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.
November 2006
[edition 8]

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HELLO WORLD, from all of us at ‘Disability Matters’. May we first sincerely apologise to many of you who have been trying to contact us by telephone for the last six months. We had absolutely no idea that the telephone number on our Home Page was wrong even though the page had been ’proof read’ at least four times to eliminate such errors before going on line. The Home Page number has now been corrected and now reads O1 285 861752. During the next two weeks or so, the Home Page and all the information pages are being replaced with new up dated pages which are currently being prove read - again, just in case!

It seems little more than a week ago since the October issue went ‘on-line’ and once again there’s lot to share with you one month on. We are always mindful, unlike the government, that those of you on basic state pensions and benefits have a limited amount of income each month so we try to reveal price increases, often hidden, that will unfortunately continue to have an affect on your slowly dwindling incomes. During this issue of Law and Benefit Review we reveal several such instances. What really annoys us is the manner in which many of these price increases are often introduced to the public as if they have bottomless pockets which will absorb such increases without the consumer noticing. Fat chance.

No news yet of our possible ‘twining’ with the French disabled group mentioned last month, but we know that things are moving. It is unfortunate that the French group only meets once every six months so in may be a long haul before anything happens. In the meantime, ‘Anglicised de France’ is continuing to read the Law and Benefit Reviews. The next meeting for them is due in early December 2006 so we will wait until then to see what the future will be.

The Law and Benefit Review’s fame appears to be growing with more and more web-services listing the name. Last month it was the London Police Pensioners Review and this month it is the BBC Action line along with Yahoo and Guide who show the website of www.lawandbenefitreview.co.uk . Good ah?

During October 2006, just as an exercise, we trawled the internet and found 87 separate references from internet companies, government departments, associations, organisations, etc. to the Law and Benefit Review website.

Through http://beehive.thisisgloucestershire.co.uk, which is operated by the Gloucestershire County Council to allow various charity and non-profit making groups within the county to advertise themselves, we have been given the opportunity to operate our own website direct from our offices so that we can bring to you immediately any worthwhile news concerning disability issues. Once logged onto the beehive website, click on ‘disabled groups’ and then LAW AND BENEFIT REVIEW. This will open up our website and show three separate pages, Home Page, Motoring and News Watch with a direct link to the Law and Benefit Review.

All articles appearing on http://beehive.thisisgloucestershire.co.uk will only reveal the relevant basic details of the news which will be elaborated upon in the following months Law and Benefit Review or you can no contact us by telephone if you wish to know more before it appears.

CELEBRITY FIGHTS BACK TO STOP RURAL POST OFFICE CLOSURE’S
www.thisismoney.co.uk/posoffices

Regular local post office user and pensioner, Dame Vera Lynn, has lent her voice towards a campaign to stop rural post office closures. She is apparently furious over the threat to close her local post office which she frequently visits and believes, as Law and Benefit Review does, that many disabled and elderly people will suffer dreadfully if they have no transport or cannot access public transport to travel to their nearest bank. Even if a bus service is available - a big ‘if’ - in many rural and remote areas, the inbound journey plus dealing with the bank and then waiting for the return bus could well take four hours or more but what about the elderly, infirmed and disabled - how on earth will they manager or has nobody thought about these issues? The more remote or rural the area the more problematic their problems will be. How is it though, that in remote areas of the Highlands of Scotland, they can manage to keep a village post offices operating along with the village police officer and police house/station? It is accepted that the ‘post office’ will only be a table and two chairs in the post masters front room but what else do you want as long as you receive your pension, benefit, stamps, postal order, etc?

The current ‘card account’ now being used by pensioners and disabled people to collect their benefits and pensions from rural post offices, is to end in 2010 following which the only way to collect payments so far will be through a high street bank. This movement alone will shut down thousands of post offices. This action by the government means that it has reneged on its original promises laid out in legislation in the House of Commons, to allow those who wish to continue to collect their benefits and pensions from local post offices will be able to continue to do so.

The National Federation of Sub Postmasters will have now delivered a petition of over 3 million signatures to 10 Downing Street during the third week of October 2006 followed by a march through London. Please support this continuing campaign by logging onto www.thisismoney.co.uk/postoffices

Law and Benefit Review has written to The Prime Minister and Postwatch opposing the closures and asking for the ’card account’ scheme to be continued indefinitely in rural and village post offices for the elderly, disabled and infirmed who cannot travel due to disabilities and age to towns and cities where banking facilities exist. How difficult will it be to continue the system as it now stands?

The October meeting referred to has taken place between the government and post offices unions and workers but the news is not very good. The petition was delivered at 10 Downing Street and the out come is that many hundreds of rural post offices will still close. Look in the December 2006 issue of LBR for a full update.

TAKE EXTRA CARE: A recent UK channel 4 TV report entitled ‘The Data Theft Scandal’ has revealed that call centres in major towns in India and London representing UK banks, loan companies and credit card company’s have been accused of selling to third parties complete details of people resident in the UK, from their date of birth, address, full bank details, credit card numbers, security numbers, dates of issue and expiry, driving licence and passport details, etc. etc. and then selling the details on to who ever wishes to buy them. The details come on CD disks and downloaded onto computers. Prices from about £20.00 for one persons personal and confidential details. The report contained actual sound details of how UK citizens were revealing details of their bank accounts and credit cards to alleged call centre staff or third parties over the telephone to complete strangers who said that they were representing a bank, credit card company. It was clear from the report that the Indian voices had certain details of a credit card or bank account and were asking for further details to complete what they already knew by asking leading questions and they were very skilled and convincing at it.

We in the UK and elsewhere are now faced with a possible situation that when we receive a telephone call from an alleged call centre with an Indian/Pakistan or any accent, we will not know if the call is genuine or not and there is no real way to prove it at the time of the call. Our suggestion is not to speak to the person who calls other than find out who they are, who they say they are representing and obtain a telephone number to call them, back after first checking the number or if this is refused, by dialling 1471 and then taking it from there by contacting the UK office of the bank or credit card company and checking the calls authenticity.

The extent of the ‘fraud’ of cloning is immense with millions suffering financial loss all over the world and some call centre staff are cashing in on it big time. Under cover cameras from Channel 4 filmed call centre staff in India actually selling maybe your private and confidential details to an undercover reporter.

As an example, the writer has in the last six weeks received an email purporting to come from Lloyds/TSB bank with the bank symbol and head office address on the email, it looked very genuine but when checked upon by the banks security, the email turned out to be a ‘scam’. The email was asking for personal and confidential details even though no bank account is or was held by Lloyds/TSB but strangely enough enquiries had been made of them concerning the transfer of an account from another High Street bank three weeks before the email arrived?On another occasion in October 2006, a telephone call was received from an Indian sounding male purporting to be from BT. He said he was responding to an email I had sent to BT [I had not sent any email to BT] and enquiring about a telephone number which is not in my name but I know the person whose name the ‘phone number is registered in. I replaced the receiver without answering any of his questions and I did manage to obtain the callers number via 1471, which is unusual and this is being followed up. The result will appear in Decembers LBR.

The writer has also received correspondence purporting to be from the credit card company MBNA asking me to contact them urgently and when I did they had said they had not asked me to contact them at that time.

Our advice is to take very great care when receiving and dealing with such telephone calls or emails. Do not reveal any private or confidential information as the details they are asking for will normally already be known by them and do not be tricked into revealing the information you are being asked for. Ask the person who is calling to write to you at the address they will already have - do not be tricked into giving the address - if in doubt replace the telephone immediately. Then contact your local access point to the bank or credit card company purporting to be represented by the caller. These callers are very clever and can be persistent, just put the ’phone down.

ALSO check your bank statements, loan and credit card statements as often as you can so that you can check and report any fraudulent transactions immediately to the reverent bank or company. If you bank on the internet you could check the statements weekly.

CONTENTS GUIDE

[1] GAS PRICES INCREASE AGAIN PLUS ENQUIRY [G]
[2] ELDERLY PATIENTS GOING HUNGRY
[3] DEAF/BLIND UK
[4] NEW LAWS HELP VULNERABLE PEOPLE
[5] POLICE CHECKS
[6] E111 EUROPEAN HEALTH CARDS
[7] NHS BLUNDERS
[8] NHS COMPUTER HIT WITH MAJOR PROBLEMS [G]
[9] NEW DEFINITION OF ‘DISABILITY’ - SPECIAL
[10] JUNK MAIL
[11] DEBENHAM GROUP SETTLES
[12] HUMAN RIGHTS -CHANGES? [G]
[13] HOLIDAY INSURANCE - UPDATE
[14] BUDGET AIRLINES CHARGE FOR ‘EXTRA’ LUGGAGE
[15] SCOTLAND CALLS FOR HELP FOR FUEL POVERTY
[16] HIGH STREET BANKS DESERT CUSTOMERS
[17] ROBIN HOOD OR SHERIFF OF NOTTINGHAM [G]
[18] EMPTY HOMES - SHOCK REPORT
[19] ID CHECKS FOR THE AGED [G]
[20] SCOOTER INSURANCE [G]
[21] WORK AND PENSIONS DUMP COMPUTER
[22] INDEPENDENT LIVING FUND REVIEW - SPECIAL
[23] SAILING OPPORTUNITIES FOR ALL
[24] VISAS BACK ON THE CARDS FOR THE USA
[25] NEW DISABLED WEBSITE
[26] FIGHT BACK
[27] NO MORE CHECKS

EURO NEWS

[A] ACCESSIBILITY TO 112 EMERGENCY NUMBERS
[B] ACESS TO EU COMMUNICATIONS

MOTORING NEWS

[a] SPEED CAMERA LAWS CHALLENGED
[b] NEW BLUE BADGE INSPECTION POWERS
[c] PAY AS YOU DRIVE
[d] DRIVE WITH YOUR HEADLIGHTS ON

IMPORTANT NEWS FROM NHS SOUTH WEST

As we mentioned in last months LBR, Oxygen supplies in the South West have changed contractors as from October 1 2006 from Air Products to BOC Medical Vitalair [British Oxygen] known as ’Vitalair’ Every home oxygen user should by now have received a letter from NHS South West concerning these changes.

All those needing a regular supply of bottled oxygen or a oxygen concentrator machine serviced or repaired should, from October 1 2006 contact 0800 136 603. The service continues to be free and is open 24 hours a day.

If you have any problems that cannot be sorted out with Vitalair, contact your primary care hospital trust or the NHS Direct on 0845 46 47.

NEWS BYTES

[1] About now, the government, via the Deputy Prime Minister, John Prescott, is deciding if they are to continue to subsidise rural post offices to the tune of £150 million. If they decide against it, hundreds of small post offices will disappear leaving elderly people without a lifeline to their cash machines, postage stamps, benefits and incomes that keep rural post offices solvent, newspapers and other bits and bobs that rural post offices provide in order to exists. Rural Communities will be devastated if ’the post office. closes and Age Concern is currently running a survey to help keep the subsidy the government is contemplating stopping. The recent announcement by Royal Mail to enable people to purchase postage stamps straight onto envelopes is being looked upon as a further nail in rural post offices coffins. Update following in the December 2006 LBR. Log onto www.ace.org.uk/stamped for more details and about the Royal Mail/post Offices see News Byte 6 below. [2] EasyJet is now charging on more than one piece of luggage they place in the hold of their aircraft no doubt cashing in on current security restrictions. [3] All car insurance is shortly due to rise from between 6% and 40%. The average increase will be 16% and this is partly due to a new scam by eastern Europeans who are ‘faking’ road traffic accidents and trying to make large claims for personal injury and other claims against innocent motorists and claims made by drivers who have been involved in a road traffic accident with one of the UK’s £1 million uninsured drivers. Norwich Union are introducing a ‘black box‘ into vehicles for the insurance company to calculate the amount of insurance the driver needs to pay. 30% decrease in the cost of car insurance is expected. [4] RyanAir is planning to allow cell phones to be used on board all their aircraft in flight - will there by nowhere safe away from for the cursed cell phone. [5] Its about time for winter flue jabs appointments to be made, some GP’s are already taking appointments despite the warnings made in article 9 of the August LBR 2006, this warning still stands so if you qualify for a jab - book soon. There is currently a 3.5 million shortage of the jab with December being the anticipated time before they will be available to qualifying people. [6] New Royal Mail service - online postage stamps to avoid post office Q’s or is it away to close post offices? Log onto www.royalmail.com to find out. [6] A recent newspaper report of a blind Iraqi being banned from driving for 3 years has lead to questions asking why he was not deported for the serious offences he committed as he is an illegal immigrant, he is now costing the UK £525 per month disability benefit whilst the UK government deny benefits are paid to such people [7] Visiting London and want a cab? There are 3500 accessible ‘black-cabs’ in London from Computer Cab plc. Contact www.taxicard.org.uk or ring 020 7484 2929. For bookings contact www.comcablondon.co.uk/webbook/taxicablogin.asp. [8] Flood warnings are becoming an increasing hazard if you reside near rivers and the sea. Call 0845 988 1188 or log onto www.environment-agency.gov.uk/floodline for the latest information in your area. There is a lot of controversy about a recent report by the Environmental Agency showing some alleged flood areas where there are no records appertaining to flooding which in some cases as increased house insurance premiums without just cause [8] Cabin baggage sizes were increased as from September 22 2006 following the recent security clampdown. This date came to late for the October issue. The new size measures are 56 cm x 45 cm x 25 cm with still only one item being taken into the cabin. Handbags must be included inside the above baggage item and not carried separately. The liquids which were subject to the previous restrictions will end at the beginning of November 2006. Passengers will be permitted up to 10 x 100 mg containers of liquid held in a transparent and re-sellable plastic bag to be presented for inspection. In the meanwhile, the European Union are still proposing to introduce new restrictions on hand luggage from EU airports. Limitations are also included in the amount of liquids on board from perfumes to alcohol to medicine. Laptops, hair dryers and other large electrical items will undergo separate electronic scrutiny under the new proposals. Importantly, wheelchairs and walking aids will continue to be checked and taken away to be loaded in the hold with airport conveyances being used in their place. Flights to the USA are subject to more vigorous security and all checking time continues to remain at 3 hours before take off time. Check with airports and airlines for latest news www.baa.com. Without question, airport security has turned a point to stop incidents occurring on aircraft. The days of taking duty free drink from a UK airport on holiday and then bringing it all the way back again are apparently over and perhaps bringing duty free drink home from the holiday destination is also stopping if the EU regulations restricting liquids is approved. [9] Sometime in 2009, all new UK passports will be issued with the holders fingerprints included. [10] Up to 20 cab drivers in London have refused to take partially sighted passengers with guide dogs in their cabs saying that the dogs are impure. Some Muslim cab drivers have been prosecuted by local authorities for failing to comply with the regulations under the Disability Discrimination Act 1995. All cab drivers can lose their Public Service Vehicle [PSV] cab licence for such offences plus a heavy fine of £1000. Complainants must contact the local authority who issues the PSV licence and taxi plate which is affixed to the rear of the taxi and often copied inside the vehicle to make any complaint. No religious faith prevents or exempts cab drivers from complying with the DDA. The majority of taxi drivers now adhere to the regulations but it is unfortunately the some wrongly feel that region is preventing them from carrying out their chosen profession. [11] 100.000 drug addicts and alcoholics are on state benefits including Incapacity Benefit. [12] State Pensions will rise from £3.05 per week from April 2007 for a sinle person and other benefits by the same amount - hopefully. See full update in the December 06 LBR or visit http://beehive.thisisgloucestershire.co.uk

MOTORING NEWS

[a] SPEED CAMERA LAWS CHALLENGED: Two UK drivers are claiming that speed camera legation is infringing the human rights of motorist because it requires owners of vehicles to disclose who was driving a vehicle at the time the vehicle was photographed by a speed camera - breaching ancient rights. They also claim that if the owner of the vehicle is also the driver then the police are relying on the individual to incriminate himself and then possibly convicting himself which is contrary to common law and has been so for 300 years. Lets and see what’s happening but I think somebody has tried this before some 20 years ago and lost.

[b] NEW BLUE BADGE INSPECTION POWERS: A new guidance leaflet for badge holders and/or their drivers can be obtained free from Department for Transport at 0870 1226 236 or email at dft@twoten.press.net quoting TINF1118.

Any queries on the new powers should be directed to Dept for Transport, Mobility and Inclusion Unit, Zone 4’22, Great Minister House, 76 Marsham Street, London, SW1P 4DR or telehone 020 7944 6550 or email blue.badge@dft.gsi.gov.uk

[c] PAY AS YOU DRIVE: Some motorist insured with Norwich Union will be able to chose to have a ‘black box’ fitted to their vehicles to log details of journeys which, it is claimed, may reduce insurance premiums. Clients will be billed monthly by Norwich Union but fears are that the information obtained will be used by government to use in connection with road charging proposals. So far this idea is optional and some 6500 ’black boxes’ have already been fitted at a cost to young insured drivers of £199.00. Times of the day when driving, day or night driving, congestion times, age, areas, etc will help to calculate the insurance premium due.

[d] DRIVE WITH YOUR HEADLIGHTS ON: New EU proposals, a long way of ratification you may be pleased to hear, would have all motorists having their headlights ’on’ all day or face a £60 fine. The EU is divided in this issue between those who say accidents will increase and those who say that they will decrease and vehicle fuel consumption will increase by 4% to 3%. In order for the go ahead on this issue, the EU will need the support of the majority of EU members and UK motoring organisations are already opposing the idea.

[1] UTILITY GAS PRICES INCREASES - AGAIN: Well, you have requested that we continue this subject, despite the fact that we said last month that we would give it a rest unless something drastic occurred. - well it has.

The Energy Minister Malcolm Wicks has announced warnings to expect both restricted energy supplies and rising prices this winter as the Government expects a gas squeeze. Well they have arrived - or have they? As we said in the introduction, these increases have arrived sooner than was expected. If the price of gas increases is not enough, gas supplies will be tight despite massive new investment in pipelines designed to cope with the rising demand, almost good as British Rail failing to run services due to the wrong type of snow! Why didn't the gas suppliers, British Gas, NPower and all the rest of them foresee this problem and why didn't’ the government take action earlier as matters like the running out of gas does not occur over night.

On September 8, NPower announced its THIRD increase this year which is triggering warnings that some elderly people may die from cold [hypothermia] this winter rather than be able to pay their bills and perhaps not eat. The increase for gas will be a further 17.2% and 9.9% for electricity. Who will be the next supplier to increase their prices? British Gas, Powergen, EDF, Scottish & Southern, Scottish Power, have all increased their prices twice so far - who will be next and how do they expect low income earners to pay to line the pockets of share-holders. How much longer can the government allow this to continue without help to low income claiments? Who among those in receipt of state pensions or benefits or both, can manage to deal with an increase of 54% for gas and 41% for electricity whilst annual April increases in pensions and benefits remains at under 3% until at least April 2008. Are they having a laugh but whose laughing?

What about the Government increasing the current £200.00 winter fuel allowance worth £3.84 a week or a worthless £0.54 per day?
The UK is apparently running out of gas and the UK is struggling to compete for gas supplies from abroad - what a sorry state. Last winter, satellite countries of Russia stopped supplying gas to among others the UK but this was sorted out and now because of the alleged shortage of gas, up go the prices - again. So far this year, gas alone has increased generally by 43 per cent. Experts are saying that every 15 seconds, one household in the UK is being plunged into ‘fuel poverty’ because of the price increases. If you spend 10 per cent or more of your income on heating and electricity than you are in ‘fuel poverty land’.

Both industry and households are apparently being affected by these increases in prices and the most affected will be the elderly and disabled. The government have got to come up with some answers very soon to prevent serious problems of hypothermia and unpaid domestic bills. Last month we briefly mentioned that the Chancellor of The Exchequer had collected ONE BILLION POUNDS on the five per cent VAT levied on domestic energy bills. Should not this money be used to kerb fuel poverty before matters become worse than they are or shortly will be? What will happen to this £1 billion and what will happen to the further £1 billion gathered from house sales during the last year via Stamp Duty which the Chancellor has also managed to gather in?

We know from three callers that they are already spending more than their weekly income on food, gas, electricity, council tax and water bills. Two have credit cards to support their income by withdrawing the difference between their income and what they need to exist but this is not the way - you cannot buy your way out of debt so please don’t try it. We at ‘Disability Matters’ unfortunately do not know what the answer is other then for the Government to increase the winter fuel allowance and increase state benefits and pensions. £200.00 goes nowhere now - it did at one time. We say again - £200 equals £3.84 per week or £0.54 per 24 hour day.

‘Disability Matters’ is also aware that some disabled people are returning their Motability vehicles or selling their own privately owned vehicles as they cannot afford the price of fuel even though recently it has reduced to around 84.2p per litre for basic unleaded fuel. Incidentally, do not use cheaper grade fuel in your car because it is 5p per litre cheaper. Always use the recommended grading of fuel. As you will be aware, Motability vehicles only require the drivers to put fuel into the vehicles, no other bills need to be paid and even this is becoming beyond some Motability customers so how can private disabled and elderly owners of vehicle cope?

Ofgem and the Office of Fair Trading have received complaints from the Liberal Party and major energy users alleging gas-price fixing which are pushing up bills by £10 billion last year. Home gas prices have increasingly risen over the last two years. What the true price of the increases are is difficult to ascertain - one can only wonder how much basic gas and electricity has increased before the share holders have added their cut. An enquiry into the gas supply industry is now on the cards. We reported some good news in the October 2006 issue of Law and Benefit Review that prices could be reduced by 30% but no date when this could occur has been indicated, as new pipelines are drawing more gas supply’s into the UK but the next winter, if cold, could be devastation for many, lets hope the winter is mild as predicted.

Disability Matters awaits a reply from the Ofwatch and the Government over these issues asking for the winter fuel allowance to be increased at the very least, in line with salaries increases but even this will not even dent the latest utility increases.

UPDATE ANNOUNCEMENTS: September 28 2006. Two more increases announced by Scottish Power to commence January 1 2007 have been made. Gas 9.2% and electricity 2.9%. On October 3, it was announced that so much gas was now being pumped into the UK by the new pipeline and not being used due to the mild autumn, that a thermo of gas was worth -5p, yes, -5p and the gas flow has been turned off as gas suppliers have nowhere to be keep it. What on earth is going on? You could not make this up if you tried but there is still no signs of gas bills being cut so dramatically - why - because the gas we are using now was purchased some six to nine months ago so perhaps this will indicate how long we will have to wait before we see any lowering in our utility bills.

[2] ELDERLY PATIENTS ARE GOING HUNGRY: Due to the pressure of work on nursing staff in hospitals, older patients are having their lives put at risk because the nursing staff are too busy to feed them. Patients are being left malnourished with their health deteriorating in the very places designed to care and look after them.

The allegations being made towards hospitals include the facts that patients are not being informed that their food has been served, food is being placed out of reach of patients, meals are often cold because they are left without warning, staff fail to help feed patients who need assistance, meals are taken away before completion and often meals are so unappealing that meals are left buy choice.

[3] DEAFBLIND UK: are currently assisting thousands of deaf/ blind or duel sensory impaired people throughout the country to cope with their disability and to lead as fulfilled and independent lives as possible. A comprehensive service is also offered to deaf/ blind people, their support assistants and other professionals. These include training in communication and rehabilitation skills, a free 24 hour help line, a regional network of staff and volunteers, a varied leisure programme and a range of publications in different reading formats. Contact www.deafblind.org.uk or www.info@deafblind.org.uk for further details.

[4] NEW LAWS HELP VULNERABLE PEOPLE: As from July 21 2006, vulnerable older people will receive protection from abuse. Well that what is being said, but only recently we have read of instances of assault, abuse, neglect and lack of care against elderly people in nursing homes. [See special article in December 2006 LBR]

Help the Aged have lobbied for people who are given money to commission their own care to receive equal access to protection from abuse from a new scheme. The Safeguarding Vulnerable Groups Bill, which is currently going through Parliament, aims to protect vulnerable adults and children from abuse by creating a list of named individuals who are barred from working with vulnerable groups. Help the Aged has argued from the beginning that people who receive care through the ‘direct payments scheme’ should also be empowered to have the same access to the new protection from abuse as all other vulnerable adults.

The Charity has written briefings and suggested amendments to the Bill at every stage of its passing through Parliament before becoming law. It has been agreed that local authorities now have a responsibility to tell direct payments users that they can access the new scheme and check if the person or persons they are hiring to care for them is a bona fide individual and has not been barred from working with vulnerable adults.

The obvious way of dealing with the problem is to carry out a police check prior to employment which local authorities and the Independent Living Fund will insist upon. If staff are employed through an agency then they should be asked to produce their police certificate before you employ them.

[5] POLICE CHECKS: To be in possession of a valid criminal record certificate is a ‘must’ if contemplating work with vulnerable adults and children. Individuals are not permitted to carry out these checks by themselves but agencies are well acquainted of the procedure to be adopted. Future employees may obtain advice on what will be required by logging onto www.criminalrecordschecks.co.uk or emailing enquiries@accesspcs.co.uk or by telephoning 01704 889211

[6] E111 EUROPEAN HEALTH CARDS: In the July 2006 issue of the LBR, article 5, we wrote about the use of new E111 cards in the European Union. Several of you have recently contacted us about the use of E111 whilst on holiday in Europe with concerns about medical treatment whilst abroad would not necessarily be free. Well its a fact. In France for instance, hospitalisation could result in only 75 per cent of the bill being paid by the E111 and the rest, hopefully paid by your holiday insurance. Spain has similar demands. It is a pipe dream to expect all medical expenses to be paid by using the E111 system - hence the need to make sure that your holiday insurance covers your needs as we have stated in article [13] of the September 2006 issue of the LBR. It is absolutely imperative that you insure yourself for as much as you can afford particularly if you are travelling to the USA.
The cost of medication in Europe is normally far lower than that in the UK. It is appreciated that those in receipt of state benefits and pensions and those over 60 receive free medication in the UK but not in the EU area or the USA so you will be charged for it and then claim against your holiday insurance so please keep the receipts. Even in the EU, medication from doctors, hospitals and pharmacies will have to be paid for in cash - no use waving E111 Health Cards at them. It may well be that the ‘excess’ on the travel insurance exceeds the cost of the medication so there would be no point in claiming, but ask for and keep all receipts in case you have a claim.

Unlike the NHS, respective governments of all EU countries will vigorously pursue you for any unpaid balance of hospital stays, nursing care, operations and medication with unpaid balance being pursued in the courts of the country where the treatment was administered if not paid in full before you leave their country. It is not unknown for some health authorities in Eastern Europe to demand full payment of hospital care and nursing before allowing the patient to be released but such circumstances are not common and insurance companies will be aware of such likely hoods when issuing the insurance policy and provide contact telephone numbers for you to call to arrange payments through local agents but beware, the experience will be often be daunting.

We suggest that you consult the documentation that is sent out with the E111 card for exact and full details of payments covered by the card. Again, please ensure that you have sufficient insurance cover to protect you from all eventualities particularly if you are travelled to the United States of America where the E111 is not valid. Purchase as much insurance as you can afford.

[7] NHS BLUNDERS: Half a million patients are suffering from the hands of the NHS each year. Last year alone, 526,599 suffered harm and 2,159 died at the hands of doctors, nurses, and ambulance staff. In addition to these awful revelations, the National Patient Safety Agency has revealed that errors in prescriptions and operations, lost medical records, misdiagnoses and patients ’going missing’ when transferring between wards are also causing problems. How can a patient ‘disappear’ when being transferred between beds? Whilst some sympathy may be aimed at over worked staff, accountability must be found.

The NHS is facing an ever increasing bill for legal costs following legal action in and out of the courts but this is a tiny proportion of the number of patients that use the NHS system each year.
The continuing problems with MRSA and Cd is also causing alarm with hospitals. Two years ago a Chief Nursing Officer was appointed by the government to work out of the Department of Health to deal with the problem of hospital bugs but the figures are as bad or worse than they were then. A recent TV programme about hospital cleanliness visited Ealing Hospital in London and found in some places terrible and dirty conditions with both doctors, nurses, cleaning staff and members of the public failing to use hand gel when entering wards. Bed side equipment such a lockers, trays, curtain rails, etc. were found to be below standard although no MRSA or CD was actually found in the areas examined.

The NHS is also being accused of permitting non-residents known as ‘health tourists’ to be given IVF treatment without paying for it whilst UK couples are being refused. Operations costing thousands of pounds are being carried out without the hospital concerned carrying out checks to ensure that the patient can pay for it. ‘Health Tourists’ are travelling from all over the world for this ‘free’ treatment and if refused the cry Human Rights.

[8] NHS COMPUTER HIT BY MAJOR PROBLEMS: The continuing problems with this government computer has been described as a ‘major problem’ and may not work any further for the purposes that it was designed for. Dispute huge tax payers financial input's on up-grades, the computer is three years behind schedule and the purpose of the computer to provide on-line booking for hospital appointments, a centralised patients records database and allow GP’s to file ‘e-prescriptions’ is not happening. In fact, some reports say that patients records have already disappeared. The massive size of the NHS will not allow just one computer to control it so the service is heading for a disaster.

How many more government computers will fail to deal with purposes that they were specifically designed for? The last system to go belly up was the Child Support Agency system leaving millions of pounds not paid out or collected.

[9] JUNK MAIL: Mail addressed to ‘the householder’ and left in mail boxes by the Royal Mail can now be stopped according to a new scheme operated by the Royal Mail themselves. Normally this kind of unsolicited mail is from insurance companies, double glazing firms, automobile clubs, etc. and not addressed specifically to any individual. To stop your mail box being full up with unwanted and unsolicited junk mail contact Door to Door Opts, Royal Mail Door to Door, Kingsmead House, Oxpens Road, Oxford, OX1 1RX. You can also email the Royal Mail onoptout@royalmail.co.uk or telephone 08457 950 950. This should stop all un-addressed mail being delivered to you.

Junk Mail is just one of the intrusions into ones life. Emails, cell phones, house-phones, faxes, silent calls and now foreign silent calls are all constantly intruding day and night into our homes. To stop them try the following:

UNSOLICITED POST: The mailing preference service at www.mpsonline.org.uk or 0845 703 4599 will eventually stop mail from mail lists with your name on them from being delivered. It takes about four months to become operative so be patient but it will not stop mail from local companies, overseas and un-addressed material but the article on ‘Junk Mail’ will stop the latter.

Many people affix notices to their mail boxes saying ‘’no unsolicited mail’. Unfortunately, these requests are not supported in law and the Royal Mail are duty bound to continue to deliver the ‘junk’ mail.
FAX: The Fax Preference Service, www.fpsonline.org.uk or 0845 070 0702 will stop unsolicited sales and marketing faxes. This service is mainly aimed at businesses but individuals can register to.

MOBILES AND HOME PHONES: The Telephone Preference Service, www.tpsonline.org.uk or 0845 070 0707. This will stop calls from double-glazing firms, kitchen fitters, etc. from contacting your cell and home phones.

EMAILS: The Email Preference Service, www.dma.org.uk/content’Prf-introduction.asp will help reduce unwanted emails from direct marketing companies but it cannot stop emails from firm’s which do not subscribe to use a service which ‘cleans’ lists.

SILENT CALLS: These calls are usually generated by automated dialling equipment which dials hundreds of calls at the same time and cause alarm and unease to elderly folks. By dialling Silent Call Guard on 0870 444 3969 your telephone number is blocked free for a year. This may not stop all silent calls because companies do not have to join the scheme and overseas calls will still get through.

FOREIGN SILENT CALLS: A system called ’Callblocker’ on 0870 066 5016 which costs £50.00 plus post and packaging is a small device which is attached to a telephone which should block all nuisance calls from abroad.

[10] NEW DEFINITION OF ‘DISABILITY’: The Disability Rights Commission [DRC] want a society where all disabled people can anticipate fully as equal citizens. Who doesn't’?

The DRC is recommending that the disability discrimination law moves away from protecting a group of ‘disabled’ people and instead protect anyone who experiences discrimination on the grounds of an impairment. Specifically they, the DRC are asking for the Disability Discrimination Act 1995 to be amended to give protection from discrimination to anyone who has an impairment or is perceived to have an impairment without that impairment being substantial or long-term.

The document produced by the DRC on this proposal is protracted and frankly, in my opinion only, unworkable. For those who wish to view the whole document log onto www.drc.org.uk and follow the links.

[11] DEBENHAM’S SETTLE DISPUTE: In April 2006, we referred to an action that was being taken against one of the stores operated by the Debenham group of companies by a disabled man Mr Greg Jackson who was unable to access parts of the store in his wheelchair. The group have now issued the following statement:

“We have today confirmed in a statement to the Disability Rights Commission, Debenham’s continuing commitment to providing disabled access to products situated on all floors in its stores throughout the country. In particular, Debenham’s have provided access platforms to the mezzanine floors in its Derby store and will resolve all issues of accessing mezzanine floors for its disable customers in a further 17 stores with similar access issues at a cost of more than £300.000”.

Excuse me, but was it because Debenhams were NOT providing disabled access to the mezzanine floor at their Derby store let alone continuing the groups commitment to provide disabled access, that Mr Jackson took action in the first place or have I missed the point?

[12] HUMAN RIGHTS: The Human Rights Act 1998, which came into force in 2000, brought into UK law a number of provisions of the European Convention on Human Rights. The Act places a duty on public authorities to ensure a number of rights. A large part of the Act remains unclear and some people may have claims under the Disability Discrimination Act and the Human Rights Act and some have been able to pursue claims under both Acts at the same time.

Many people say that the spirit of the Human Rights Act has been misused and abused by criminals, terrorists and ‘defence’ organisations to protect clients from endless issues, some of which can only be described as ludicrous claims of so called ‘rights‘.

The Government plans to introduce new laws that may be needed to protect the public from the Human Rights Act which after stems in part from the EU Convention on Human Rights whilst David Cameron wishes to replace the 1998 Act with a British Bill of Rights. This latter proposals has caused anger from disability campaigners as the 1998 Act provides a raft of protection for disabled people and in almost a ‘U’ turn, Cameron’s team mate said that he would ensure that everything would be done to preserve and protect the rights of disabled people, including possible more new legislation.

Scope, Disability Rights Commission, British Institute of Human Rights and the Alliance of Inclusive Education have individually commented upon any changes “a disaster for disabled people”, “a lifeline for disabled people”, “disabled people have used the Act for practical support against abuse in care homes”, “fundamental rights”, etc. not because police kept prisoners in police stations without blankets which some solicitors have used the Human Rights Act to claim against.

There is much evidence to support the 1998 Act insofar as disabled and elderly people are concerned and it has been used by their representatives to good effect. This is another matter that has been ear-marked for keeping an eye on by ‘Disability Matters’ and lays at number 4 on our top ten list. Guess what’s at the top of our list?
In recent years, the Human Rights Act has been used to protect a disabled female wheelchair user whilst in prison where she was forced to sleep in her wheelchair, left in a toilet for three hours and undressed in front of male prison officers. She was awarded £4500 plus £4000 costs back in 2001. There is a loophole in the 1998 Act that allows ‘private organisations’ providing services on behalf of local authorities to be exempt from the Act which is now being challenged by elderly residents in an East London home and a third example was that two severely disabled sisters challenged a local authorities policy on their no manual lifting guidelines. Such ‘private organisations’ include agencies that provide carers. All these cases used or are using the Human Rights Act 1998 to assist them.

There are six articles of the Human Rights Act 1998 which have particular interest for disabled people:

Article 2: “Right to life”. This strengths disabled peoples equal rights to medical treatment in life threatening situations.

Article 3: “Protects against inhuman or degrading treatment.

Article 5: “Right to liberty“. This is relevant for people with mental health problems detained and against their wishes and disabled people in institutional or community care who lack the capability to make their own decisions.

Article 8: “Protects the right to a private, family life, home and communications“. Embodies the principles of autonomy, dignity, and solidarity. Helps give disabled people the right to independent living and allows them to challenge decisions made by pubic authorities, which go against these principles.

Article 11: “Right to freedom of assembly and association”. Could help disabled people and their organisations to campaign more effectively.

Article 14: “ Prohibits discrimination against people in their employment of convention rights.

The Prime Minister’s wife using her maiden name of Cherie Booth QC and acting on behalf of her Chambers, Matrix, have been involved in more top cases last year involving Human Rights issues than in any other chambers. Capitalising on the Human Rights Act, Matrix have succeeded in attracting some £225.000 in average fees to April 2006 making the firms turnover of £11.5 million over the last 12 months. Featuring in 21 cases in the House of Lords last year, Matrix have out-classed both 11 Kings Bench Walk and Blackstone Chambers who only managed 34 appearance’s in the House of Lords’ between them.

‘Chambers’ are really offices with the premises normally situated close to High Courts of Justice or Criminal Courts where Barristers ‘trade’ from. The ’Chambers’ are controlled by ’clerks’ acting for the barristers who solicitors may approach for representation of their clients for both civil and criminal cases. Barristers wear wigs and black gowns in the higher courts and speak out in court on behave of both defendants and prosecution.

[13] HOLIDAY INSURANCE: This monthly article has proved popular with many particularly as it is revealing changes each month on the affectiveness and value of holiday insurance policies.
The Association of British Travel Agents [ABTA] have recently announced that as the travel agency watchdog, they will no longer provide compensation to holiday makers who fall foul of fraudulent travel agents who go bust. This follows a over hall of the code of conduct that ABTA is willing to provide by reducing the protection it is willing to provide to customers.

This announcement means that travellers who book flights or package holidays both in the UK and abroad through an agent on the ABTA list will no longer be automatically refunded their losses if the agent takes their money but fails to make the booking. Bookings paid for over £100 by credit card will still be protected by the card companies themselves so the golden rule is NOT to pay for flights and/or holidays in cash or by cheque - use credit cards each and every time to save losses and to use only travel agents who are well known and respected but even then it is not a sure fire guarantee since ABTA reduced their cover.

Interestingly, there remains no cover afforded to customers against airlines that go bust when buying flights through ABTA agents. To avoid being stranded at far distant airports because the airline you travelled out on went bust whilst you were laying on the beach, make sure that your travel insurance covers ‘scheduled airline failure insurance’ that will protect you against such scenarios. This insurance does not cover ‘charter flights’ so make sure you fly on well known carries such as British Airways, Monarch, the Thompson fleet, etc.

[14] BUDGET AIRLINES CHARGE MORE FOR LUGGAGE: For every piece of luggage over one item placed in the hold of an EasyJet aircraft will now attract an extra charge. This follows in the wake of the August 2006 terror alert at UK airports. The extra charge will be £10.00 per item per journey at the airport or £20.00 return or £5.00 single or £10.00 return if booked in advance on the internet. Ryanair have also joined this money making scheme by charging £7.00 per item at the airport and £3.50 on line per item.

Even more bad news, as from November 1 2006, passengers will be hit by the reduction in the amount of luggage to be permitted on all Ryanair aircraft. Only 15 kg of luggage, reduced from 20 kg per person, will be permitted on board plus hand-luggage which has already been reduced following the August security alert. Ryanair will charge £5.50 per kilo of excess weight. EasyJet will leave their luggage weight at 20 kg. per person. Restrictions on other airlines remain the same. Your flight tickets normally indicate the
permissible amount of luggage permitted per passenger.

These restrictions will affect holiday travellers most of all but business travellers taking their laptops/notebooks with them will have the weight of these items included in their luggage weight as well as the number of items placed in the hold so long as the current security restrictions are in place. It would be advisable to contact the airlines you are using a week before flying to see what the restrictions are or will be on the date of your flights and remember they could change if you are away for two weeks or more for the good or worse.

[15] SCOTLAND CALLS FOR HELP FOR FUEL POVERTY: Energywatch [Scotland] says that energy suppliers North of the boarder should stop making poorer people pay more for their gas and electricity supply’s. Energywatch wants a drop in the charges made for prepayment meters which adds some £150.00 per annum to utility supply‘s. Needless to say, low income people such as those on state pensions and benefits are the hardest hit by using prepayment meter charges. Similar calls are also being made in England. [G]

[16] HIGH STREET BANKS DESERT CUSTOMERS: At the same time as Post Office are closing in rural areas, Lloyds/TSB are reneging on earlier promises to be the last to leave town are now proposing to shut done a dozen plus branches by the end of November 2006. The initial closures will be across the country from Cornwall to Cheshire via South Wales. Who will follow suit or reduce their role’s to part-time hours? Many rural areas and villages have already lost their banking connections along with post offices so were are pensioners now to collect their pensions from?

[17] ROBIN HOOD OR SHERIFF OF NOTTINGHAM?: The Chancellor has been accused of acting like the Sheriff by stealing from the poor and giving to the rich. In a new survey, the poorest households are paying more tax and receiving fewer benefits. Council Tax is one of the major taxes that has hit low wage income individuals along with the increases in gas and electricity charges which has attracted £1 billion to the Chancellor’s treasure chest last year At the same time, new rules soon to be introduced will affect those in current receipt in Income Support as many thousands will find their income lessoned if current proposals come into being.

[18] EMPTY HOMES: The Government in their wisdom have launched the Empty Dwelling Manager Order [EDMO]. The EDMO is buried in the Housing Act 2004 and came into force in July 2006. The details are both long and complicated but basically - how I hate that word - the provision of the Order permits councils to seize a property [and the fixtures and fittings inside] if it has been empty for six months or more. This ruling could have alarming consequences on elderly and disabled people who are hospitalised for long periods particularly if they live alone and without relatives. The rules however does not apply to public sector housing leaving only private rentals or ownership vulnerable to seizure. Homes under sale and left ‘empty’ for six months of more awaiting a sale cannot be seized, renovated or rented out by the local authority. Circumstances could arise that a house inherited or otherwise acquired left empty for six months could be subjected to the EDMO. These new rules commence from April 2007 onwards. It will matter not what condition the property is because the local authority can renovate, decorate and furnish the property for up to seven years and you will not be able to live in the property again until this time period has expired. We do live in the UK and not the former USSR don’t we?

EDMO’s cannot be applied for where there are good reasons why the property is unoccupied for example, If you find that you will be in hospital or a nursing home for six months or more, the property is a second home or its on the market for sale. You could seek the advice from a solicitor telling him of your circumstances so that the property cannot be taken away from you under your nose. Please do not panic over these new proposals but take care if circumstances dictate that you will be away from your property for six months or more. Some locasl authorities have already started looking for empty properties to seize, Log onto www.cambridge-news.co.uk for further details.

[19] ID CHECKS CHANGE FOR THE AGED: Pensioners opening bank and savings account will no longer have to produce house-holds, bills, house insurance or tenancy agreements. Instead, existing customers would not be asked to produce any home forms to confirm their identity and new customers will only have to produce a passport, driving licence, bus pass or anything with photographs affixed to them. These new guidelines commenced on September 1 2006.

[20] SCOOTER INSURANCE: It has been revealed that some household policies may cover the use of mobility scooters and wheelchairs against theft and personal liability. Direct Line, Prudential and Norwich Union cover mobility vehicles at no extra cost but is dependent on the cost of scooter. Specialised policies offer similar cover and a few extras, including getting the ‘driver’ and scooter home after breakdown and meeting the cost of lost keys and some overseas travel. Cost of such cover ranges from £48.00 to £151.75 per annum according to a recent survey so shop around for the best cover that suites you. If you travel by air, make sure that the insurance covers air travel and use abroad.

[21] WORK AND PENSIONS DUMP COMPUTER: A computer system costing the tax payers £140,000 million has been ditched by the benefits system. This is the latest fiasco involving government computers involving multi-billions of pounds. Reports say that the computer was asked to do too much by handling all state benefits together, now the computer will be used only for the Employment Support Allowance - formerly Incapacity Benefit.

[22] INDEPENDENT LIVING FUND REVIEW: The following statement has been filed by the Department of Works and Pensions:

1 June 2006 - Consultants appointed for Independent Living Funds [ILF] 2006 review.

Minister for Disabled People, Anne McGuire, has announced the selection of Melanie Henwood and Bob Hudson to work as independent consultants on the 2006 Review of the Independent Living Funds [ILF]. A cross government evaluation panel awarded a six month consultancy contract to Melanie Henwood’s Associates, who will engage as independent consultants to conduct the strategic review. They will supply independent expert advice and carry out an informal public consultation in order to provide recommendations as to the future direction of the funds.
The consultants are expected to report to Ministers by December 2006.

[b] ILF PAYMENTS INCREASE: The Minister for Disabled People, Anne McGuire, announced increases to the maximum amounts payable by the Independent Living Funds. The maximum weekly payment from the 1993 Fund increased from £420 per week to £455 per week. The maximum weekly payment from the Extension Fund increased from £715 per week to £785 per week. Announcing the increase, the Minister said: “Disabled people have every right to lead full, independent lives and make their own contribution to the community. The Independent Living Funds help many disabled people across the United Kingdom achieve this. This new boost will be good news for severely disabled people, should their support needs increase in the future.”

The new maximum sums took effect from 1 April 2006. Awards are not increased automatically so ILF users should contact their caseworker if their personal assistance needs have changed or the cost of their personal assistance has gone up. Remember, the minimum wage allowance has been increased to £5.35 per hour as from October 1 2006. Commenting on the new maximum sums, the Chief Executive of the ILF, Elaine Morton said: “These increases will help the ILF continue to offer choice and opportunity for people with high support needs to live independently with the control and freedom to make financial decisions on their support arrangements.”

[c] ILF LONG STAY HOSPITAL- NEW POLICY: The ILF has been in discussion with the Department of Works and pensions [DWP] and Department of Health [DH] about the possibility of taking applications for funding from some former residents of long stay hospitals.

The ILF are pleased to announce that as from October 1 2006 applications can be considered from:

[1] people who have previously lived in a long stay hospital and who are now in local authority funded residential care receiving social care provision in a residential setting and now moving to live independently.

[2] people who were former patients in long stay hospitals in the UK and who are now living in the community, for example with relatives, and now moving to live independently. Any existing local authority provision must be maintained. ILF wil not tale over existing provision.

[3] Former patients in long stay hospitals who are now in a nursing home receiving care that is partly funded by the Health Authority and partly by the Local Authority and now moving to live independently.

The ILF will not offer funding to:

[1] People currently living in a long stay hospital who are moving directly to independent living

[2] Former long stay hospital patients who are now in a nursing home and whose care is fully funded by the relevant Health Authority

[3] Former long stay hospital patients living in as patients in NHS residential accommodation, also referred to as ‘NHS Campus’ accommodation.

More details can be seen on the ILF website at www.ilf.org.uk or contact them at ILF, P O Box 7525, Nottingham, NG2 4ZT or call 0845 6018815

[23] SAILING OPPORTUNITIES FOR ALL: The Jubilee Sailing Trust operates tall ship adventure sailing for able bodied and physically disabled people alike. The Lord Nelson is unique in that the ship was commissioned and built by the Trust to enable disabled crew to perform their duties independently alongside their able-bodied shipmates.

The ship has access throughout for disabled crew, including wheelchair users, with flat wide decks and powered lifts. There is a speaking compass for the use of blind crew members and bright track radar for partially sighted crew. An induction loop and vibrator alarms have been installed for hard of hearing crew members. There are special cabins, toilets and shower facilities for disabled crew members and the ship is fitted with a mess deck, fully equipped galley, workshop and of course, a well stocked bar and saloon area.

For further information contact the website www.jst.org.uk or email info@jst.org.uk or call 01870 443578 of write Jubilee Sailing Trust Hazel Road, Woolston, Soton, SO19 7GB

[24] VISA’S BACK FOR THE USA?: UK travellers to the USA could be forced next year to apply for visas to stop terrorist travelling to the US on UK passports. The previous visa scheme introduced after 9/11 makes it easier for UK citizens holding UK passports to pass through boarder checks. There are apparently millions of lost and stolen European passports in circulation and last year the UK reported 700,000 lost and stolen passports and US boarder security staff detected 298 counterfeit UK passports in the first six months of the current visa free period.

If the visa’s return, it will means travelling in person to the US Embassy in central London with unbelievable amounts of original paper work and facing long Q’s to make an application for the visa and returning again to collect it. Last time these regulations were in force, everybody, both ambulant and disabled alike had to attend the embassy in person to apply for a visa and then collect it. The procedure was found to be an expensive and a difficult exercise for many disabled people but if they wished to travel to the USA they had to face the problems and there is no indication that the same procedures will not be the same again next year when the new proposals re expected. Some disabled reported that it had cost them over £500 to travel, pay the visa fee, food and accommodation and hours of waiting time.

[25] NEW FIRE SAFETY REGULATIONS: New fire safety regulations came into force in October 2006. The new regulations will cover all non-domestic premises in other words offices, businesses and shops. There is guidance covering specific types of premises and also booklets providing entry-level assistance to people responsible for fire safety in small and medium businesses.

A short-guide ’making your premises safe from fire’ [reference 05 FRSD 03546] may be obtained free of charge from DCLG Publications, P O Box 236, Wetherby LS23 7NB or www.firesafetylaw.communities.gov.uk.

[26] NEW DISABLED WEB SITE: This new website helps disabled people surf the net and get on line. The name is www.createwrt.net , it is simple to use and offers special software to the partially sighted.

[27] CHEQUES ON THE WAY OUT: It has been announced that bank cheques are slowly being withdrawn. In fact, in Scotland, many establishments are already refusing to accept cheques for payment and in England, the demise of the cheque is beginning to take hold. It is supposed that some form of bank card or credit card will be used for payment of goods and the receipt of state pensions and benefits in place of a ‘cheque’ but Law and Benefit Review knows for a fact that particularly elderly people do not like any form of ‘card’, do not understand how ‘cards’ operate and find PIN systems impossible to operate for a number of reasons. Does nobody take these issues into consideration when contemplating these ideas.

EURO NEWS

EUROPEAN UNION QUOTE: "States should recognise the rights of organisations of persons with disabilities to represent persons with disabilities at national, regional and local levels. States should also recognise the advisory role of organisations of persons with disabilities in decision-making on disability matters."

ACCESSIBILITY OF ‘112’ EMERGENCY NUMBER: EDF welcomes the Commission proposal to amend Article 7 of the Universal Service Directive to strengthen the right of disabled users to access emergency services via the number ’112’. In this respect, EDF would like to emphasise the need to cover both the ability of deaf and hard of hearing people to call the 112, as well as the operators’ ability to handle the call, which must include compatible equipment on the receiving end, as well of training of personnel responsible for handling calls received from textphones. In this respect, the alternative of accessing the ‘112’ number through SMS or videophone should be evaluated. Additional expert input on accessibility of emergency numbers is pending. Will ‘112’ replace our ‘999’ system in years to come if not sooner - some cell phone already have this option included.

ACCESSIBILITY TO COMMUNICATIONS: There is a pressing need to ensure that disabled persons can have full access to electronic communication services, notably in respect of quality, cost and choice. In this respect, EDF regrets that the substantial revision of the Universal Services Directive has been delayed until the publication of the Green Paper on Universal Services, which is now scheduled for 2007. EDF calls on the Commission to integrate, during the eventual revision of the Directive, the obligation of accessibility of Universal Services into all relevant provisions of the Directive.

Article 7 of the Universal Service Directive currently provides for access and affordability of, inter alia, directory enquiry services and directories to disabled users. This provision is in accordance with the demands made by the disability community in 2000 in recognizing the particular needs of persons with visual impairments who cannot access print directories and those with hearing/auditory impairments who cannot access directory enquiry services.

Development of Internet-based directories, which is likely to bring along gradual phasing out of traditional telephone enquiry service, must go hand in hand with ensuring accessibility of directory services to users who are either disabled or for any other reason cannot/do not wish to use Internet-based services (such as older persons and those living in remote areas without reliable Internet access). Therefore, EDF proposes to leave the obligation to make directories accessible to disabled users within the scope of universal service.

NEW FROM WESTMINSTER

The Welfare Reform Bill has received its second reading and continues on its way through the two House’s. Once again the Disabled Persons [Independent Living] Bill progresses through Westminster hoping to provide a legislative framework for rights to Independent Living. At the time of compiling this issue of the LBR, parliament is still on its summer break so information on new legislation
has dried up but will return shortly.

DECEMBER 2006 HIGHLIGHTS

[1] Telephone numbers racket [2] Disabled Child Care [3] Post Offices [4] Ageing Laws [5] Government Agencies [6] Oxygen Supplies Abroad [7] Exposé of elderly care [8] Home Blood Pressure Kits [9] Pension and Benefit Increases, [10] Benefits abuse by immigrants. and much more.

COPYRIGHT NOTICE
November 1 2006

We maintain all our rights as indicated on the Home Page of the Law and Benefit website on all written material on this site which may not be reproduced, copied, distributed, transmitted, published or broadcast as individual articles or as a whole without prior permission in writing from Disability Matters of P O Box 5, Unit 6, Corinium Centre, Cirencester, Gloucestershire, GL71AA, UK.
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See everybody on December 1 2006 for our festive edition.