Newsletter

Today, http://BenefitsandWork.co.uk published their latest newsletter. It details worrying changes to qualification guidelines for the Employment and Support Allowance (ESA).  This website provides a wealth of free information to both members and non-members.

In addition to basic site access, http://BenefitsandWork.co.uk offer premium guides and full forum access to paid subscribers. If you are in the position of having to apply for DLA, Incapacity Benefit or ESA, their guides could be well worth the subscription fee.

Their newsletter is reproduced in full below.

We hadn’t intended to publish any newsletters in August, but the latest move by the coalition really does need an urgent response from you if you’re claiming incapacity benefit or employment and support allowance.

Back in April, when new labour was still in power, we warned that the secretary of state for work and pensions had approved plans to make the work capability assessment, the medical test for employment and support allowance, much harder to pass.  Our news was greeted with considerable scepticism on many forums and blogs, especially when we warned:

“The shock plans, for ‘simplifying’ the work capability assessment for employment and support allowance (ESA) include docking points from amputees who can lift and carry with their stumps. Claimants with speech problems who can write a sign saying, for example, ‘The office is on fire!’ will score no points for speech and deaf claimants who can read the sign will lose all their points for hearing.

“Meanwhile, for ‘health and safety reasons’ all points scored for problems with bending and kneeling are to be abolished and claimants who have difficulty walking can be assessed using imaginary wheelchairs.

“Claimants who have difficulty standing for any length of time will, under the plans, also have to show they have equal difficulty sitting, and vice versa, in order to score any points.  And no matter how bad their problems with standing and sitting, they will not score enough points to be awarded ESA.

“In addition, almost half of the 41 mental health descriptors for which points can be scored are being removed from the new ‘simpler’ test, greatly reducing the chances of being found incapable of work due to such things as poor memory, confusion, depression and anxiety.

“There are some improvements to the test under the plans, including exemptions for people likely to be starting chemotherapy and more mental health grounds for being admitted to the support group.  But the changes are overwhelmingly about pushing tens of thousands more people onto JSA.”

That’s what we warned back in April.  Well, those same new labour ‘simplifications’ have now been adopted by the coalition and the regulations have been put before the social security advisory committee (SSAC) for comment.  SSAC can make recommendations to the government about whether changes to the law should go ahead, but they cannot force the government to back down.

Very few ESA claimants will be left unaffected by these changes which will come into force on 28 March 2011, in time to disqualify thousands more incapacity benefits claimants transferring to ESA.

Members can read the detailed breakdown of the huge changes – even the walking descriptors have been abolished and replaced with descriptors relating to the ability to ‘mobilise’ – which we wrote back in April:

Even harsher new ESA medical approved (This article is members only)

Please note: there may have been some minor alterations to the proposed changes since that article was written – the SSAC document is almost 200 pages long and we haven’t had time to read it all, but any differences will be very minor.

WHAT YOU CAN DO ABOUT IT

In the end, if the government are determined to force these changes through in defiance of any advice they receive then can do so.  But that’s not a reason to fail to put forward your objections both to the way the WCA is currently working and to the proposed changes.

At the very least it will prove that there are thousands of people who are outraged by this increasingly cynical scapegoating of sick and disabled claimants and who are not afraid to speak out.

And there’s no doubt that some backbench LibDem MPs are becoming increasingly uncomfortable with the direction the coalition is taking in relation to benefits.  Your reasoned objections may give them the courage to finally challenge the millionaires club that is the current cabinet.

SSAC CONSULTATION

If you want to comment on the proposed changes to the WCA, then you need to contact SSAC.  You can read more about their consultation and download the draft regulations

or you can just send your opinions to this email address:

ssac@dwp.gsi.gov.uk

not later than 10 September.

INDEPENDENT REVIEW  OF THE WCA

When ESA was introduced, one of the few concessions forced on the government was that there should be an independent review of the work capability assessment every year for the first five years.  That review is now being conducted by Professor Malcolm Harrington.  He wants to hear from people who have evidence to offer about how well the work capability is working and how fair it is at the moment, regardless of any proposed changes.  You can read a lot more about the review.

or you can just send your views and experiences of the work capability assessment to Professor Harrington at this address:

wca.evidence@dwp.gsi.gov.uk

You need to send your evidence not later than 10 September and make it clear whether you are responding as an individual or as a representative of an organisation.  You might also want to comment on the cynicism of the government in making the test even harsher before the first report is even written.

MIND CONSULTATION

MIND are also planning to provide evidence to Professor Harrington’s review as part of an ongoing campaign to improve benefits for people with mental health conditions.  They are keen to hear from Benefits and Work newsletter readers who have a mental health condition.

Tom Pollard from Mind’s Policy and Campaigns team told us:

“We will be working hard over the coming months to bring about a fairer and more supportive system of disability benefits and back to work schemes for people mental health conditions.

“Benefits and Work plays a vital role in this process through the advice, information and assistance they provide to their members. Our work is greatly strengthened by real-life case studies and so it would be great if Benefits and Work readers can let us know about their experiences of the WCA (including the appeals process). Please get in touch at t.pollard@mind.org.uk or 02082152424. You can read more about our work on this issue and how you can get involved here”

The sooner you can contact Tom the better, as MIND will need time to gather your evidence and put it in their report.

We do think it’s a real tribute to the willingness of Benefits and Work members to respond to consultations and requests from journalists that you are now being approached by national charities for help in compiling reports.  So, many thanks to all of you who take the time and trouble to share your experiences.

FORUMS
Unfortunately it will be necessary to close the forums the end of this week until September due to illness and unavailability of moderators.  We can only apologise for this.  If there are existing members of the site with experience of giving information and advice about benefits who would be interested in lending a hand, please do get in touch.

FINALLY
We know a lot of people are very concerned about the prospect of ‘bounty hunters’ being let loose on claimants, as  reported in the national press.  We hope to be able to bring you some accurate information in the very near future about what’s really going to happen.

This newsletter is also available online.

http://www.benefitsandwork.co.uk/news/latest-news/1238-16-august-newsletter

Good luck,

Steve Donnison

(c) 2010 Steve Donnison. Benefits and Work Publishing Ltd.  Company registration No.  5962666

You are welcome to reproduce this newsletter on your website or blog, provided you do so in full.

Openness Statement

I am not affiliated to http://BenefitsAndWork.co.uk and the links on this page are direct, not affiliate links. I am not currently a paid member of the site.

Follow DisabledPeople.org on Facebook: http://jfi.me/DPFB

I received an email earlier from the Bladder and Bowel Foundation asking me to point out that they now ask for a £5 donation to help cover the costs of the “Just Can’t Wait” Card.  Apparently they have been swamped by demand recently and their limited funds are struggling to keep up.

It really doesn’t seem a lot for such a valuable and unique resource.  I first mentioned the card in this post.  If you want more information, take a look at the Just Can’t Wait Toilet Card page on the Bladder and Bowel Foundation website.

Blue Badge Scheme

This is the second article about the Blue Badge Parking Scheme for Disabled People.  The first article dealt with the process of applying for a Parking Card and can be found here:

• http://disabledpeople.org/essentials/can-i-get-a-blue-badge/

In this article, we will look more at the ways the card can be used.

How To Display Your Badge

No matter where you live in the United Kingdom, the design of the Disabled Persons Parking Card is the same (except the Welsh version has some Welsh language on it).

The Front of the card has:

• The Blue “Wheelchair” Symbol
• The UK “EU” Symbol
• Card Expiry Date
• Name of Issuing Body
• Serial Number of the card

The Back of the card has:

• The Card Holder’s Personal Details
• Forename
• Surname
• Signature
• Photograph

It is very important that the card can be clearly seen through the windscreen of the vehicle, FRONT side up.  If you can see your Photo, it’s the WRONG way up.

There are loads of reports all the time of Jobs-worth people getting stroppy about this and refusing to drop fines because of an honest mistake.  Don’t take the chance, get it right!

In ENGLAND and WALES, you MAY need a time clock to go with your badge.  These are not necessary in Scotland but if you are a Scot travelling South, make sure you have one with you.

Parking Concessions

The Blue Badge Scheme in the UK allows holders a series of parking concessions relating to On Street Parking.  This means that a holder can park without paying and for as long as they need where spaces are controlled by parking meters or on street pay and display.  This is providing there aren’t any local regulations in place.  This applies to Scotland, England and Wales.

Badge Holders can also park on single and double yellow lines provided there are no loading restrictions and they are not causing an obstruction.  Here though the rules differ depending on where you are.  In ENGLAND and WALES you are limited to three hours but in SCOTLAND there is no time limit.  In LONDON there are areas where the Blue Badge is not valid at all.

Red lines generally mean that vehicles are not allowed to stop.  A Blue Badge holder can stop to load but is not allowed to park.

The final concession for On-Street parking refers to time limits.  There are a lot of regional and local variations here but in the main, you should be able to ignore any time restrictions placed on free, on street parking spaces.

Off Street Parking

At the moment there Blue Badge does not automatically entitle the holder to any off street concessions.  That said, there are many example of both local authorities and private companies using the Blue Badge Scheme to give concessions to their customers.  Restrictions and concessions vary, so notice should be taken of any signs.

It is also worth noting that there are rules in place that stop vehicles displaying Blue Badges from being towed or clamped.

Other Concessions

As well as parking concessions, the Blue Badge can also entitle the holder to a series of other concessions.  This includes bridge tolls and ferry fares.  Sometimes these concessions need a bit of forward planning like the exemption from the central London congestion charge.  These need to be applied for in advance.

Comment

If you qualify for a badge you should be sent a booklet with your badge outlining it’s use.  This is easy to read and tells you all you need to know.  It’s fairly easy to get the hang of the restrictions and concessions in your home area but it’s always worth a check if you’re travelling a little further from home, especially if you are travelling into central London or crossing the England/Scotland  border.

Remember that the card is for the use of the card holder only.  A traffic warden has the right to inspect the card at any time and it can be taken away if you aren’t using it correctly.

Links

• Welsh Assembly Information about the Blue Badge Scheme
• Scottish Government Information about Blue Badges
• Blue Badge Information for Disabled People in Northern Ireland
• Blue Badge Information on Direct.gov

Disabled People Cost More!

Access to Work is a Government funded scheme to help you and your employer if your health condition or disability effect the way you do your job.  There are a number of ways that Access to Work can help.  For example:

• Someone that acquires a disability may need equipment to help them back into the work place.
• Help with the cost of transport if you need to travel as part of your job but can no longer drive.
• Building work could be funded if you now need wheelchair access.
• A support worker could be provided to assist with parts of your job you cannot do.

In essence, if it will cost more to employ you because there are costs resulting from your disability, then Access to Work may be able to help.

Do I Qualify?

There are two parts to qualification:

1. You must have a disability that stops you being able to do part of your job (The disability should effect you for at least 12 months).
2. You must either have a paid job, be about to start a paid job or be self employed.

If you meet these criteria, you should phone an “Access to Work Contact Centre” and discuss the matter further.  They can then advise whether you qualify and what help could be available.

What Happens Next?

You need to complete an application form.  For this, you need to know what it is you need!  It may be necessary to take advice on this, maybe Occupational Health or a local Disability Living Centre.

Once it has been agreed what it is you need, Access to Work will negotiate funding with your employer.  When that has been agreed, your employer is expected to supply the resources and claim back funding from Access to Work.

Personal Experience

I have received help from Access to Work twice.  The first time, I had been redeployed and my Occupational Health Nurse asked if I had asked Access to Work for a Workplace Assessment.  I hadn’t, so I phoned and was told that I would qualify.  They completed the application form over the phone and then sent it out for me to sign.  I was told that someone would be in touch once they got the form back.

Within a couple of weeks, I had been visited by an Occupational Therapist and received a copy of her report.  She said I needed:

• A new desk because the one I had was not high enough (They said that leg raisers could be used but the desk I had was not suitable).
• A new chair and they specified which chair (a very expensive one!).
• A writing slope.

Within another couple of weeks, everything had arrived and Access to Work were back on the phone to check that I was happy.

The second time was a little different.  I had started using a wheelchair but needed something quite specific to use all day at work.  This time I knew what I wanted but didn’t know if it existed.

With help from Occupational Health and the Edinburgh Disability Living Centre, we found a wheelchair that could recline and put me in the position I needed to be in.  I then phoned Access to Work with the specific details of what I wanted.

This time the application needed to be backed up with information from my advisors (Occupational Health) explaining why I needed this particular piece of kit.

Once the application was approved, the same procedure kicked in and Access to Work agreed funding with my employer etc.  The chair was ordered and I waited about a month for delivery.

A Little Known Resource

My local management knew nothing of Access to Work and I noticed a big difference in their attitude when they found out about it.  I would be sure to let an employer know as soon as possible that Access to Work exists and is there to offset the (potentially) higher cost of employing a disabled person.  If you think there is event the slightest chance of discrimination, let employers know that they may not be expected to meet these costs.

• If you are a new employee (less than 6 weeks) Access to Work will pay 100% of the costs.
• If you are an existing employee, Access to Work will pay a proportion of the costs.
• Access to Work can even help with Interviews.

Further Reading

This article only scratches the surface.  For more details, check out these links:

Direct.gov.uk – Access to Work

Access to Work Contact Centres

Find Your Local Job Centre Plus

Assist UK – Disability Living Centres

Cars For Disabled People

Motability is a UK charity set up to help Disabled People keep mobile.  The main scheme that they operate allows DLA – High Rate Mobility Allowance recipients to swap their allowance for a new car.

The scheme works by taking your DLA (High Rate Mobility) and using it to pay the contract payments of the car that you choose.  If your allowance is not enough to meet the cost of the contract, then Motability charges you an “Advance Payment” to make up the shortfall.  Although it is possible to get a car with no advance payment, most of the cars on offer do involve some level of extra payment.

What’s Included

• A new car of your choice every three years
• Road Fund Licence (Car Tax) is included and arranged for you
• Servicing and Maintenance is included
• Tyres are included and changed free of charge at your home (or wherever you choose)
• Full UK Breakdown Cover
• Insurance is included (although some cars may have restrictions)

Not Covered:

• Petrol/Diesel
• Other consumables – oil, screenwash etc.

Do I Qualify?

To qualify for any vehicle through Motability you must be in receipt of the Mobility Component of Disability Living Allowance at the Higher Rate.  You must have at least 12 months of award remaining when you start on the scheme.

Do I Need To Drive?

No.  You can nominate two drivers one of which can be you but doesn’t have to be.  The rules say that the car has to be used for your benefit but you don’t always have to be in the vehicle when it is used.

What Else Does Motability Offer?

In addition to the main Contract Hire Scheme for Cars, Motability also offers a Hire Purchase Scheme for Cars (essentially a loan scheme).

You can also use Motability to purchase a Motorised Wheelchair or Scooter.  In a similar way to the Car Schemes, there is a Contract Hire or Hire Purchase Scheme.

More Information?

Visit the Motability website at:  http://www.motability.co.uk

Staying With Toilets

While we’re on the subject of toilets, there are times when it’s difficult for anyone to wait but this can be a major problem if you have a bowel or bladder problem.

Whilst the RADAR scheme aims to make sure that toilets are available and usable for those that need them, there are plenty of places where there just aren’t the facilities.  Sometimes it’s possible to ask for the use of a toilet, in a shop or somewhere.  I know that I’ve done this with the kids and often received a friendly response.

For an adult though, it’s not so easy and often very embarrassing.  It’s not easy to ask, it’s worse having to explain why and in many cases there just isn’t the time.

Just Can’t Wait Card

In an effort to help those afflicted with bowel and/or bladder problems and who may need to use a toilet in a hurry, the Bladder and Bowel Foundation offer the “Just Can’t Wait” toilet card.

The idea is that you can discretely hand over the card.  It explains that the holder has a medical condition that requires the urgent use of a toilet.  Hopefully this will help you get the use of the facilities you need when you need them.

The Bladder and Bowel Foundation point out that the card does not guarantee access to a toilet, most places will do what they can to help.  They offer the card for free, just email them.  You’ll get the email link and a little more information on their dedicated web page here.

What’s Your Experience?

Have you used or been given one of these cards?  How useful or effective do you think they are?  Would you try to help if an otherwise healthy looking person presented you with a card like this one?  Let us know your views in the comments!

EDIT: 14/05/2010

Due to recent TV publicity, the Bladder and Bowel Foundation have been swamped with requests for their card.  Unfortunately this has stretched their resources so they are now forced to request a minimum £5 donation towards covering the cost of issuing cards.

The Royal Association for Disability Rights

RADAR is a national network of disability organisations and disabled people.  In the main their members are other disability organisations although you can join as an individual.  They campaign for the rights of all disabled people and have lobbying access to Westminster and Whitehall.  They support the campaigns of their member organisations as well as creating their own.  They currently advertise a membership of over 800 disability organisations representing over 11 million disabled people in the UK.

What Can They Do For Me?

RADAR frequently pop up in the news but they are probably best known for their toilets!  RADAR administrate the National Key Scheme (NKS).  This is the scheme that encourages the use of a common key for all publicly available disabled toilets.  They provide the locks to anyone wishing to fit them and they sell keys to disabled people wanting to use the toilets.  In addition to this, they produce a regularly updated guide to all disabled toilets in the country with RADAR locks fitted.

RADAR Key

As well as their keys, RADAR produce a number of publications that are of use to disabled people generally but specifically newly disabled people.

From personal experience, I must say that I found their guide “If Only I’d Known That A Year Ago…” extremely useful.  The guide is regularly updated (the current edition is 2009) and includes a lot of useful information and contact details.  Bought individually, it costs £12.60 including UK delivery.

In addition to “If Only I’d Known That A Year Ago…” RADAR produces a number of other publications:

• Children First – Information on services for disabled children.
• There and Back – A guide to travelling by Air, Road, Rail and Sea.
• Get Motoring – A guide to buying and owning a car.
• Get Mobile – A guide to buying a Scooter or Motorised Wheelchair.
• Get Caravanning – Produced with help from the Caravan Club, this is a FREE guide to caravanning from a disabled person’s perspective.
• Doing IT Differently – About Computers and IT.
• Doing Money Differently – Managing money while living with ill-health, injury or disability.
• Doing Work Differently – Getting and keeping a job whilst living with ill-health, injury or disability.

Individual Membership

RADAR publications and keys are available from the shop section on their website.  If you want in a key and one or more of their publications, it is worth considering their Individual Membership.  They give a key to all their members and make their publications available free of charge, you just have to ask for them.

Where To Find RADAR

• Homepage:   http://www.radar.org.uk
• Shop:   http://radar-shop.org.uk

Zero Rate VAT

In very simple terms, if you are disabled or chronically sick, you do not have to pay VAT on anything you buy that is specifically designed to help you with you disability or anything that is adapted so that you can use it.  This also includes services you pay for to help with your disability and could include things like building work to adapt your home.

For this level of VAT relief you need to have either a long term, physical or mental condition that severely effects your ability to carry out everyday activities, a chronic sickness or be terminally ill.

Cars and Motor Vehicles

Image by jam_90s via Flickr

It is also possible to buy a car or other motor vehicle at Zero Rate VAT.  In this case though, the rules are more strict.

To be eligible, you have use a stretcher or need a wheelchair to be mobile.  Please note that, at the moment, this does not include people who use an invalid buggy or scooter.  However, someone who has a degenerative condition and doesn’t use a wheelchair all the time may still qualify.

In addition to the above, the vehicle being bought must have a ‘substantial and permanent adaptation’.  This is where the rules get a little sketchy because an adaptation might be substantial to one person who could not use the vehicle without it but inconsequential to someone else.  However, I have found dealers are very accommodating and understanding.

Interestingly, if you by a vehicle free of VAT, the future maintenance of the vehicle is also free of VAT.

If you are looking for a new car, you should also consider the Motability Scheme.

Further Reference

Obviously I have only scratched the service.  For further reading, please try these websites:

• Direct Gov – VAT relief on products and services for Disabled People
• HM Revenues and Customs – Equipment and services for Disabled People might be free of VAT

Where Did You Get Help?

If you have bought products, services or vehicles VAT free, what was your experience?  Where did you get advice?  Is there a website that explained it all clearly?  Tell us in the comments!

Parking Concessions for People with Disabilities

The Blue (Disabled) Badge Scheme offers holders of the card some parking concessions.  Unfortunately though, the rules vary somewhat from area to area within the UK.  This can make the scheme unnecessarily difficult to understand.  The advice I have to hand is printed by the Scottish Government but should hold true in most areas.  Please check locally though!

Where Do I Get One and Do I Qualify?

Each Local Authority administers its own Blue Badges.  So the place to start is your local council.  It shouldn’t be too difficult to get in touch with them and request an application form.

At the moment, each card is issued at the discretion of the Local Authority where you live.  The only definite qualifiers are if you receive the Higher Rate of the Mobility Component of DLA or you receive a War Pensioners’ Mobility Supplement.  If you don’t receive either of these benefits then you will need to present evidence to your Local Authority according to their application process.  However, the Blue Badge Scheme is designed to help disabled people that:

• Have a permanent and substantial disability that makes it very difficult to walk or can’t walk at all.
• Have a temporary but substantial disability likely to last between 1 and 3 years that makes it very difficult to walk or stops them walking at all.
• Are registered blind
• Have a severe disability in both upper limbs, regularly drive but cannot turn the steering wheel of a vehicle by hand.

So if you think you qualify, apply to your Local Authority.

What About Disabled Children?

The scheme has been extended recently to allow parents or carers of disabled children to apply for a Blue Badge.  The guide I have from the Scottish Executive is quite prescriptive about what qualifies.  It says:

Children under 2 whose medical needs require that he or she is accompanied by bulky medical equipment which includes in particular any of the following:

1. Ventilators
2. Suction Pumps
3. Feed Pumps
4. Parenteral Equipment
5. Syringe Drivers
6. Oxygen Administration Equipment and
7. Continual Oxygen Saturation Equipment

It is not clear whether this list is designed to offer guidance or whether a child MUST need something on this list to qualify.  I would appreciate a comment that clears this point.  I believe that children aged three can apply for a badge in their own right.

My advice is ALWAYS ASK.  The worst they can say is no!

The Scottish advice booklet “The Blue Badge Scheme – Parking Concessions for People with Disabilities” can be found by clicking this line.

Can I Get DLA?

The best starting place for advice on Disability Living Allowance is probably back to Direct.Gov.UK.  It gives you all the basic information about how to get a form, the current rates etc.  However, the whole process is renowned for being stressful, unfriendly and occasionally unfair.  Bare this in mind and you’ll probably do OK!  Please be warned, sometimes it takes quite a while to get through the whole claims process.  They say that they try to get everything sorted in about 6 weeks.  That’s hoping!!  To be fair, they sometimes have to contact a range of professionals and it can take a while to get back all the reports, but they are always quick to pass the buck when criticised.

What Is DLA?

Disability Allowance is a non means tested benefit designed to help you pay for the extra costs of being disabled.  It is split into two distinct sections, Mobility and Care Components.

Mobility Component

There are two rates of the Mobility Component

Clipart FormThere are two rates of the Mobility Component.

• Low Rate is paid to people that have difficulty getting around because they might get lost, disorientated, confused or similar.  It doesn’t necessarily mean a physical difficulty walking.
• High Rate is paid to people that have a significant difficulty walking or cannot walk at all.  Sometimes aids are taken into consideration though, so not all amputees qualify for example.  Significantly, you need to get the High Rate to qualify for other mobility benefits and services like Motability.

Care Component

There are three rates of the Care Component.

• Low Rate, in very VERY simple terms, is for people that need help with care needs throughout the day.
• Middle Rate is for people that need help through the night.
• High Rate is for people that need help 24 hours a day (please forgive my incredibly simplified descriptions!).

How To Apply

If you want to apply, don’t worry too much about whether you definitely qualify or not.  APPLY NOW!!

My advice would be to phone for a form.  Call the Benefits Enquiry Line* on:

Telephone: 0800 88 22 00

Textphone: 0800 24 33 55

or using the RNID Typetalk service.

Phone because the form is dated on the day they receive your call.  If you download the form, it is dated when they receive the form (and you pay for the paper!).  If you phone, you can take your time filling it in and getting the right advice.  Otherwise it could cost you money.

Over To You

I intend to add a lot more about DLA to this website.  How to fill in the form and where to go for help and advice.  If you have tips though, add them here.  Please feel free to add sites, opinion and any resources you have found useful.

*The Benefit Enquiry Line is open 8.30 am to 6.30 pm Monday to Friday and 9.00 am to 1.00 pm Saturday.