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.
December 2006
[edition 9]

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MERRY CHRISTMAS AND A HAPPY NEW YEAR to all our friends all over the world. Please do have a peaceful and family time during the festive seasons and we will be back on January 1 2007. PLEASE keep warm and eat hot food and take hot drinks and keep a hot water bottle close by to use if you have a problem keeping warm and wrap up, several layers of clothes are best and/or tuck up in bed with the telly. If you have an electric blanket take care when using it and unless it is thematically controlled then do not go to sleep with it switched on. Please do not put boiling water into rubber hot water bottles- wait to the water cools down before pouring it into the bottle. If you need help with care over the Christmas or New Year periods the Community and Adult Care twenty-four care line is 01452 614194. If there is no reply, then in Gloucestershire contact the police on their non-emergency line 0845 090 1234 for help or assistance or the out of hours emergency number for the NHS 0845 in all emergency situations dial 999 and ask for an ambulance/police/fire department. This month we are cutting the prologue although you will not believe it as you read on. We have mentioned previously that the present government, in our opinion, and others, have produced more, good and not so good, legislation for the elderly, disabled and infirmed, than any other government has in living memory and this continues, so in order to catch up and clear the books before the New Year, here is the last edition for 2006.

On November 20 2006, we updated and upgraded all of our introductory pages on this website so please ‘click on’ them and have a look.

May we also draw to your attention our new daily updated website operated direct from our office thanks to Gloucestershire County Council. Please log onto http://beehive.thisisgloucestershire.co.uk to see what’s new. In the November 2006 issue of LBR we outlined the workings of the new website so may we suggest that you look at paragraph six of the first page of this issue.

From time to time, we have included motoring news items as part of the LBR and we have received both emails and telephone calls from drivers saying that they had not heard of the changes we announced nor had they seen anything on TV or in the national press about the item we reviewed. As a consequence, we have started a new feature this month entitled ’Travel Round Up’ with daily updated information of the ‘beehive’ site. Enjoy.

GOOD NEWS or BAD NEWS? -- PENSION INCREASES: The basic state pension is to rise in April 2007 by £3.05 per week for single people due to the highest inflation rate for six years. This 3.6 per cent increase in pensions and other benefits such as disability living allowance is based on the September 2006 inflation rate. As we understand it, not all benefits will be increased. Time will tell. The new single person state pension will increase by £3.05 to £87.30 per week and by £4.85 to £139.60 for a married couple. That’s the good news. The bad news is that only the basic state pension will increase and the additional secondary pension will not be affected by the rises - not many people know that - yet. [Gen]

Despite these increases, elderly and disabled people will still struggle to pay utility bills, and unless the government raises the basic state pension to £114 per week, according to Age Concern, older people will not be able to afford a decent standard of living. Continuing rocketing energy prices which will be with us for at least another eight months according to experts, even though the cost of gas has been reduced by enormous amounts recently. Additional increases in water & sewage, food, goods, services and crippling council tax bills for those who still have to pay them all adds to the difficulty in making ends meet. There are reports that food items such as milk, bread and cereal have increased by 6.3 per cent due to the increasing cost of transport, fuel, council taxation, transport and production. It is strange and somewhat unaccountable, that in France, Spain, Greece, Italy and other Mediterranean countries, their governments support the price of bread and sometimes milk by contributing financially towards the supply of the product to their populations as they are treated as basic foods - no such support in the UK. [see article 1 in the ‘hot news’ items below]

One can only wonder why Members of Parliament and Government Ministers and particularly the Chancellor of The Exchequer, appear not to have any idea how much it costs to live day to day in the real world when considering annual increases in state benefits and pensions. The £3.05 increase for single people might just keep you warm during a cold spell for one and half days of conventional heating together with the £0.54 per day winter fuel allowance of course which will provide just three hours of low heating. Tucked away in Westminster with the odd day out to meet with constitutes, normally two homes, fact finding trips abroad, huge salaries and large expenses, subsidised meals at the House of Commons, paid 1st class travel, long summer breaks, large pensions on retirement, annual increases in salaries without consultation way above others and if your are a Minister or Secretary of State as well, then you get a gas guzzling car ’company’ car thrown in for free and in some cases ‘grace and favour’ homes. All a very long way from the ‘real world’ in which we lesser mortals try to survive in. Where were you when the Prime Minster and his family were in Barbados on holiday living in a rent free luxury house owned by a musical star in fact when did you last have a real holiday? [Gen]

We do not apologise for the following four references to banking, email, letter and internet frauds, that are gripping the world wide web as you read this article. It is the likes of you and I who are possible elderly, disabled or infirmed who are the ones who could be easily duped by the receipt of such ’frauds’ via our computers and we at ’Disability Matters’ who care, ask you to take heed of our warnings as we have received these scams.

QUEENS SPEECH

The Queen’s Speech read in the House of Lords on November 15 20006 revealed six new Bills [which could have a direct affect of all disabled, elderly and infirmed people] all to be processed in the new session of Parliament:

1. CONCESSIONARY BUS TRAVEL BILL: This will provide free off-peak travel for over 60’s and disabled people on local bus services in England. Whilst many local authorities already provide this service, their appears to be no universal standards in the regulations. This Bill will regulate the travel for the elderly.

2. LOCAL GOVERNMENT BILL: This will devolve the making of bye-laws to councils and give them the power to enforce them by means of fixed penalty notices.

3. PENSIONS BILL: Will rise the state pension age from 65 to 68 by 2046 and restore the link between state pensions and average earnings. [It is hoped that some state benefit’s will also be linked in the same way]

4. WELFARE REFORM BILL: Creates a new state benefit which we all know will be called The Employment and Support Allowance and will replaces the Incapacity Benefit. Much controversy has already been shown towards these changes and no doubt will continue as the government continues to get claimants back to work.

5. DIGITAL SWITCHOVER BILL: ensures elderly and disabled viewers can make this switchover from analogue to digital television. [Note: Disability Matters are pestering the appropriate Ministers to ensure that some financial assistance is provided for these government imposed’ changes]. A recent revelation leaked in late November has revealed that the BBC may be given the files of elderly people from the Department of Works and Pensions so see if the qualify for financial help when digital TV goes live. More on this in the February 2007 issue of Law and Benefit Review.

6. COUNCIL TAX [NEW VALUATION LISTS FOR ENGLAND] Bill. This speaks for itself, possible unaffordable council taxes for all that pay them. Much criticism has already been aimed at this Bill which can do nothing but cause financial problems for very many people on low incomes.

CONTENTS

[1] NEW AGE DISCRIMINATION
[2] PHONE NUMBERS RACKET
[3] BLAIR’S BOOBS [
[4] BAILIFFS
[5] FREE CINEMA TICKETS
[6] WEBSITES FAIL
[7] WELFARE REFORM COMPLAINTS
[8] BLOOD PRESSURE KITS
[9] ANOTHER WONDER DRUG
[10] TOUCH MAPS FOR THE VISUALLY IMPAIRED
[11] DISABILITY RIGHTS COMMISSION GUILD LINES
[12] SELF ASSESSMENT ON EQUIPMENT
[13] GAS SAVINGS
[14] NEW INCOME SUPPORT CONSULTATIONS - JERSEY
[15] WHAT IS OFCOM?
[16] ELDERLY CARE CRISIS
[17] MORE HELP FROM MOBILITY
[18] CALL FOR FREE PRESCRIPTION CHARGES
[19] NEW ACCESS LAWS FOR NEW PLANNING
[20] PLEA TO EXTEND THE DLA FOR BLIND PEOPLE
[21] AIR CODE NOT WORKING
[22] SCAMS LEFT RIGHT AND CENTRE - WARNING
[23] BANK SCAMS
[24] IDENTITY FRAUD
[25] GOOD NEWS FOR CARERS

EURO NEWS

[a] ACCESS TO RAILWAYS IN THE EU
[b] RAIL PASSENGERS RIGHTS
[c] EUROPEAN FUNDING

MOTORING

[a] MOTORWAYS/AUTO-STRADERS/AUTO-BAHNS
[b] TRAFFIC CALMING SCHEMES - PUTTING THE VISUALLY IMPAIRED IN PERIL
[c] DRIVE BY BLACK BOX
[d] MORE MOBILITY ASSISTANCE
[e] MORE COMPLAINTS AGAINST COACH DRIVERS
[f] GUIDE DOGS REFUSED
[i] TOWING CARS AWAY - BREACH OF HUMAN RIGHTS?
[j] LONDON CONGESTION CHARGES INCREASES

TRAVEL NEWS

[a] AIRLINE HAND LUGGAGE CHANGES
[b] RYAN AIR FINES
[c] CHANGES TO PASSPORT FEES

HOT NEWS

[1] STATE PENSIONS INCREASES
[2] ON-LINE BANKING FRAUD
[3] ELDERLY LOOSE HOMES

[1] STATE PENSIONS INCREASES: The labour Government have announced that in the Queens Speech on November 15 2006, there is to be included a Bill which will link the state pensions and presumably state benefits with earnings rather than the cost of living. This infact took place as the article above indcates. These changes have been requested for a number of years as state benefits and pensions have lagged more and more behind the cost reality in the UK. These changes if approved are likely to become a reality between 2010 and 2012. There is also Pensions White Paper due out in December 2006.

What does this all mean, well, the state pension age for men and women will rise to 66 years in 2024, to 67 in 2034 and to 68 in 2044 with each rise being phased-in over a two year period. During the next Parliament, the state pension will become more and more generous and future increases will be linked to earnings rather than prices. The number of years required for people to qualify for a basic state pension will be cut to 30 years. From 2012, when people will automatically be enrolled in to a new, low cost national savings scheme although those who wish to, may opt out of it.

The most important part of all these changes is that of the restoration of the link with salaries, rather than prices - which will mean larger annual April rises in the state pensions and hopefully state benefits than at present. However, do not be co-placement with these new increases because as time goes by, the cost of living [and salaries] must surely increase as well, which we at ‘Disability Matters’ feel will exceed the pension increases so there will still be a need to ‘save’ and ‘invest’ to achieve a comfortable retirement in the future. Something that younger people should seriously consider.

Further reforms are to be announced by the Works and Pensions Minister in the latter half of November which will result in a further number of women who will qualify for a basic state pension by 2010 without having to work so long after having work breaks due to pregnancy and other issues. These announcements will be included in The Pensions Bill and will be long standing and complicated so we will wait until the announcement has been made and then dissect it and report in the January 2007 issue of the Law and Benefit Review.

[2] ON-LINE FRAUD: The rate that fraudulent emails known as ‘phishing’ are targeting on-line banking and shopping is becoming alarming. Criminals are targeting unsuspecting bank and internet customers by sending e-mails purporting to come from their banks and asking private and detailed questions which should already be known to ‘genuine’ banking and internet suppliers. We have highlighted this problem several times before as we at ‘Disability Matters’ have now received 14 such ‘phishings’ from banks and savings banks in November alone and who claim that our account with them requires updating when in fact we hold not such accounts. We have not responded to the email but printed it off and sent copies to the police and the Gloucestershire Trading Standards Office for their investigation. Apparently there is a central crime office at Scotland Yard who collates ’phishings’ and fraudulent emails from Africa which ask people in the UK to bank large cheques for them and then send them a cheque for balances. The imperative action is NOT to respond or contact the senders of the emails as this will entice the senders to increase their activity. These frauds are rocketing, so take care and delete any email which looks suspicious.

[3] ELDERLY LOOSE HOMES: Nearly 400,000 older people could lose their homes in the next three years say local authorities. This threat in one form or another, which we at ‘Disability Matters’ have covered before, could mean that the frail and vulnerable who depend on help for dressing and washing, cleaning, getting up and going to bed and preparing meals could end with no help at all unless their property is sold to pay for the services previously provided for free or following an assessment for an assessed amount.

The possible loss of free ’home help’ comes at a time when independent charities and authorities have been indicating the need to increase help and assistance to the elderly who live in their own homes. Those who do not receive help with meals and everyday help are highly likely to move into residential care homes and be forced into selling their homes to pay for their care which we proved in previous articles of the Law and Benefit Review could be illegal. The Local Government Association who announced these proposals says that some 370,000 elderly and infirmed people who we say have contributed to their pension all their working lives and contributed to the war effort in some way or another, perhaps in two world wars, are now being left high and dry insofar as care and help is concerned.

Disabled, elderly and infirmed people in receipt of the higher rates of care and mobility from the Disability Living Allowance benefit may apply to the Independent Living Fund for funding and at the same time apply to their local Community and Adult Care department for funding to be allowed to continue to reside in their own homes with the assistance of carers or personal assistants which they employ. This issue will surely run on and on and we will keep our eye on it.

EDITORS BLOG

[1] Welsh hospitals and/or employed car parking services take between them over £1.5 million on hospital parking charges with people suffering from mobility problems suffering most due to the lack of or limited disabled parking spaces near to the hospital entrances. Surgeons, Consultants, Doctors and Managers are urging that parking should be free for patients and visitors but Health Trust say that if they provide free parking it will be abused by the public not using hospital facilities. [bbc] [2] A vast database containing a file on every single UK citizen [and perhaps others] is being planned by the government by April 2007 in a proposed ’watering down’ of privacy laws. Voters list could be used by the police as an ID card database with fines up to £2500 for those who do not register and pensioners who take stands at soaring council tax bills by refusing to pay them will have their right to pension credit refused. We thought April fools day was on April 1 not September 14 when these dragooning measures were announced by Lord ‘Big Brother‘ Falconer‘s Department for Constitutional Affairs. Is this a Labour party joke or what? We are waiting for the back-lash. [Gen] [3] A Vitamin B3 called ‘Nicotinamide may help reduce MS patients from severe long-term disability according to the Journal of Neuroscience following studies by a children’s hospital in Boston USA. As ever, always check with GP before even contemplating taken this medicine. [Gen] [4] A survey by ‘Help the Aged’ says that two thirds of the ’baby boomer’ generation between 45-65 years have made no provision for any future care needs and some say they may rely on the sale of the homes to pay for it whilst others say they will rely on their state pension of £84.00 a week or its future equivalent to pay the £400, or future equivalent, average weekly cost of care, where will the balance come from even though both state pension will have risen along with the cost of care? [Gen] [5] In case you have retired and are think of moving abroad to France, Spain, Portugal, Belgium, Monaco or Switzerland or have already done so and cannot find a decent tradesman, log onto www.angloinfo.com [Gen] [6] Letters are being received by vulnerable people saying that they have won valuable prizes without entering into any competition and to claim the prize they must make a premium telephone number call, forget it. These claims are more than likely false and such telephone calls may cost £9.00 with no promised prize at the end of the call. Genuine notifications of prize winnings are carried out by mail direct from the operators to the winner without the need for a premium number calls. Our advice is to approach an agency such as the Citizens Advice Bureau, Trading Standards offices or solicitors before acting. Read the notification letter carefully as ‘conditions’ may apply to the receipt of the prize such as the purchase of items from a catalogue. Genuine notification of a prize win will not ask you to buy something. Take care. One pensioner has lost £19,000 in entering and chasing valuable prizes which a TV programme proved did not exist in the first place. The ’ploy’ was to get people to buy items from catalogues. [7] Emails are also being sent out by fictitious banks and loan companies on the pretence of being banks holding accounts of the person to whom the email is directed and asking for personal information on the account and individual. Please DO NOT even open the email but delete it, because banks and loan companies simply do not operate in this manner, they may send you a letter by mail if they would like to speak to you but they never ask for full account numbers or sort codes of you by telephone. Do not give out passwords or other security arrangements ever. If you are not happy, put the phone down and ring the head office of the bank or loan company for confirmation. No private or confidential information should ever be given out ‘on line’ or over the telephone because you will not be asked for such, other than a security name or number. The false emails all look genuine with bank and loan company symbols and addresses, so many of these emails of are sent out, that the fraudsters rely on some people replying to the email, do not be one of them. Some £23.5 million was taken from people last year through fraud committed in this manner.. To prevent such emails getting though to you, make sure you have a Firewall and anti-virus software fitted and know how to use them and keep them updated. Treat all strange emails with suspicion if you do not recognise the sender, get the email address ‘blocked’ to stop further intrusion using your internet or email provider. To keep updated with email scams log onto www.cardwatch.org.uk or www.banksafeonline.org.uk [8] For a run in the country on your suitable wheelchair contact, ‘Disabled Ramblers’ on www.disabledramblers.co.uk. [9] The Dept for Works and Pensions will shortly issue 0800 numbers for claimants to use as they have finally realised that hanging on a telephone line waiting to be connected to somebody to help you costs callers money. We will let you know the numbers when they are issued.

**FOR SALE**

Electric hoist with extending/retracting arm and all controls capable of lifting 80 kilos of powered wheelchairs or scooter from ground level into the trunk of a vehicle such as Renault Scenic or similar. Offers around £120.00 considered. Excellent condition. Contact ‘Disability Matters’ on 01285-861752 or email mdm19542000@yahoo.co.uk

[1] NEW AGE DISCRIMINATION AT WORK NEW LAWS: From October 1 2006, new regulations in the workplace will give disabled/pensioners individuals important new rights, extended existing rights and remove which up to now have been traditional barriers. Much publicity has been made of this new legislation which affects pensioners who may keep working after retirement but few know the ‘ins and outs’ of it. By 2020 a third of the work force will be over 50. The legislation affects Retirement, Training, Promotion, Retraining and Recruitment. The basics of the new law is that ’age’ cannot be taken into consideration by employers when recruiting. The employers or adverts cannot ask for your age either verbally or an application forms and subject to your qualification, you may apply for any career and cannot be refused the position on the strength of age alone.

There is to be a delay until December 1 2006 on the introduction of the pensions schemes side of the new laws because the government wants to give more time to employers to digest the changes in their pension schemes. For further information on the new legislation go direct to: or www.acas.org.uk. or
www.dti.gov.uk/employment/discrimination/age-discriination.

[2] PHONE NUMBERS RACKET: Banks, broadband, Internet providers, and other users of 0870 and 0871 phone numbers face a crackdown when a new regulator takes charge in 2008. Users of these numbers are accused of keeping customers on line by difficult layers of messages and menus and long waits, clocking up profits for the benefit of the line holders and the telephone company Icstis, who take over from Ofcom in 2008, says that 15 seconds is the maximum period that anybody should be kept waiting to speak to an operator. ‘Disability Matters’ have ascertained a website from our database which allows 0870 and 0871 number users to reduce the cost of these call by using www.saynoto0870.com

[3] BLAIR’S BOOBS: Yes, we have praised the Labour Government for introducing the Disability Discrimination Acts and other legislation for the benefit of disabled people time and time again, BUT:

The tax credit system has paid overpayments totalling £2.2 billion whilst 900.000 have been underpaid

The Pension Credits scheme is so complicated that 1.6 million pensioners are not even claiming the money to which they are entitled as they are unable to complete the application form.

The bill for social security has risen to a record £160 billion with the Department of Works and Pensions employing 125,000 staff, more personnel than the British Army employs now.

Some 2.7 million are claiming Incapacity Benefit with 60 percent claiming for physical disability.

Fraud in the benefits system is costing £2.6. billions per year.

Total wastage through fraud and over payments per annum amounted to a staggering £4.8 billion of tax payers money last year.

[4] BAILIFFS: It may be a sign of the times, but many disabled and elderly people are finding that they are unable to support themselves on state payments or benefits and finding resorting to using credit cards and loans to pay bills and then are unable to pay the loan back or pay off the credit cards. This could eventually lead to Court Bailiffs arriving at your home with a Distress Warrant unless you seek help.

Bailiffs are in effect ‘officers of the court’ and governed by the rules of the court and are issued with a Bailiffs Certificate with their personal details and a photograph on which entitles them to ‘levy’ distress warrants on behalf of people who are owed money by members of the public, businesses and companies but the actions of some of Bailiffs are being discredited because of their unlawful actions. Some Bailiffs are climbing through open windows whilst the house is unoccupied, breaking into homes, conning people, being abusive, etc.

Bailiffs are permitted to add charges to the debt owed and these charges are horrendous, up to and over £100 for an abortive call when no reply could be received by the Bailiff and £35. plus for sending a letter or making a telephone call, the cost of which are legally permitted to be added to the total debt on the ‘warrant of distress‘. There are strict procedures laid down in law concerning what a Bailiff may or may not do and unfortunately some Bailiff’s are ignoring the law and terrorising debtors which recently included a disabled blue badge holder whose carer had been illegally using his blue badge for which the car had been issued with a fixed penalty notice that had not been paid. Most local authorities use the services of Bailiffs to collect unpaid rent, council tax and the non-payment of parking fines.

When enforcing a distress warrant, bailiffs should first either write to the ‘debtor’ asking for the debt to be paid or call on the ’debtor’ and ask for the payment. If no payment is received, then a Bailiff may enter the premises of the debtor if a door or window is open - not break in - and carry out what is known as a ’walk in possession’. This procedure entitles the listing of goods in the home that the debtor owns - not goods such as vehicles or TV’s on hire purchase - to the value of the debt and the Bailiff’s charges. These items are listed on a form and a copy given to the debtor. The goods may be marked with a label to stop other Bailiff’s from listing the goods on another warrant and the debtor is given five days in which to pay the debt in full or come to some arrangement to pay the debt off which must be adhered to otherwise the Bailiff may return to the premises where the goods are un-announced and if necessary break-in to recover the goods and remove them for sale in an auction where prices obtained are normally nowhere near the true value of the item. Any deviation of these procedures is a breach of the courts rules for which the Bailiff will have to answer and you have the right to complain to the court even though the courts do not necessary issue the ‘distress warrant’. Loan companies, banks, credit card companies, Inland Revenue, Customs and Excise and local authorities often issue their own ‘distress warrants’ though solicitors who employ the bailiff’s but this is normally as a last resort after everything else has failed to recover the debt by other means. If you find yourself in the unfortunate position of being in ‘debt‘, do not ignore letters, respond to them, speak to the people who you owe money to and come to some arrangement to pay off what you owe over a period of time if needs be, or take advice from a financial consultant, solicitor or visit the Citizens Advice Bureau. Please do not ignore the alleged ’debt’ otherwise, court proceedings will follow, possible bankruptcy and/or the Bailiffs.

If matters reach the stage that a Bailiff has arrived at your home you do not have to open the door to him on the first call and he/she cannot or should not force his way into the premises, if he does call the police to eject him as he is a trespasser even though he may have a ‘distress warrant’ - the Bailiff has violated his/her authority for which you may sue him/her for Tort or trespass, particularly if he has caused damage to your property. If you enter into an agreement to pay off the debt, this mode of payment cannot be refused, but you must keep to the agreement which will be in writing along with the Bailiffs charges shown which the Bailiff and you sign. It is a legal document and so long as the terms of the agreement are kept then no additional charges may be added to it by the bailiff. Until the debt is paid in full, the ‘walk in’ possession’ will remain in position because if the debtor reneges on the payments then the Bailiff may return to the property to take sufficient goods to cover the remaining outstanding debt. There are many firms of Bailiff’s who carry out their work lawfully and in a proper manner. Some are members of the Enforcement Services Association who will offer advice and guidance to you if you are concerned about the actions a Bailiff, but not all Bailiffs are members of the Association. For more advice log onto www.ensas.org.uk

If in doubt as to the actions facing you by an individual who is claiming to be a Bailiff, ask him/her to produce their Magistrates Courts Bailiffs certificate which will show the Bailiffs photograph and the court name which has issued the certificate. The certificate must be renewed annually and some time the applicant is questioned by a Magistrate or Justice of the Peace as to their suitability. Police checks are also carried out. If he/she cannot produce a certificate which they must carry when carrying out the execution of a distress warrant, then refuse to allow them into the premises and immediately call the police.

THE ENFORCEMENT SERVICES ASSOCIATION (Certificated Bailiffs Association) was formed in 1906 to provide a central organisation for certificated bailiffs and civil law enforcement agents and to promote ethical and professional conduct among members.

The Association is a member of the international professional body for civil enforcement officers, the Union Internationale des Huissiers de Justice et Officiers Judiciaires (UIHJ), the Civil Court Users Association (CCUA),the Joint Security Industry Council (JSIC). The Association represents its members and the profession in consultation with UK central Government and organisations such as the Institute of Rating Revenues & Valuation (IRRV), Money Advice Liaison Group (MALG).

If you have any queries concerning the action of a Bailiff in England and Wales then either contact the individuals who issued the warrant , your solicitor, the police if needs be and/or the court who issued the Bailiffs Certificate to complain about the Bailiffs actions which could lead to the Bailiff losing his certificate or the Enforcement Services Association at Park House, 10 Park Street, Bristol, BS1 5HX Tel: +44 (0)117 907 4771 Fax: +44 (0)117 915 4521 Email: enquiries@ensas.org.uk or www.ensas.org.uk or the people who issued the warrant in the first place.

[5] FREE CINEMA TICKETS: The Cinema Exhibitors Association Card entitles the disabled holder to one free ticket for a person accompanying them to the movies. To meet the criteria the holder must either:

Receive Disability Living Allowance or Attendance Allowance at any rate.
Be a registered blind person.

Be a holder of a disabled persons national scheme railcard.

Cards are valid for 3 years with a one off processing fee of £5. Apply to www.ceacard.co.uk for an application form, there are no age restrictions and cards are valid for all performances.

The Card Network may be contacted at The Technology Centre, Inward Way, Rossmore Business Park, Ellesmere Port, Cheshire, CH65 3EN. email info@thecardnetwork.co.uk or 0845 123 1295.

[6] WEBSITES DON’T MEET MINIMAL STANDARDS: A survey of the UK’s most important retail websites shows that none of them meet minimum standards of accessibility for disabled shoppers. The ‘responsibility’ was matched against WCAG Accessibility Guidelines as a basis for its testing.

Although none of the sites tested, among which were Amazon, Dell, Argos, Play.com, Easyjet, etc., met the minimum standards, Tesco, John Lewis and Marks & Spencer’s had made particularly attention to accessibility.
The survey revealed that anybody with serious physical impairments, visually impaired people or those who needs glasses to read would encounter difficulties and in many cases would just give up.

As we have indicated in our ’special’ pages shown on the Law and Benefit Review website under the heading of ’Website Accessibility’, sufferers should have appropriate software fitted to their computers which helps their specific disability. Staff in outlets such as Comets, Curry’s, Home Base and all computer outlets will recommend suitable software to aid their own particular disability so take their advice. We at ‘Disability Matters’ try hard with our webmaster to comply with the regulations that the United Kingdom government, European Union and the USA have asked to do, hopefully we can. For more information look at www.nomensa.com
[File]

[7] WELFARE REFORM ANGER: Disability Rights Campaigners were so concerned about the government proposals affecting Incapacity Benefit [IB] changes that they campaigned and marched at the same time as the Labour Conference in Manchester in September 2006. The Welfare Reform Bill replaces the current Incapacity Benefit with much stricter and more punitive Employment and Support Allowance [ESA].

The changes will take place by the employment of the private sector and voluntary organizations with interviews, assessments and work plans overseen by the agencies who will have the power to reduce benefits or even stop them completely.

The whole manner in which these changes are taking place concerns the whole of the UK disability world as the Bill takes little into account of the complex nature of disabled peoples impairments and the training and qualifications of the people carrying out these changes plus the financial incentives being offered by the government. These concerns were previously expressed some ten years ago when private companies were employed to operate the Incapacity Benefit system and Appeals, when retired GP’s were re-called to carry out medical assessment for a fat fee plus expenses. This resulted in numerous complaints, re-assessments, claimants taken off benefits and having them re-instated after appeals with back payments of benefits, which must have cost millions and here we go again.

An independent appeal scheme will be in existence, but the government appears to be forgetting that many long term claimants of IB were actually placed on this benefit by former governments after large scale unemployment in areas such as South Wales and the ‘North’ where the steel and coal industry closed down and in order to keep the figures of ’unemployment’ low, the unemployed were placed on Incapacity Benefit - of course, governments will dispute this, but the figures speak for themselves. Many of the claimants were not ill, sick or disabled when placed on IB - just unemployed and without any chance of obtaining a job in a area devoid of industry. Number crunching I think they call it.

Now, all those that are now claiming IB and not Income Support could be taken off the benefit and asked to look for work which is the whole object of the Welfare Reform to once again reduce numbers for government figures to look good. Has wheel has turned the full circle? [Dec. Gen 06]

[8] BLOOD PRESSURE KITS: Easy to buy, simple to use but are they accurate? Why do you want to know what your blood pressure is everyday? Is it a good idea to be obsessive over this is? Do you get worried if the readings are ‘up’ or ‘down‘?

The equipment used in GP surgeries and hospitals costs hundreds of pounds, way above the prices of £79.95 down to £29.99 being charged by some pharmacies and some internet & catalogue companies. This should say something about the quality and reliability of the lower priced monitors? Taking blood pressure is not so simple as it is often described in some shop bought blood pressure kits. The position of arm, the tightness of the cuff of a shirt, the difference between a finger monitor and a wrist one and the reaction of the patient to a reading producing anxiety or other concerns. So what should you do? The expertise of consultants, doctors and nurses should go a long way to ensuring that your blood pressure is being calibrated by trained staff and with the use of an approved monitors.

If you are so concerned about your ‘blood pressure’ then go and see your GP who will test it free of charge with a calibrated monitor which has been approved by the British Hypertension Society [BHS] and has under-gone rigorous testing to meet specific criteria with accuracy checks every two years. The GP will also have a working knowledge of your medical condition which requires your blood pressure to be taken at regular periods and indeed you may be taking medication prescribed by your GP for the condition that is adversely affecting your blood pressure, so he will know more about your condition than any home operated blood pressure monitor could ever tell you. It has been suggested, not by us though, that your GP or Practise Nurse may advice you as to how you should operate your own blood measuring monitor to take accurate readings - if they are not too busy. The trouble with self testing is that unnecessary worry may occur together with anxiety and even wrong medication being obtained if readings are ‘up‘ or ‘down’ from the norm.

Some eight blood pressure monitors were tested independently by ‘Good Health’ at a BUPA hospital in Tunbridge Wells, Kent and each one varied in many ways. They were described by ‘testers’ as either ‘totally misleading’ or ‘unclear instructions’ ‘ complicated’ ‘enough to give anybody a heart attack’ ‘fairly accurate’ and ‘readings far off the baseline reading’ or ’results totally misleading’.

On the good side, descriptions included ’instruction book very good’ ’good price, ’fairly easy to use’ ‘looked professional‘. Out of the eight monitors tested, four were BHS approved and four were not, but even the BHS approved still attracted some advertise comments which we find strange.

Only two monitor ‘s came out as being ‘accurate’ by the ‘testers. The first cost £49.95 which produced a reading of 132/93 as a pressure reading and the other £79.99 which produced a reading of 144/99 which are from the middle price range and the most expensive of the monitors tested.

The recommended blood pressure level is 130/80 and none of the monitors who were operated by a nurse managed to produce this reading although some came fairly close, some were not, so back to what we asked in the beginning of this article - are they accurate? It is realised of course that if you suffer from ‘blood pressure’ then your blood pressure reading will not be 130/80 but can you really on the reading produced by the monitor you have chosen? We have our own views.

For further information, log onto The Blood Pressure Association at www.bpassoc.org.uk at The British Hypertension Society at www.bhsoc.org. Copies of the blood pressure monitoring report may be obtained from our office. [Gen.Dec.06]

[9] ANOTHER WONDER DRUG: ‘LUCENTIS’ is designed to combat the wet form of age-related macular degeneration [AMD] which normally affects that over 60’s which progresses quickly and cause blindness. USA surveys reveal that 9 out 10 patients have not suffered vision loss after using the drug. Around 30% of patients received a significant gain in sight which proved that the injected drug offered improvements as well as preventative sight loss. The ’new’ drug is due to be licensed in Europe by the end of 2006 but as always, you must consult with your GP or Consultants before even attempting this or any other drug or medication that we refer to. Good luck. [Gen.Dec.06]

[10] TOUCH MAPS FOR THE BLIND: The Royal National Institute for the Blind [RNIB] and fifteen other people with impaired eyesight have developed a new limited series of tactile maps for the London Underground system. The stations of Old Street, Westminster and Earls Court are now available from Transport for London at www.tfl.gov.uk or from the RNIB at www.rnib.org.uk The maps will include the locations of the tickets offices, manual gates, platforms, stairs, escalators, lifts, etc. Although this is a remarkable step forward for those suffering from impaired eye site, the steps are somewhat limited bearing in mind the number of stations on the London metro system, hopefully our friends at RNIB will be working on other maps for other stations as soon as possible so that impaired travellers can access and exit all the stations on the system. [Gen. Dec. 06]

[11] DISABILITY RIGHTS GUIDE LINES: The DRC have issued guidelines on the Disability Equality Duty which comes into effect in December 2006. These new rules explain what disabled people should expect from their own local authorities. For further info. call 084457 622 644 or www.dotheduty.org. [Gen. Dec.06]

[12] SELF ASSESSMENT ON EQUIPMENT: The Self Assessment Rapid Access [SARA] tool was developed by the Disabled Living Foundation to look after individuals and their environments to help disabled users find new and suitable equipment that might help them in their daily lives. Try Goggle, who have a new version of their search engine to log onto www.dlf.org.uk/sara.[Gen. Dec.06]

[13] GAS SAVINGS: By making the following changes in home routine could help you to save £276 per annum or so it is being claimed. Try the following:

[a] only press ‘start’ or ’go’ on the dishwasher when its full. This could save £15 per annum

[b] Only put sufficient water in the kettle that will suit your needs at the time instead of over filling it could save £30 a year [£45.00]

[c] Place silver foil behind radiators affixed to external walls so that the heat reflects back into the room and could save £15 a year [£60]

[d] by switching off over night all ‘standbys’ on TV’s, stereo's, etc. could save £46 a year [£106.00]

[e] Turn lights off every time when leaving a room could save £32 a year [£138]

[f] By changing five 60 watt light bulbs that are used for 3 hours or more per day for low energy bulbs could save £32 a year [£170]

[g] By turning down the central heating thermostat by one degree and ensuring that your cylinder thermostat is no more that 60C could save £49 a year [£219]

[h] Use a 40C wash instead of a 60C wash on an ‘A’ rated washing machine could save £12.00 a year [£231]

[i] Always look for the ‘energy saving logo’ when buying or replacing gas appliances, this could save you a further £45 a year
Total claimed saving £276.

By switching off all unnecessary lights, clocks with visual display’s, outside garden lights, pumps in pools when not required during autumn and winter periods, green house electric heaters when not really required, turning radiators down or off in rooms not normally used and leave doors open instead allowing warmth from adjoining rooms or passenger ways to enter, place a curtain across outside doors so draughts are reduced, closing windows and ensuring outside doors are closing properly could also save on heating charges. Every little helps.

These saving figures are based on DEFRA/Energy Saving Trust 2005 data and gas prices as on October 4 2006. [Gen. Dec 06]

[14] NEW INCOME SUPPORT CONSULTATIONS IN JERSEY [CHANNEL ISLANDS]: The Minister for Social Security in Jersey has issued a public consultation paper and questionnaire on the details of the new Income Support proposals which are due to come on stream in October 2006. This new proposals will be a major change to the way that the island delivers support to members of the community seeking financial assistance. The Consultation paper will gather back information to develop the details of the new system which is due to be debated by the States Parliament in Jersey in the early part of 2007.

We mention this only to prepare you for the high state benefit amounts received by Jersey people in need of financial help. If you are not sitting down, then perhaps you should as the amounts will stagger you. Contact www.state.nj.us and work through the site.

[15] OFCOM: The Office of Communication is the official watchdog and regulator of the UK communications industries with responsibilities across the television, radio, telecommunications and wireless communications services. The role of OFCOM includes ensuring equal access to communications technology for disabled people and to enforce rules about the portrayal of disabled people on TV and radio.

OFCOM is currently developing a Disability Equality Scheme and would employ as many disabled people as possible to give them their views. OFCOM is formally advised by the Independent Advisory Committee for Older and Disabled People [ACOD] and between them and OFCOM, some seven priorities to improve disability equality in the communications sector have been introduced from 2007 to 2010.

The priorities are:

1. Informing disabled people of Ofcoms role and how t make complaints.

2. Ensuring that disabled people are able to access, understand and create electronic communications in a variety of contexts

3. Enforcing content regulation rules regarding the portrayal of disabled people on television and radio

4. Seeking to employ more disabled people to Ofcom’s decision-making committees.

5. To ensure that Ofcom is more creative and proactive in recruiting and developing disabled equality

6. Ensuring that Ofcoms suppliers have equal opportunity policies that include disability equality

If you have any thoughts on these ‘priorities’ and wish to take part in the Disability Equality Scheme then get in touch with Ofcom by contacting the Equalities and Diversity Manager on 020 7981 3977 or at www.diversity@ofcom.org.uk of by post to Ofcom, Riverside House, 2a Southwark Bridge Road, London, SE1 9HA a.s.a.p [Gen. Dec. 06]

[16] ELDERLY CARE CRISIS: Recent cuts back on help have resulted in unsavoury headlines ‘care system disaster’ ‘blackmail’ ‘shame’ ’forced house sales to pay for care’ ‘houses sold to look after the elderly’ ’appalling standards of care’ ‘unlawful conduct of demanding finances from those in care’ ‘no dignity’ and ‘despicable negligence’ etc. etc.

The Deputy Health Minister in Scotland has conceded there were issues over the implementation of free personal care for the elderly but nothing so far from the English Parliament. In the meantime, the Government launched a ‘Dignity with Care’ campaign for elderly patients.

The Standard of Health Services care has recently been damned - again - after four pensioners died following ‘chaotic and despicable treatment’ at the same hospital. ‘Incompetence and neglect’ may well have contributed to the deaths and spiralling debt meant that the most vulnerable are being denied the basic care they need.

At least half of us will be forced into selling our homes to pay for nursing or residential care bills. Some 70,000 people sell their homes each year to cover the day to day care they require.

Many people over 60 continue to think that that NHS or state benefits and pensions will pay for any ‘care’ that they may require in the future, but mistakenly there will be a ‘funding gap’ of £315.75 at today’s figures between the pension/benefit amount and the fee required for the basic care.

Some local authorities are ‘blackmailing’ families, friends and even acquaintances into paying towards the care of their relatives or friends because of a shortfall in finance to cover the care needs with additional threats to move the person in need of care to cheaper homes, possibly miles away from any relatives or friends. Ironically, people in council homes are protected due to a loop hole in the human rights law whilst those in private homes are not - what kind of human rights act would allow this to happen to elderly and frail people?

There is also a ridiculous scenario of the chronically sick needing 24 hour ‘nursing care’ which the NHS should in law pay regardless of circumstances with no means testing applied and day to day ‘care’ being paid for by the same patient from pensions/state benefits/sale of property.

Local authorities are slowly cutting back on services and rising the threshold of illness at which people can receive home care services that have been supplied to frail and elderly people that need them to enable them to live independent lives. Meals on wheels, cleaning, transport, washing and dressing are among the services being cut or lost altogether.

Further investigations have revealed that healthcare given to people with mental health problems and learning difficulties shows they are often receiving worse treatment than others.

In the November 2006 issue of the Law and Benefit Review we reported on the elderly going hungry whilst under care in hospital. What on earth is happening?

Many of the demands given out by local authorities via the formal social services for payment of care for an elderly person could well be unlawful under a court ruling.

[a] If the care being offered is more than ancillary to the accommodation provided, the National Health Service must pay - court ruling Coughlan -v- NHS July 1999.

[b] “A home cannot be required to be sold in the patients lifetime“ so stated Patricia Hewitt in the House of Commons on July 21 2005.

[c] Whilst next of kin must be consulted, they cannot be required to book the care home as this is a decision for health professionals. [Goldsmith -v- Wandsworth August 2004]

[d] If a dispute arises, care must be provided free until the matter is resolved. This is a Health Department directive from August 11 1999.

IMPORTANTLY, nobody, the person seeking care, relatives, friends or those holding power of attorney should sign or agree anything with social services, the NHS, the care home, hospital or agency without first consulting a specialist care solicitor rather than the normal family solicitor unless of course the two may be combined.

This article is but a précis of what is happening in the world of care for the elderly and due to ‘space’ we are unable to reveal all here. We have prepared a free pack for those who wish to know more and some of it is not very pleasant reading. Please contact us if you require more information on 01285-861752 quoting [File Dec’06] or log onto www.nhscare.info.

[17] MORE MOBILITY ASSISTANCE: Mobility, the government sponsored supplier of vehicles to disabled people receiving the middle and higher rate of mobility, have announced its widest range of cars and services. The biggest change is the additional choice for those who need specialised vehicles or adaptations for their cars. These changes were introduced on October 1 2006 and provide lower prices for those with greater levels of disability. These changes are long over due if we may say so. Customers of Mobility will also be offered some adaptations at no extra cost in the current price guides. Power hoists and swivel chairs are also being offered but we suggest that you shop around for these adaptations as the prices being quoted by Mobility are, in our opinion on the high side. In 2007, Mobility will be offering further support to customers such as access to independent assessments and familiarisation lessons.

We would like to remind those considering using Mobility for their means of transport, that all of the requested ‘deposit’ money will be lost after the hire period of three or five years expires. However, not all Motability vehicles require a deposit but those that do, can reach upwards to £5000 for larger vehicles in some cases such as 4 x 4’s all of which will be completely lost at the end of the agreement. The current vogue of vehicle suppliers is to make trunk measurements smaller than they were before and hoist installers are finding difficulties in fitting such equipment to fit into the trunks of ‘normal’ vehicles due to manufactures redesigning. Such is the case for the Renault Scenic, the new style model is not acceptable for the majority of power lifts.

There is a lot to be said for the Mobility scheme for those requiring a vehicle without adaptation and hoists. Such people could enjoy totally free motoring other than the fuel they place in the tank but the more disabled should consider carefully between the Mobility Scheme or using their DVL mobility allowance to purchase their own vehicle that suits their requirements bearing in mind any large deposits which may eventually be lost. Vehicles purchased privately will always hold a sufficient residue value to able the owner to purchase a new vehicle without the need of finding another deposit. [File]

[18] CALL FOR FREE PRESCRIPTION CHARGES: Scottish campaigners are calling for free prescriptions for all people claiming Incapacity Benefit. You will be aware that in England, Incapacity Benefit is short lived following the Welfare Reforms now reaching its climax. Less than a third of claimants for IB in Scotland have free medication the rest have to pay.

The Scottish Executive are reviewing prescription charges for people on low incomes, people in education and training and people suffering from chronic medical conditions. For more information log onto www.cas.org.uk and look for ‘Paying the Price’.

[19] NEW ACCESS LAW MEANS EASIER ACCESS: As from August 10 2006, all new planning applications from developers for most major applications and listed buildings, must include ‘access statements’ which should cut the number of inaccessible new buildings. Surely the DDA 1995 says that all new buildings must be fully accessible and super-seeds this new requirement, so why the need for more legislation? Do not architects, builders and draughtsman know about the Disability Discrimination Act which has been around since 1995?

The ‘access statements’ Information should include how they have thought through how disabled people will be able to travel to and from the building and use the buildings and places they wish to build. This major development means that all access points can be considered and planned and designed prior to actually building the complex.

There are still large establishments from shops, departmental stores, hotels, to restaurants, etc. that are still ‘no go areas’ for many disabled people. Both the Disability Rights Commission and the National Register of Access Consultants highly approve these new requirements.

[20] PLEA TO EXTEND DLA FOR BLIND PEOPLE: It has been revealed that partially sighted and blind people are being denied work and leisure opportunities because they are not entitled to the higher rate of mobility component of the Disability Living Allowance although they claim the lower rates of the benefit.

The RNIB have indicated that 43,000 blind and partially sighted people could benefit from an additional £27 a week if the requirements of the receipt of DLA was extended.

So far the Department of Works and Pensions [DWP] have no plans to extend the higher rate of benefit which is normally restricted to those who have difficulty in walking and are likely to incur higher extra costs for their mobility. Log onto www.rnib.org.uk and look for the report entitled ‘Taken for a Ride’

[21] 2003 AIR CODE NOT WORKING: Calls are being made for air travel to be brought under the United Kingdoms Disability Discrimination Acts following many complaints concerning damage to wheelchairs whilst in the hands of airport authorities and airlines. Those calling for these changes appear not to realise that the DDA is only enforceable in the UK and that once into the air, the DDA can virtually be forgotten although some other European Union countries do have some legislation for the protection of disabled people, some do not, but none compare with the DDA. Law and Benefit Review has covered this problem in previous editions which we recommend reading again. Throughout the world, only 47 countries have any kind of legislation which solely benefits disabled people and airlines fly to 197 countries!

One of the very first matters to be established when ‘damage’ is incurred is where did the damage actually occur which is virtually impossible, unless the loser is extremely lucky, bearing in mind how many ‘hands’ the wheelchair passes through on a return aircraft journey. Checking staff, baggage handlers, aircraft loaders, luggage trolley drivers, etc. How could anybody say who caused any damage.

The EU have just approved new legislation and rules which is due to come into force in 2008 covering, among other matters, this very subject, which if accepted by the UK government, will make matters a lot better for claimants with all airlines and airports singing from the same hymn book. We feel that it unlikely that the UK government will propose any new legislation of their own to combat damage to wheelchairs whilst in the hands of airlines/airports with the DDA 1995 being in existence which should cover problems at UK airports and the EU new legislation coming into force in 2008 which will be more forceful that the DDA and cover all EU countries unlike the DDA.

As part of the new security regulations in the UK that came into force in August 2006, all personal wheelchairs will be taken from wheelchair travellers at airports when checking in and an alternative means of reaching the aircraft provided by the airport. Users are reminded not to leave medication, personal items or mobile phones anywhere on the wheelchair when handing it over as it may well be the last you see of them.

[22] UK NATIONAL LOTTERY: If you have received an email confirming that you are a WINNER well its odds on that you are not and the email from nationallottou90@aol.com is more than likely a scam. The email c.b.d_uk@hotmailcom also appears on the possibly scam and the telephone numbers +447011129052 and +447011130298 also appear along with fax number 08704902149. There is also a UK address in Newcastle upon Tyne, NE6 1HX.

Under no circumstances contact the UK National Lottery either by telephone, email, fax or letter and under NO CIRCUMSTANCES complete the second half of the possible scam email which asks for personal and confidential information. The genuine National Lottery never ever asks of their winners for such personal and confidential information - see their website below for full information on scams. Winning emails as described here, are being received by people who have never purchased a lottery ticket of any kind in their lives and one can only win a lottery prize after first having purchased a lottery ticket. Clue?

The National Lottery, operated by Camelot is the UK’s official national lottery scheme from where you may purchase tickets from stores and post office can be contacted on www.national-lottery.co.uk where a host of information appears on their home page concerning false and scam emails declaring winners. Compare the information with the ‘scam’ and it will no doubt easily be proved a ‘scam’.

Camelot has its head office in Watford WD18 9RN telephone 01923 425000 and other offices in Belfast, Cardiff, Glasgow and Liverpool, NOT Newcastle upon Tyne so contact them about your alleged winnings to confirm one way or another.

Please do not just take our word that your particular ‘winning’ email is a scam, it might not be, but check for yourself as we have suggested by contacting the genuine Camelot National Lottery and see for your selves. If it is any help, ‘Disability Matters’ has ‘won’ £2,000000 in two weeks - fat chance.

[23] BANK SCAMS: The Cirencester, Gloucestershire area and we suspect everywhere too, large food stores and the banks themselves are continuing to be plagued with ‘skimming’ device’s which are attached to outside cash point machines. The device takes information from cards which is then used to take money from other users accounts. This is a very prevalent crime so look at your bank statements regularly and report any unusual withdrawals to the bank and if necessary the police by calling crime stoppers on 0845 090 1234 in the County of Gloucestershire. Banks normally refund all money misappropriated in this manner if you have not breached your obligations to the bank, but take care when using your cards to withdraw cash to see if anybody is hanging about near to the machine, if so report it. CCTV cameras are often focused on cash points but not all of them.

Yet another security problem in supermarkets and elsewhere is the theft of purses, credit and store cards, cash and wallets from open handbags. Many such incidents are being reported so please keep your handbags closed and in sight and do not leave them in trolleys unattended.

[24] IDENTITY FRAUD: Finally, Identity thieves are now infiltrating call centres in the UK as employees as well as India risking thousands of call centre customers security arrangements and who are being subjected to the loss of confidential and personal information to be used against them. The ‘crooks’ have tapped into the call centres used by banks, insurers, shops, catalogue companies, etc. by staff being planted into the call centres and the information obtained used to steal money from bank accounts and credit cards. What we can do about this is precious little at the moment, until the use of the call centres is stopped and we return to speaking directly to bank, insurance company’s, shops, etc. own staff in the UK.

[25] FLEXIBLE WORKING FOR 2.6 MILLION: The government has announced which carers will benefit from new rights to flexible working. All carers of a partner or relative or anyone who lives with them will be entitled to make a request from April 2007 when the Work and Families Act becomes law.

TRAVEL ROUND UP

AIRLINE HAND-LUGGAGE CHANGES: The size of hand-luggage allowed inside the cabin area of aircraft has risen to 22”x 18” x 10” from 18“ x 14“ x 6“, just enough space for a lap top. Only one item of luggage allowed so ladies handbags are still taboo. The ban on all but essential liquids still continues in part with only 100 ml bottles sufficient enough to fill a small transparent plastic bag being permitted on board. No 75 litre or 1 litre bottles of duty free drink any more. These new rules are set to be permanent as a UK common standard, as previous hand luggage hand sizes varied from airline to airline causing constant confusion to passengers particularly those who travel ‘out’ on one carrier and ‘return’ on another. The ban on musical instruments has been lifted but they will be screened and advance notice given to the airline/airport. before travel. For updates as they occur, log onto www.baa.com or www.dft.gov.uk or the airline you are travelling with before you leave and before you return as changes could be introduced at any time.

LIQUID LUGGAGE CHANGES: As from Monday November 6 2006, further changes have been made to the type and amount of liquid hand luggage permitted into a aircraft cabin. Although still not the same as before the emergencies, some bottled liquids in 100 ml bottles may be taken on board but in a clear transparent bag. Still no duty free bottles except if you by miniatures and still no handbags! For full details log onto www.baa.com or the airline you are travelling with.

The European Union is still working on an overall EU regulation governing all air lines insofar as weight, size and type of luggage is concerned which is due to be introduced sometime during 2007. [travel]

RYAN AIR FINES: Ryan Air have now commenced fining passengers for carrying on board ‘excess’ luggage after they slashed their luggage weight last month as we reported. The ’fine’ amounts to £100 according to the press which surely must be for in excess of the fare? The weight of on board luggage Ryan air aircraft is now only 15 kg. per person. Full details of the new Ryan air policy can be found in article 14 of the November 2006 LBR. Yet again Ryan air is being criticised by passenger groups and 4000 passengers voted them the worlds worse airline according to a Daily Mail article. Delays, unfriendly staff, uncomfortable seats and poor legroom were among the grips against the airline.

CHANGES TO PASSPORT FEES: FROM OCTOBER 5 2006, The former Passport Office, now known as the Identity and Passport Service, have raised UK passport fees to cover the cost of quality, security and integrity for the passport service to remain of the highest international standard with face to face interviews for first time applicants and enhanced back-ground checks. New passports are now being issued with a biometric ’chip’ located on the information page at the back of the passport which has your photograph included in it and apparently enhance’s security to a higher degree but not enough to satisfy the US Government who are thinking about re-introducing visas to travel to the USA next year - see article 24 in the November 2006 issue. New charges for a basic service for adult passports are now £66.00 and children £45.00. Other charges for a guaranteed week around return service are £91.00 and £80. and same day service is £108.00 and £93.00.

In addition to the recent changes in new UK passports such as the introduction of a ‘chip‘ from sometime in 2009, all new passports will contain the holders fingerprints. [Gen]

MOTORING NEWS

[A] MOTORWAYS/AUTO-STRADERS/AUTO-BAHNS: are to be jointly owned. The European Commission have approved the mergers with the new company being known as ‘New Abertis’ and will be based in Barcelona. ‘Abertis’ who operates toll motorways in the Italy, Portugal, Argentina, Puerto Rico, Chile Colombia and the UK have joined up with its Italian counterpart ‘Autostrade‘. Abertis also owns the British airports operator TBI. Spain is also buying up UK airports. [travel]

[B] TRAFFIC CALMING SCHEMES - PUTTING THE VISUALLY IMPAIRED IN PERIL: Many disabled people suffering from eyesight impairments are increasingly at risk because of new traffic calming pedestrian schemes which make no distinction between the road and pavement areas. A lack of drop-kerbs and pedestrian traffic light controlled crossings means that those with impaired eye-sight may walk out into moving traffic. The visually impaired must be incorporated in such schemes to prevent accidents. Kerb lines and tack-tile paving are all signs that guide dogs look for when helping their handlers to cross the road. Colour also is becoming a problem with the road and pavement areas being identical. Guide dog owners are also concerned say the Guide Dog Association. Having said this, many towns and cities have vastly improved crossing points with drop kerbs and tack-tiled paving.

[C] DRIVE BY BLACK BOX: The Norwich Union insurance company have introduced a new voluntary insurance scheme whereby drivers pay only for the use of their vehicle on the road. Driving during congestion periods, peak times, on motorways and country roads will cost more than driving ‘off’ congestion or peak times. £1 per mile for ‘heavy periods’ and £00.01 for ‘light’ periods. A small ‘black box’ would be fitted into the vehicle at the cost to the driver which will measure distance, speed, how fast corners are taken, etc. to build up a picture on how the driver is actually driving which will affect the insurance payment.

Fears are however, that this is just a commencement of ‘big brother’ with information being passed to government sources for the congestion charging in the future although everybody denies this. Only Norwich Union have come up with this idea so far and you can log onto their website www.norwichunion.com to ascertain if this new system will benefit you or not. The scheme suggests that you will not pay insurance for the time that the car is not being driven on a road but surely the ‘cover’ will still be operative for the vehicle left on a road, driveway or garage in case of theft or vandalism. How is this calculated?

Frankly, the writer is sceptical of this scheme as the writers personal experience have found that Norwich Union are just about the cheapest insurance company around at the moment and cannot possibly see if having a ‘black box’ will reduce their premiums already being quoted any further. If you take up this scheme along with any compulsory congestion charges in the future then your will be surrounded by black boxes!!

[F] GUIDE DOGS REFUSED: In the November 2006 issue, we reported that some Muslim cab drivers are refusing to carry guide dogs due to religious objections as dogs are ’in pure’ or ’unclean’. Four of the drivers have already been fined in court. Perhaps now some action may be taken against the bus drivers who refuse or say that they are untrained in the use of access maps for disabled wheelchair passengers. We are now hearing monthly reports of access ramps not being provided even when the buses have them, why are bus drivers not being prosecuted?

If you ever suffer this abuse, take the drivers Public Service Vehicle badge number which he must wear clearly and visibly on his/her uniform, the name of the bus operator, route number and location of the incident and report the matter to the police and the owner of the bus company.

[G] TWO YEARS AWAY: Sunday afternoon - fed up, don’t know what to do, bored, then go for a drive in London to see what awaits you. You could drive around the North Circular Road in either direction on New Years Day for 50 miles which will cost you £5.99 plus VAT, plus fuel and wear and tear on the vehicle. OR one complete circular tour of the M5 again in either direction on any Sunday before May 1 2007 and it will cost you £25.00 plus VAT plus fuel etc. AND for £17.00 plus VAT you could drive down Park Lane on Boxing Day and drive around Hyde Park as many times as you like but of course you will pay another £17. to drive back up Park Lane. All this is of course due to the increased Congestion Charges proposed for London in the near future.

[H] TOWING CARS AWAY COULD BE A BREACH OF HUMAN RIGHTS: The removal of a vehicle by the UK police, local authority or a clamping firm could infringe the drivers human rights. This announcement by MPs’ stems from the rights of a persons to enjoy their property. [Section 7 of the Human Rights Act]

[I] LONDON CONGESTION CHARGES INCREASE: Mr Ken Livingston is once again on his high horse about CO2 emissions from cars in central London, so from 2009 charges for the higher emission vehicles will be charged at £25.00 per day to travel through the congestion charge zone whilst some lower emissions will be free. If he thinks this ‘targeting’ of vehicles such 4.8 Range Rovers, American Jeeps, etc. will put off drivers by these charges then he can think again. It may deter housewife’s and mothers on school runs from using their 4 x 4’s but nobody else. Compared with charges made by railway companies for parking at railway stations and rail fares during the peak period of travelling to and from London, then Livingston’s extortionate charging is nothing more than a money making effort for the council he controls.

It would appear that Livingston and others do not appreciate that many disabled wheelchairs users chose 4 x 4 vehicles because they can easily contain powered scooters or wheelchairs and the electrical hoists. In the last two years, many vehicles such a Renault Scenic that could once accommodate this equipment can no longer do so because the manufactures have reduced the depth and width of the boot opening. What I we supposed to do, stay home because of the government and Livingston actions?

The London Congestion Charge is also expanding westwards much to the annoyance of residents in the London Borough’s affected by this and additionally, local authorities are jumping on the band wagon and introducing residents parking permits based on the vehicle’s CO2 emissions.
Many of you will know that genuine holders of a Blue Badge may apply for an exemption to paying the congestion charge. The completion of a form and the payment of £10.00 registration charge is required but you cannot drive without paying the congestion charge until you receive notification from the Transport of London office. Contact www.cclondon.com for full details and download the application form.

Happy Motoring mon amie .

EURO NEWS

ACCESS TO RAILWAYS IN THE EUROPEAN UNION: Representation has been involved in the follow-up work undertaken by the European Union [EU] since the adoption of the package of EU Directives on Rail which includes specific requirements on access for persons with disabilities. Disabled groups presented there position at a Hearing on rail passenger services organised by the European Commission and responded to a questionnaire on this subject as part of the European Commission consultation process calling for implementation of the results COST 335 study on "passengers' accessibility of heavy rail systems".

The European Disability Forum [ED] has met with the European Association for Railway Interoperability [AEIF], the joint representative body of infrastructure managers, rail companies and rail industry. EDF will now be responding to the European Commission proposals on an integrated European railway area which sets out the plans of the European Commission to progress its work in the field.

COMMISSION PROPOSAL FOR A REGULATION ON RAIL PASSENGER RIGHTS: In August 2004, EDF issued a thorough response to the Commission proposal for a Regulation on International Rail Passengers' Rights and Obligations (COM (2004) 143). The proposed Regulation is subject to co-decision procedures and is currently before the European Parliament's Transport and Tourism Committee where 39 (of 250) amendments relating to disability have been tabled by MEPs. These amendments pick up many of EDF's recommendations to ensure that the Regulation will address accessibility to rail comprehensively throughout the Regulation and integrate issues of accessibility throughout, and ensure prohibit discrimination towards people with disabilities in rail travel, and comprehensively require the provision of accessible rolling stock, accessible infrastructure, accessible information and the appropriate assistance. A vote in Committee on these amendments will take place in March 2005.

The proposed Regulation on Rail Passengers rights is also before a European Council Working Group on Transport chaired by Ms Josiane Pauly of Luxembourg. Contact has also been made with the Luxembourg Presidency and it is hoped that meetings will take place in February 2007 before the next Council Working Group on Transport. The Luxembourg Presidency hopes to debate the Regulation in the Transport, Telecommunications and Energy Council in April with adoption in Council foreseen for June 2005. This of course depends on the timing and outcome in the Parliament's Plenary vote, which will likely take place in April 2005. The result, as in the UK, with the government delaying full
accessibility to trains, stations and infrastructure, is still awaited.

EUROPEAN FUNDING: The European Disability Forum have campaigned for two years to ensure that disabled people benefit from a budget 307 billion euros being placed in the European Structural Funds [ESF]. Any funding obtained will be spent on matters that respect the principle of non-discrimination on the grounds of disability. These two requirements will significantly change the face of Europeans cities, public buildings and transport systems.

WESTMINSTER NEWS

Safeguarding Vulnerable Groups Act 2006: This Act passed on November 8 2006 intends to respond to the recommendations of the Bichard enquiry with proposals, among others, to set up a central data base of offenders which will have to be checked before anyone may employ another person to work with children and vulnerable adults.

OTHER BILLS PASSING THROUGH PARLIAMENT

Attendance Allowance and Disability Living Allowance Bill, Council Tax Benefit [Pensioners Entitlement] Bill, Council Tax [New Valuation List for England Bill, Disabled Children’s Assessment & Services Bill, Disabled Persons [Independent Living] Bill, Identification and Support of Carers [Primary Health Care] Bill, Pensions Bill, Welfare reform Bill, Concessionary Bus Travel Bill and Local Government Bill.

We will endeavour to keep track of these Bills and if passed to become an Act of Parliament elaborate upon them in future issues of the Law and Benefit Review. We will also update the lists month by month.

DISCLAIMER
December 1 2006

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Our rights also extend to the registration and use of the names of the ‘Law and Benefit Review’ and ‘Law & Benefit Review’ and ‘Disability Matters’ all of which are lawfully registered as indicated on our home page along with the usage of the email addresses disability.matters@yahoo.co.uk and lawandbenefitreview@yahoo.co.uk

See you all in the New Year, have a good one.