina, Hampshire, PO6 4TJ. There is a somewhat expensive membership fee of £75.00 upwards but more information can be obtained from www.boatability.co.uk or by telephone on 0845 2608 777

[4] PASSPORT OFFICE/PILOT STRIKE: The new government computer system installed at the Passport Office to deal with on-line passport applications has had the plug pulled on it following thousands of people having to wait six or more weeks for their passport. The new system which was introduced in May 2006 has now been ditched - at least for the time being. Passport application fees of £51.00 are being refunded at public expense with additional compensation for some. This is the second time in so many years that such a problem has occurred at the approach to the holiday season.

The advice being given now by the passport office is to obtain a passport application form from a post office, complete it and send it off in the mail with the fee and the accompanying documents required but do not book or pay for your vocation until you receive your passport back. Sound advice.

This disclosure will terminate the plans of thousands of families to holiday this summer outside the UK and if this doesn't, then those who thought that they would vacationing in main land Spain during the summer period could possibly suffer from sudden strikes on the Spanish national airline carrier Iberia. British Airways and Iberia market some flights to Spain jointly so BA customers may also suffer and in matters of this kind there is every possibility of other airlines or ground staff both in Spain and the UK striking in support of their fellow trade union members. Remember Heathrow in 2004 and 2005 with the lightning unofficial walkouts by BA staff!!

The Spanish/English airports being affected so far are Heathrow -Madrid and Barcelona . The strike has already effected 240 Iberia flights both internal and international flights to the UK.

[5] PLIGHT OF POOR HOUSING: The Charity, Help the Aged and British Gas are reporting on poor housing conditions and fuel poverty among older people. The report shows that many older homeowners are living in cold and run-down housing because they cannot afford to heat them or carry out basic repairs.

The report, Older People, Decent Homes and Fuel Poverty says that although the Government has made significant progress in dealing with poor housing conditions for both council and housing association tenants, it has failed older homeowners, private tenants and those resident in rural and isolated areas.

The report reveals some awful conditions:

33% of homes occupied by older people - approximately 1.8 million households - failed the governments own ‘Decent Homes Standards. The majority of these homes are in the private sector controlled by landlords more than 25% of older households -1.46 million - live in properties which do not meet basic heating standards as defined by government over 50% of older households have heating systems which are over 12 years old - 10% higher than the general population.

These statistics are failing vulnerable older owner-occupiers on low incomes which is of particular concern to older people who have been persuaded to purchase their homes under the ‘Right to Buy’ scheme but now do not have the money or resources to make basic repairs or to heat their homes.

Copies of the full report may be viewed at https://policy.helptheaged.org.uk/policy/Community/Housing/default.htm.reports

[6] DISCRIMINATION LAW REVIEW: A green paper is expected to be published shortly containing information to equalise equality legislation so that age has the same protection from discrimination as gender and race. Calls are being made for:

a positive duty for age, which will require public bodies to take positive steps to promote age equality and eradicate age discrimination and close the loophole in the Human Rights Act, which means private providers of health and social care will have to observe human rights and age discrimination legislation to be extended to goods, facilities and services so that hospitals and the high street cannot treat people less favourable on grounds of age alone.

It is hoped that all those interested in making age equality a reality will respond to the consultation green paper.

[7] PENSIONS WHITE PAPER: Yet another government paper, this time in white, has been published and lays out the future of pensions both state and private. The Pensions Reform White Paper has been widely acclaimed as a reasonable attempt to rebuild the UK falling pensions system. The principle changes will be implemented in 2012 at the earliest, with the reports impact building up over time, but for older and retired people today, the White Paper had next to nothing for them. other than one main principle.

The most important ‘principle’ is to pay state pensions linking the payments to earnings, this will commence in 2012 at the earliest, so a few of us hopefully will have the benefit of this change which has been long awaited by many. This change is expected to amount to an income of £20 above the Pension Credit level in today’s money market value. The Government also proposes to link Pension Credit to earnings, presumably in 2012 at the earliest like state pensions.

Within the white paper, the new National Pensions Saving Scheme or NPSS, the Pensions Commission and the Comprehensive Spending Review are frequently referred to. The whole white paper is far to long and complicated to enter into here so it is suggested that those interested in their future pensions log onto www.dwp.gov.uk/pensionsreform where the consultation document will be found which is open to suggestions until September 2006.
The Department of Works and Pensions Select Committee will comment with its views on the Pension Commission report and the White paper in July 2006. There will be an opportunity to amend the Bill when it is re-introduced into Parliament in the autumn after the summer Parliamentary recess.

See also article 3 of July 2006 and article 10 of June 2006 issues of the review.

[8] RURAL POST OFFICES: What is becoming another regular topic in our monthly review's, the village Post Office’ has once again hit the head lines. Four out of ten of people of all ages are worried that the continuing closure of shops and post offices which are often in the same building. There is now a prospect of wholesale closure of post offices in rural areas in a Royal Mail ’shake up’ which is of particular concern to elderly people living there. The government pays what is called the Social Network Payment of £150 million which is helping to fund the £3 million a week running costs of rural post offices but still many of them run at a loss and eventually close.

The government funding maintains the present network of 8000 branches of post offices serving some areas of less than 10,000 people. For over 2 million pension and benefit claimants still on the old system of collecting their weekly dues, one of these branches is their nearest post office.

A current survey is taking place into the role and sustainability of the present system and how post offices can be provided in different and flexible ways. One of these ways is the Post Offices Ltd Rural Pilot Activity Report -2006 which is testing new models of post offices in 73 locations in so far as their practical operation, customer use and reaction, cost and retail and social impact. The report in full can be read on www.news.royalmialgroup.com

Post Watch South & West has examined the views of residents in 11 villages. It was found that 98% of people visited their post office at least once a month and older people would be the most affected in their post office was to close. The website www.postwatch.co.uk/regional/reports.asp will provide further details on this examination.

In rural Scotland and in remote areas such as the Highlands, village post offices and incidentally village police houses with real policemen flourish. Although the ‘post office’ often only consists of a table and two chairs in some bodies front room of their home, it serves the regular needs of the local community. They sell everything that a normal post office does other than issue vehicle excise licences. Pensions, benefits, stamps, postal orders, etc. can all be obtained from these small units which open two/three hours per day normally in the morning. Mail collections take place from all villages so if they can provide a service which is obviously sufficient for the local community why are post offices closing at the rate they are in England and Wales.

The Post Office have produced the following information on their website to assist customers:

You can no longer pay for your TV Licence at the Post Office. Instead, you should choose from the many other ways to buy a licence. These include:

Online by Direct Debit, either annually, quarterly or monthly. All you need is your bank details and TV Licence number to hand. You can also set up a direct debit at your own bank.

Online by debit or credit card. All you need is your debit or credit card and TV Licence number to hand.

By phone, using a debit or credit card. Please call 0870 241 6468 with your bank details and TV Licence number to hand.

At any PayPoint outlet, using cash or a debit card to pay for a full TV Licence. To find a local PayPoint outlet call 0870 850 7846.

With a TV Licensing savings card, using cash or a debit card. You can add savings to your savings card at any PayPoint outlet or over the phone on 0845 155 0327.

By post. Send your payment slip (if you have one) along with a cheque for the amount owed to TV Licensing, Bristol, BS98 1TL. Please make your cheque payable to 'TV Licensing' and write your name, address and TV Licence number on the back. Do not fold or staple your cheque, and do not send cash in the post.

You can no longer do the following at the Post Office:

Buy a TV Licence
Use TV Licence savings stamps
Make Cash Easy Entry payments
Apply for a blind concession
Apply for a free Over 75 TV Licence
Apply for a Short Term TV Licence
Notify us of your change of address
Upgrade from a black and white licence to colour

These changes to Post Office services do not affect customers in the Channel Islands or Isle of Man.

For all information and help contact www.postoffice.co.uk and www.royalmail.com

Also see article 8 of July 2006 and articles 7 and 13 of the August 2006 review.

[9] ROYAL MAIL CHANGES AS FROM AUGUST 21 2006: In the August 2005 review we referred to the changes in postal charges which commence on August 21, now Royal Mail have issued further precise information as previously wrong calculations between inches and centimetres had been made by them:

LETTERS: The maximum weight for ordinary letters by first and second class post will rise from 60 gm to 100 gm. These weights will accommodate six A4 sheets of light paper folded in half and sent in a brown half A4 envelope as we tested on July 16.

LARGE LETTERS: The minimum cost will be 37p for a A4 envelope, magazine or large birthday or Christmas card.

PARCELS: Anything larger than an A4 envelope, thicker and longer than an A4 envelope will have to be taken to a post office to be weighed for the cost of the postage.
Every household in the country should by now be receiving cards from Royal Mail providing the information we have provided in the LBR August 2006 and Summer Special 2006 issues plus a size card so that you can measure your mail before posting. Small weighing machines measuring grams are also appearing on the market which will save trips to the post office counter once the postage amounts have been learnt.

Please see article 13 of the August 2006 LBR and article 14 of the Summer Special 2006 shown here:

On July 31, claims were made by consumer groups that the Royal Mail shake-up, the largest for 165 years, will be a ‘mega-disaster’. Confusing information has apparently been issued by Royal Mail to customers with wrong weight details being quoted. Fears of long-queue's at post offices, with people unsure of the weight and how much postage their mail will cost. PostWatch has also expressed fears of the scheme not working as it should.

We have already published a list of weight and postage rates in previous issues of the Law and Benefit Review as indicated above but some of this information was issued wrongly by Royal Mail.

Briefly: A ‘letter’ must weigh less than 100 gm or 0.35 oz, be less than 55 mm thick ,and be no more than 240 mm or 9.4” and 165 mm or 6.5” in size. A ‘large letter’ must weigh less than 750 gm or 26.5 oz be less than 25 mm or 1” thick and not exceed 353 mm or 13.9” by 250 mm or 9.8 mm. All other mail exceeding these sizes will be treated as ‘parcels’. Everybody should have received at least two information packs form Royal Mail by now, if not contact your local Royal Mail sorting office.

[10] SUPPORT FROM ENGLISH HERITAGE: Following communications with the South West Region of English Heritage, Disability Matters has confirmed that English Heritage fully supports the principle of non-discriminatory access to historic buildings where this is ‘reasonably’ achievable.

A guidance book has been published by English Heritage called ‘Easy Access to Historic Buildings’ which is intended to guide those wishing to provide non-discriminatory access to within listed and other historic buildings. It may be downloaded from the English Heritage website https://www.english-heritage.or.uk/upload/pdf/EH_EasyAccess_2004.pdf

The Disability Discrimination Acts 1995 and 2005 make no exemption to either listed and historic buildings being outside the confines of the two acts. Both listed and historic buildings should be fully accessible to all disabled people and DISABILITY MATTERS will defend any attempt to exempt them.

[11] NHS CHARGES ARE A MESS: Four years ago, the writer was engaged in six months of exchanging correspondence with Cheltenham General Hospital concerning the cost of telephone calls to and from the hospital bed-phone service after receiving the highest telephone account from BT in 60 years of life, just for using the bed-side telephone and for ringing into this telephone service after three weeks in that hospital as a patient.

Finally the Labour Government have woken up to the fact that the NHS charging system for parking, phone costs, eye tests, prescriptions and dental care in England is a “mess”. A Parliamentary Health Select Committee are calling for a review of the charging problem.

Already the committee is suggesting that prescription charging should be re-vamped [such charges are already free in Wales] and parking made free for those who have to attend hospitals daily for treatment and for others who attend hospital for care should have ’season tickets’ at a reduced rate supposedly. Between 2004/2005, hospitals charged a total of £78m for using hospital car parks of which the public paid £63m, presumably, the difference was paid by hospital staff. In the short term parking fees should be reduced - or eliminated all together for patients attending hospital on a regular basis. One fear is that if parking charges are abolished, unscrupulous shoppers will use the hospital car parks whilst trailing around the shops in the same way as supermarket car parks are currently being abused. There are ways of around this abuse by producing a day pass given to the patient to give up when leaving the car park and given to them by the clinic/ward/treatment area where they have attended. Shoppers will not have such a pass so they can be charged high parking charges to deter them from using the hospital facilities as a free-bee. Easy.

This report comes on the back of the announcement that it may not be possible in the future for the NHS to pay for every possible medical treatment. It is also being suggested - and not before time - that patients attending A & E for non-emergency care and those who miss GP appointments should be charged. The current loss to the NHS for a missed appointment at a hospital is an average £55.00 with hundreds of people failing to turn up for individual hospitals appointments each month. Doctors surgeries suffer similar financial losses. The list for medical exemption charges is also due for reassessment as the last time this was carried out was in 1968.

The cost of telephone charges to and from hospitals has also been attacked where incoming calls cost £0.49 per minute and outgoing calls - well they were in the region of 75p per minute in 2003!

[12] TALKING NEWSPAPERS: Whilst it is appreciated that this article may be teaching many of you to suck eggs, there are many out there who do not know about the Talking Newspaper Association of the United Kingdom [TNAUK].

For those who have difficulty in reading the printed word, newspapers, books and some magazines can be enjoyed in both a audio and electronic format. The Daily Mail for instance provides a taped digest of their newspapers every week on subscription while each days edition is available through e-text.

To receive these services contact the Talking Newspaper on 0870 442 9582 or www.info@tnauk.org.uk or at The Talking Newspaper Association, National Recording Centre, Heathfield, East Sussex, TH21 8DB

[13] IS HOLIDAY INSURANCE IS A RIP-OFF: [UPDATE] The question of holiday insurance was covered in item 2 of the July 2006 issue of the review in which we reminded you to obtain sufficient insurance cover for the purpose that you specifically require it, such as the carriage of wheelchairs and other medical equipment on board on aircraft.

‘Which’ the consumer protection group says that holiday makers that purchase insurance from travel agents are paying over the odds and could be left with inadequate cover. There is no legal obligation for holiday insurance to be obtained from travel agents. It has been proved time and time again that travel agents have informed their customers that it is ‘compulsory’ for them to take out insurance cover, normally theirs, in order to book the holiday. It is not. There is no legality or compulsion for travellers to hold any insurance cover at all - foolish yes- but not compulsory.

The failure to ask the right questions concerning existing medical conditions by travel agents and others such as what in fact the insurance covers? what was excluded such as boating? how much medical cover is offered? all of which and other matters, if not answered correctly, could well invalidate the insurance policy or leave inadequate insurance cover. for the insured.

Shop around, check the information about the policy and check the small print on the policy itself to see if it is suitable for your requirements. How much excess would you have to pay when making a claim? how much is the policy,? some travel agents are alleged to have charged a family of four over £200 more than the insurance offered in high street banks and insurers. It is not a good idea to purchase insurance from a machine at an airport or seaport. Very limited information is normally available on the documentation and the purchaser is total reliant on the postal system in delivering the insurance notification to the supplier of the insurance which could not necessarily be based in the UK.

What proof have you that you posted the notification slip, as airports in the UK do not normally have post offices in them where some form of certified or registered post can be obtained and even then if the insurance company deny that they have received your dated and timed notification, posted minutes before the flight, when you have a claim for thousands of US dollars following medical treatment after an accident in sunny USA and the hospital will not yet you leave before the charges are paid - think about it.

[14] INTERNET FEAR BY THE ELDERLY: Surely not? but it would appear that many older people are missing out on vital services by not using the internet watchdogs are warning. Support is craved by future surfers to help them over-come the fear of the internet. Courses are designed and run by older surfers for their equals and which are often advertised in local newspapers. Some 60 per cent of over 65’s don’t understand and have no wish to understand the workings of the internet saying that they see no benefit in doing so. The World Wide Web has more easily accessible information on any subject matters than any library anywhere in the world - that’s the advantage of the world wide web but understandable, elderly people were not brought up on instant contact, speedy mail and mass information - sometimes I feel swamped by all the information that appears on screen after a simple ‘click’ so I can well under the reluctance of many of our age group to remain ‘snails’

[15] ATM CHARGES: [UPDATE] New information is being released concerning LINKS ATM cash machines located in post offices and other outlets who make charges for customers obtaining their own money by the use of credit and bank cards. It has been revealed that charges can range between £1.50 to £3.00 dependent on where the cash machine is located. 40% out of 54,000 cash machines now make a charge and 22% of LINK machines also make a charge. There are 70 areas in the UK where the only cash machine that has been installed is a LINKS machine and therefore a chargeable exercise for elderly and disabled people who are often unable to travel to the nearest located cash machine that makes no charge.

Once again the elderly and the disabled are being hit hard in the pocket. Ambulant people can afford or are capable of driving to their nearest town to obtain their cash but even then they could be subjected to a parking charge and certainly the cost of petrol used by the car has to be taken into consideration when adding up the overall charge just to obtain your own money. Such people can obviously choose between paying the local LINKS charge or the cost of fuel and parking. Most elderly and disabled do not have this chose.

Previous reference to cash machines were made in article 8 of the July 2006 review, and article 7 of the August 2006 review

Bank and debit credit cards have also been ridiculed for the charges they make when withdrawals are made from cash machines aboard. Banks make a withdrawal charge almost every time a withdrawal of cash or a purchase is made whilst used outside the UK with the percentage charge varying dependent on the bank or card company.

Debit cards attract more charges than bank cards. UK visitors abroad last year were charged £535 million from transactions outside the UK. As an example, an individual withdrawing £100 cash and buying £1000 worth of gifts would attract between £36.50 and £81.00 dependent of whose bank card or credit card has been used. Cash only withdrawal also attract varying charge rates from £1.50 to £4.75 per withdrawal again dependent on whose card is used. Once again UK citizens are being subjected to exorbitant charges when compared with EU citizens who pay a flat rate of 1.5% across the board.

How do you over come this rip-off. Two ways, either take euro-cheques with you from the UK which should not attract any charge or cash - Euros if travelling to a EU country. If choosing either of these methods keep the cheques/cash safe during your journey and then deposit them immediately in your hotel deposit safe at your hotel. A small charge will be made for this service or if your hotel is of a higher star rating then each room will have their own deposit safe for cash, cheques, credit cards and watches, etc. to be kept.

Please do not sign the euro-cheques or any other cheques until you need to use them even if the issuing bank or travel agents ask you to and keep all identification completely separate from the cheques and only take out of the deposit safe as much as you will need for the day trip you are undertaking. Keep full details of the euro-cheques separate. Both numbers and value should be recorded so if the cheques are stolen you can inform the issuers of the theft and they will normally re-issue cheques to the same value which can be delivered to your holiday destination often within 24 hours of the loss being reported.

[16] MOBILES ABROAD [UPDATE] From our previous articles on this subject in July and August 2006, it can cost a fortune to phone home from outside the UK. The website www.thisismoney.co.uk/bills will attempt to cut the cost of calls by switching supplier but do not forget our advice that buying a local sim card in the country you are visiting and using it in that country will save you a fortune. Most of the charges made by UK suppliers are hidden in small print or calculated using current exchange or conversion rates making it virtually impossible to work out the charges.

Obviously your cell phone will have a new number for the duration of the holiday or business trip so do not forget to tell anybody you are expecting to call of the new ‘temporary’ number. One way to ensure that you have a ’temporary’ number before you leave UK shores is to contact either www.sim4travel.com or www.0044.co.uk who will sell you are a SIM card in the UK for the country or countries you will be visiting. The ’temporary’ number will not operate until you step off the aircraft and switch your cell phone on, up will come the ‘temporary’ number and do not forget that any written word will be in the language of the country you are in. You will then have to ‘top up’ locally with call charges at the airport or from a local mobile phone shop, supermarket, newsagents or from the other multitude of outlets in the country of your visit - again do not forget the local language. Sims cards cost between £10 and £20.00 but it costs nothing -yes nothing - to receive a call in a EU country origination from the UK unlike UK SIM cards which attract hefty charging of over a £1. This system is worth carrying out if you expect to spend more 30 minutes on your mobile whist away - what mother or daughter will spend less time than this on their mobile yapping to one another?

In resorts where English ex-pats have set up home, local English newspapers often have advertisements providing even cheaper calls to the UK for free by inserting a code before the number you are dialling. In Spain for instance, a call to the UK can cost less than 5p a minute.

On July 13, the European Union revealed watered down proposals to cut the cost of using cell phones out of the UK and the pledge to drop to charge for receiving a call whilst on holiday or generally out of the home country of the cell phone has been dropped following pressure from the industry. This does not include ‘locally’ purchased SIM cards.

Instead, Brussels proposes to cap the size of the charge to around 11p a minute more than £1.00 down on the charge currently been administered by the operators so there will be a saving. The cost of calls home to the UK will be reduced to 34p per minute, down from the current charging of between 55p and 85p. These changes should be in operation by summer 2007. I bet you did not realise for saying “Hello mum” when answering your cell phone on the Costa Brava now, costs you £1.20?

[17] GLOUCESTERSHIRE ROBBERIES: Home Office figures have revealed that street robberies in Gloucestershire have risen by 24%. The figures have not been broken down into the identification of victims but mobiles and iPods have been identified as the items most commonly stolen as part of a robbery. Whilst these figures are high, there is no reason to think that elderly or disabled people have been targeted as victims of this crime although in Blackburn a male pensioner was caught on CCTV being robbed of his wallet in which £165 of pension money just collected from a post office was taken from him. The Lancashire police, according to the Daily Mail for July 21 2006, said that the man was targeted simply because he was old. So this is a warning to us all, lets be careful out there.

Take care not to openly carry your mobile for all to see, keep it out of sight in an inside pocket or closed bag and when using it, try not to stand in an exposed space where the mobile can be snatched from you. I have not seen too many elderly or disabled people with their IPods on so we will ignore this side of the equation for the moment. If somebody does attempt to steal your mobile, bag, cash, then let them have it - don’t attempt to fight the perpetrator off and beware of weapons such as knifes and guns which unfortunately a common attachment for robbers. Keep clam and report the matter to the police immediately.

We have all carried mobiles, wallets, purses, credit cards, jewellery, handbags or cash at some time so keep them safe in an inside pocket or handbag kept close to your body such as under your arm ladies. Keep them locked closed so that they cannot be ‘picked’ and before leaving home think about if you really need to take any of the above with you - only take what you really need to keep safe.

Other reported crimes are generally down, and the chance of being a ‘victim’ of crime is the lowest it has been since 1981.

[18] POWERED WHEELCHAIR USERS: [SPECIAL]: The dangerous practice of disabled people using their powered wheelchairs on public roads as if they were driving a car is becoming a menace. This increasing practice is becoming particularly noticeable in Cirencester for no real justifiable reason as the pavements are well supplied with drop-kerbs allowing easy access to cross roads and junctions. Many thousands of powered scooters are not designed or made or intended to be used on public roads. A red scooter being ridden by an elderly female has recently been seen travelling around the Waitrose roundabout cutting from the inside kerb to the kerb of the roundabout and back across to the Cirencester hospital approach road where she entered without any realisation of the fast moving traffic approaching her from every direction. This is an extremely dangerous practice and I have no doubts that the lady concerned has no idea of the mayhem that she left behind her.

It is highly unlikely that the disabled people who insist of driving down roads preventing the free movement of vehicular traffic are insured so any damage that occurs will be claimed against the user of the scooter direct. It is noticeable that many users of the power scooters have next to no road sense at all and change direction without signalling or looking behind them. Many scooters have no mirrors, no indicators and no break lights and can stop far quicker than a motor vehicle travelling behind them with consequential results.

PLEASE, stop this unwise, silly and dangerous practice before a serious accident occurs. There is plenty of ‘safe’ room on pavements and the local authorities in the Cotswolds area have carried out extensive disabled friendly alterations to permit wheelchairs and scooters to use pavement areas and to cross roads safely. When moving along pavements travel at a speed that is safe and in which you can easily stop. Pedestrians walk at about 3 mph and with some powered scooters designed to travel at 8 mph, care has to be taken as a pedestrian being struck by a scooter travelling at 8 mph can break a leg like a matchstick and a powered scooter can pass through £5000. plate glass window without any problem. Take care all you users and keep off the road!

Central Government is now being asked to regulate the use of scooters and power wheel chairs following concerns from many about the speed of new scooters as they are posing a serious threat to both the operators and pedestrians alike. What the need to travel around pedestrian areas at 8 mph is yet to be established.

There is a relatively new Highway Code for Electric Scooters and Wheelchairs Users and a Code of Practice issued by the BHTA which needs to be adhered to by all operators of powered scooters and this can be down-loaded from www.bhta.com or call 01787 882244 for a copy. DISABILITY MATTERS supports the control of powered scooters by legislation if necessary and certainly supports the proposals to pass legislation for scooter users to have compulsory insurance cover before using their scooters in a public place. The government official Highway Code for drivers of motor vehicle suggests that wheelchairs and scooters should be treated as a combination of pedestrians and cyclists

[19] PENSIONERS MAY FACE HIGHER ‘PHONE BILLS: BT is expected to cut the cost of telephone calls in a ‘free-for-all’ with other suppliers but at the same time increase their line retail currently at £11.00 per month. Any increase in line rentals will affect those who use their telephone the least. Pensioner groups are already saying that any increases on the rental costs which take a large chunk out of pensions and benefits each month will increase the difficulties in making ends meet.

The Citizens Advice Bureau says that any increases in line rentals could have a negative impact on low-income and vulnerable groups of people and particularly people whose line rental makes up the majority of their telephone bill. Ofcom has said BT has given promises to restrict line rental increases to protect those on low incomes and vulnerable groups particularly where the rental charge is the over-whelming majority of their phone bill.

There are a number of elderly and disabled people who only have a BT phone line to enable them to use an emergency call system that links through a telephone line to local ambulance services or social services so any rise in the rental of the line will effect them most of all.

[20] DIGITAL TELEVISION COSTING - UPDATE: In article 1 of the June 2006 issue of the review, we reported on the switch over to digital television and the financial problems that may be faced by low income elderly and disabled people.
Following a letter to The Department of Culture, Media and Sports from DISABILITY MATTERS a ‘double first’ as been achieved. We have [a] help draw to the attention of a government department of the possible financial difficulties for elderly and disabled people by this government induced change over and [b] we are one of the first reporting the outcome to the world in the Law and Benefit Review.

I can do no better than partly quote from a letter dated June 12 2006 and sent to Disability Matters by Shaun Woodward MP, Minister for Culture, Media and Sport:

“We are aware, however, that affordability remains an issue of concern for some viewers, particularly older viewers, and that some viewers will need help with installing the equipment. It has been announced that help will be available to households where one person is aged 75 or older and where one person has a serious disability [receiving either disability living allowance or attendance allowance]. The assistance will be available FREE OF CHARGE to households where the person entitled also receives pension credit or income support or jobseekers allowance. Households not receiving these benefits will pay a modest fee“.

The above scheme will be funded by the BBC and appears in their BBC White paper published in March 2006. At this time, the Minister is unable to provide any specific details of exactly what help will be available to individuals receiving the above benefits but they will be announced in due course. Disability Matters will continually review this matter and report further as changes are announced. You will read it here first - be assured of that.

[21] CITIZENS ADVICE BUREAU NEWS IN CIRENCESTER: The services at the Cirencester CAB office off Cricklade Street have been reduced following a reduction in their grant income with the Cirencester office now closing on Wednesday and Friday afternoon. The Lechlade office has closed altogether but a telephone case worker appointment service can be accessed on 01285 652908. Up to know, the Cirencester office has been the only one in the South West region offering a full service five days a week.

[22] CARE PAYMENTS SHAME: Many elderly people who are seriously ill are being forced to pay their costs for care by the sale of their homes. The question of fully funded care is being becoming difficult to understand with cases of people being ill or disabled being funded by the NHS but afterwards when they become increasingly unwell or further disabled, thousands have been informed that they must now pay for all and part of their care.

Despite the law saying in the Court of Appeal in 1999, that when a patient’s primary needs are health-related, all care is the NHS responsibility and must be provided free. The Health Minister Ivan Lewis commented “People should be assessed according to their needs and if their needs suggest their need for continuing care, that should be so funded“. In 2005, 100,000 people should have been fully funded but only 25,000 were.

Similar funding problems have been experienced by people seeking to live independently in their homes where local authorities have claimed poverty when asked for assessments and funding to be cared for. The law is the same as the care home funding, the authority must pay every time.

[23] DIGITAL TV [UPDATE] The website www.dti.gov.uk has also recognised the financial sufferance of both elderly and disabled people when digital TV is compulsory introduced into the UK. The Department of Trade and Industry have commissioned a report to look at the equipment needs of what they call ‘consumer facing’. DISABILITY MATTERS were one of the first to draw the attention to government of the possible cost for elderly and disabled people when terrestrial TV comes to an end and digital TV takes over.

Already the Department of Trade and Industry have identified some 7.3 million people who will require simpler standards of the set top box [STB] or STB’s suitable for disabled people with multiple impairments and the Department of Culture Media and Sports as indicated in article 19 above is also involved in the protection of elderly and disabled people being unable to pay for the switch over. As we have reported, the government is promising to help with the switchover with help to covert one TV set, help with its installation and offer follow-up support for people aged 75 and over together with people with significant disabilities ie. receiving Attendance Allowance or Disability Living Allowance.

More specific support is promised for homes with a blind person in occupation. There will also be no charge for people on Income Support or Jobseekers Allowance or Pension Credit.

BSkeB have recently completed a research in to what deaf and blind people viewers are asking for but this awaits publication. Generally speaking, broadcasters will, under the new Public Sector Duty of the Disability Discrimination Act that comes into force in December 2006, be required to consider the needs of disabled people from the outset. Disability Matters will keep the provision of digital TV to disabled people on the hot list and report all updates including financial help announced by the government after pressure from Disability Matters.

[24] BLUE BADGE LEGISLATION CHANGES [HOT NEWS]: At long last, the proposals in the Traffic Management Act 2005 for the implementation of new powers for police, traffic wardens, local authority officials engaged on parking duties and civil enforcement officers to inspect blue badges displayed on vehicles for the purpose of parking in England are to be implemented at the end of August 2006. The Welsh Assembly expect to hold a consultation later this year - another consultation? and in Scotland the powers just announced for England have been in force north of the boarder since 2004 . Finally, some progress has hopefully been made into curtailing the spiralling problems of theft, fraud ad general abuse of the Blue Badge Parking Scheme. Holders of the blue badge - when being used for parking purposes, must on demand produce the badge for inspection unless they have a good reason for not doing so. Failure to do so could result in a £1000 fine.

It has taken some 15 years to fully introduce these powers which should have been included in the original legislation that set up the Orange Badge System way back in 1991 and 1992 when the Disabled Persons [Badge for Motor Vehicles] [Amendments] Regulations 1991 was set up. It was in 2002, that the Disabled Persons Transport Advisory Committee [DPTAC], following an enquiry into the Blue Badge Scheme, recommended that these new powers be included in the legislation - four years since this recommendation they have arrived. It was on November 28 2003, the matter of increasing the power to inspect blue badges was finally debated in the House of Commons and now we are in August 2006 and the amendments to the Blue Badge Scheme will be introduced on September 29 2006.

[25] ON-LINE BLUE BADGE PARKING SCHEME: On July 28 2006, the Government on-line information service ‘Directgov‘ www.direct.gov.uk announced a new on-line blue badge parking information service covering 64 towns and cities across the UK so that genuine holders of the Blue Badge may go on-line and find where the disabled parking bays are located in one or other of the 64 towns, down-load a map from the website showing the exact positions of the bays, and drive straight to them on arrival.

Other information on the site contains details of red routes in central London, accessible petrol stations in the UK and their service facilities and the full address, number of spaces and the applicable restrictions and exceptions of the disabled parking bays.

A list of the towns and cities served by this new scheme are shown on the website, with Cheltenham, Gloucester, Bristol, Bath, Oxford and Swindon being the local towns listed. It would appear that the disabled parking bays referred to will be ’on-street’ locations.

MOTORING

[26] TRAFFIC REPORTS: Before leaving home, there are a number of ways of finding out what the traffic on-route to your destination is at the time of your call. Live reports can be obtained from a variety of websites, spoilt for choice you might say.
[a] www.trafficmaster.co.uk or 0906-470-1740. This is not free, but is accessible in your car from your mobile whilst the following are only obtainable from a computer connected to the internet. Look a he website for details of costs.
[b] www.rac.co.uk. A free service giving live traffic reports from all over the country from the Royal Automobile Club
[c] www.theaa.com. Another free service operated by the Automobile Association
[d] www.ukwebsport.com, Free again with specific reports on motorways and ’A’ routes together with weather conditions
[e] www.highways.gov.uk. UK government free site contain all traffic, weather and other information on major road works and hold-ups.
[f] www.trafficmap.co.uk. A second government ‘live; free traffic report website.
[g] www.bbc.co.uk/travelnews. BBC travel page for just about everything including flights, sea ports, accidents, routes, weather, etc.

All the above websites provide a host of information. Maps, directions, petrol stations, hotels, rest areas, restaurants, motorway services, etc.

WESTMINSTER NOTICE BOARD

The following Bills are still progressing through the Parliamentary system: Independent Living Bill, Public Sector Duty of the Disability Discrimination Act 2006, Pensions Reform White Paper Disabled Children & Education Bill, Disability Rights Equality and Human Rights Bill, Mental Capacity Bill, Disabled Persons [Independent Living] Bill and the Welfare Reform Bill.

The following Act of Parliament have just been passed: The Allocation of Housing and Homelessness [Eligibility] [England] Act 2006

EUROPEAN NEWS

[1] The European Union is about to adopt a proposal that will allow the Member States to use public money to finance inaccessible buildings and infrastructures. For 50 million people with disabilities the new EU barriers will dramatically increase their chances of exclusion.

Brussels, 24 April 2006 - After two years of intensive negotiations, the Council of the European Union is about to adopt a compromise agreement on the EU Structural Funds, representing over 30% of the EU total budget. Despite the strong pressure of the European Parliament, the Commission and the Council have left out of this proposal the principle of accessibility, to be applied to the use of these Funds by the Member States.

"The European Union has the responsibility to control and decide how the European public money should be used in the Member States. By leaving out of the proposal the criteria of accessibility, the Commission and the Council are simply sentencing 50 million disabled people to leave aside of society; and that is something that we will not accept", said Yannis Vardakastanis, President of the European Disability Forum.

Structural funds have contributed to main investment projects in the environment, employment and services, knowledge society, infrastructure transport, urban renewal, training, education, culture. Despite the fact that in principle, disabled people can benefit from the EU funds as anyone else, the lack of specific provisions, such accessibility, prevents them to do so. For the European Disability Forum, even if provisions or general rules exist in a country, they will not be effective if accessibility is not an overarching pre-condition to obtain funding for a project.

During a meeting of the European Parliament Regional Development Committee held on 20 April 2006, several MEPs warned the European Commission that the current proposal could not be accepted in its current form. "If the Council is not ready to amend the proposal, we will be forced to reject the whole package and go for a second reading", said Konstantinos Hatzidakis, leading EP Rapporteur for the EU Structural Funds.

The European Disability Forum has therefore urged the Council, meeting on 27 April 2006, to adopt a common position that will guarantee the principle of accessibility in all EU Structural Funds. EDF has also strongly called the European Commission, as guardian of the Treaty, to support this key principle. "Equality and non-discrimination are part of the European Union foundations. It is time for the EU to prove that its financial tools are consistent with its values, explicitly recognized in the Treaty", reminded Vardakastanis, EDF President.

[27] THE RIGHTS AND WRONG OF A HOSE: What you can and cannot do:

YOU CAN

1. wash your car at a car wash wash
2. water a vegetable allotment with a hose
3. hose down a caravan or trailer
4. spray water in a concrete mixer
5. fill watering cans to water the lawn

YOU CANNOT

1. wash your car with a hose at home
2. water the vegetables in a garden with a hose
3. wash your car with a hose
4. spray water into a planting hole
5. use a hose to water lawns

We at DISABILITY MATTERS hope that you all have enjoyed the 2006 Summer Special and have gained something from reading it. If not tell us.

SEPTEMBER 2006 CONTENTS

[1] INCAPACITY REFORM [2] MASSIVE INCREASES IN WHEELCHAIR ACCESSIBLE VEHICLES [3] INDEPENDENT LIVING BILL [4] HUMANITY TOWARDS THE ELDERLY [5] HOME SUPPORT FOR ELDERLY PC USERS [6] HUMAN RIGHTS [7] IS IT REASONABLE ? [8] KNOW YOUR GOVERNMENT DEPARTMENTS LOOKING AFTER YOU [9] THE DUTIES OF SERVICE PROVIDERS [10] STAIR-LIFT PROBLEMS? [11] EUROPEAN TRANSPORT POLICY WHITE PAPER, 12] TWO DISABILITY DISCRIMINATION CODES OF PRACTICE AND VERY MUCH MORE

ANSWER TO THE QUESTION : Gordon Brown MP The Chancellor of The Exchequer who lost the sight in one eye when a teenager.

See you hopefully in September 2006.

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