Newspapers correct incapacity benefit claims after Full Fact complaint

Several newspapers, the Heil, Telegraph, and Sun, have, after much pressure, from Fullfact.com, finally admitted they ran erroneous articles relating to the numbers of IB claimants who failed the WCAs, and were thus deemed fit for work. The papers in question have agreed to print corrections.

Next stop the DWP. Much of the misreporting around the migration from IB to ESA or JSA via the WCAs was taken from DWP’s briefings. This in turn has led to lazy journalism. Newspapers appear to have forgotten what the role of a reporter is. It isn’t to take the word of an individual or government department.

No, such information should serve only as a source of information from which the reporter then goes and investigates. It’s called researching the story. In my trade union activities I get to talk to NUJ members. They are not happy with their colleagues in the Heil, Sun etc, nor indeed local newspapers, blithely returning copy that is little more than propaganda put out by government departments.

The media, including the press, is not there to serve governments. Quite the opposite in fact, they’re there to inform the public of, amongst other things, the excesses of government. Sadly too many of our newspapers are doing the governments bidding; acting as propaganda machines helping to drive forward draconian legislation.

CCTV Eyes

Look out for the camera

The government spy

Perched up high

The telltale eye.

Look out for the snitch

Whose curtain will twitch

As surreptitiously

And, viciously

They call the grass line.

Look out for the hack

From the Daily Heil

He’ll lie and dissemble

And, his copy

Won’t resemble

Your truth.

Look out for ATOS

Who may profess

To be fair

Yet will assess

You fit for work

Though you’re dying.

Look out for the MP

Who’s after your vote

He’ll promise

You heaven,

To float your boat;

For just one more term

The treacherous worm!

No Such Thing as a Lousy Job!

Funny thing work. Some would have it there’s no such thing as a bad job; especially if you’re a disabled person who feels worthless if not working. When someone tells you they feel suicidal because they can’t get work; and, by not working they consider themselves of less value to society than someone in employment, I begin to reconsider my views on lousy jobs.

Fortunately, the person of whom I’m speaking is receiving medical guidance for his condition – but sadly no prospects of work. Because, as a union rep I’m not qualified to deal with my members’ mental health issues – only offer an ear and signposts, where I can.

Disabled people who can work are all too often poorly qualified for ‘decent’ jobs. Some are failed by the education system; others who acquire disability in adulthood and later life find their previous qualifications and skills inadequate for the type of jobs are able now to tackle.

That disabled people are dependent on third parties to seek out their employment is of course problematic. The third party ‘job placer’, while needing to match work seekers to jobs with a degree of interest and security, still has a different motivation to the person seeking employment.

The ideal we must strive towards is that where the disabled job seekers chances of getting the job fall solely on their qualification to do the job. Once this is determined any exterior factors, such as reasonable adjustments should be considered. Sure, this is an aspiration; and like all aspirations will be subject to doubters and opponents; but, this doesn’t mean we shouldn’t press for a better future.

Job providers should be paid entirely by outcomes

http://www.peoplemanagement.co.uk/pm/articles/2011/05/report-urges-american-approach-to-welfare.htm

My ‘Google Alert’ usually throws up mundane stuff of no interest to me; so much so that recently I during a blitz on unwanted emails I almost ‘unsubscribed’ from this service – glad I didn’t.

The story it brought me today is interesting and, possibly, a positive for disabled people seeking employment. As many of us are aware the current programmes the government has put in place to assist disabled people into employment are not working.

Remploy’s Work Programme, for instance, operates a revolving door approach to placing disabled people into jobs. When Remploy boasts it has secured jobs for 6,500 people 2007/8, this doesn’t mean that they found gainful employment for 6,500 individuals; no, it means they achieved 6,500 placements. Some of the placements would involve the same person more than once.

A US scheme pioneered by ‘America Works’ has come up with a method that eliminates the Remploy double count system. While I’m sceptical of most employment related ideas that cross the pond; this one at least makes the ‘job provider’ work for their money.

Rather than the government paying a company like Remploy on performance, an upfront payment for finding somebody a job; the ‘America Works’ system is reliant on employment longevity. Whereas Remploy is paid the full amount even if the job seeker only lasts a few months, AW is paid in increments stepped from 30 to 180 weeks!

By today’s employment expectations a job that lasts for almost 3½ years is quite rare. Because the scheme has succeeded in the US doesn’t mean it will have a successful transition here; however, anything that is based on results rather than the in-out-in-out-in-out Remploy model of securing employment for disabled people is worth investigating.

PIP Fact Sheet: Courtesy of 'Disability Alliance'

Personal Independence Payment

This factsheet gives a basic introduction to the proposed personal independence payment (PIP). It is based on what we know so far and will be updated as we get more information.

You can find out detailed information about the current benefit system in Disability Alliance's Disability Rights Handbook, available to buy at www.disabilityalliance.org/drh36.htm

All our publications are available at www.disabilityalliance.org/shop.htm. You can also place an order by contacting Disability Alliance on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765. All our factsheets are available at www.disabilityalliance.org/fact.htm.

What is PIP?

The personal independence payment (PIP) replaces working age disability living allowance (DLA) from 2013-14.

Part 4 of the Welfare Reform Bill 2011 currently going through Parliament contains proposals to introduce PIP.

What are the rules?

To get the personal independence payment you must:

· be age 16-65

· satisfy the daily living and/or mobility activities test for 6 months prior to claiming and to be likely to continue to satisfy this test for a period of at least 6 months after claiming.

As yet there are no plans to extend PIP to children under 16 or claimants who are over 65. However migration from DLA may apply to these groups at a later date.

Draft regulations on the daily living and mobility activities test have now been published.

How much is PIP?

Personal Independence Payment will have two components:

· daily living component

· mobility component

Each component has two rates.

· daily living component standard rate – If the person’s ability to carry out daily living activities is limited by the person’s physical or mental condition; and the person meets the required period condition.

· daily living component enhanced rate – if the person’s ability to carry out daily living activities is severely limited by the person’s physical or mental condition; and the person meets the required period condition.

· mobility component standard rate – if the person is of or over the age prescribed for the purposes of this subsection; the person’s ability to carry out mobility activities is limited by the person’s physical or mental condition; and the person meets the required period condition.

· mobility component enhanced rate - if the person is of or over the age prescribed for the purposes of this subsection; the person’s ability to carry out mobility activities is severely limited by the person’s physical or mental condition; and the person meets the required period condition.

As yet the amounts for these rates have not been set.

People with a terminal illness (same definition as for DLA) will automatically receive the daily living component enhanced rate and will not have to satisfy the period condition for the mobility component.

People in care homes, hospitals or prison will not receive PIP.

The Activities tests

In order to qualify for any component of PIP you will have score points in relation to certain activities.

The activities for daily living are:

1. planning and buying food

2. preparing and cooking food

3. taking nutrition

4. managing medication and monitoring health conditions

5. managing prescribed treatment other than medication

6. washing, bathing and grooming

7. toileting and managing incontinence

8. dressing and undressing

9. communicating with others

The mobility activities are:

1. planning and following a journey

2. moving around

As yet we do not know the points awarded for each task within these activities or how many points are required to satisfy a particular component.

Daily Living Activities

1. Planning and buying food and drink.

a. Can plan and buy food and drink unaided.

b. Can buy food and drink only with continual prompting.

c. Can plan food and drink only with continual prompting.

d. Can plan food and drink only with continual assistance.

2. Preparing and cooking.

a. Can prepare and cook a simple meal unaided.

b. Can prepare and cook a simple meal only with the use of an aid or appliance.

c. Can prepare and cook a simple meal only with continual prompting.

d. Can cook a simple meal using a conventional cooker only with continual assistance.

e. Can prepare a simple meal for cooking only with continual assistance.

f. Can cook a simple meal using a microwave only with continual assistance.

g. Can prepare a simple snack only with continual assistance.

3. Taking nutrition.

a. Can take nutrition unaided.

b. Can take nutrition only with the use of an aid or appliance.

c. Can take nutrition only with the use of a therapeutic source.

d. Can take nutrition only with intermittent assistance or prompting.

e. Can take nutrition only with the use of a therapeutic source and with intermittent assistance.

f. Can take nutrition only with continual assistance.

4. Managing medication and monitoring health conditions.

a. Does not receive medication or need to monitor a health condition; or can manage medication and monitor a health condition unaided or with the use of an aid or appliance.

b. Less than once a day requires continual assistance or prompting to manage medication or monitor a health condition.

c. Once a day, requires continual assistance or prompting to manage medication or monitor a health condition.

d. Twice a day, requires continual assistance or prompting to manage medication or monitor a health condition.

e. At least three times a day, requires continual assistance or prompting to manage medication or monitor a health condition.

5. Managing prescribed therapies other than medication.

a. Either is not prescribed therapies or can manage prescribed therapies unaided or with the use of an aid or appliance.

b. Where prescribed therapies are required for up to 3.5 hours a week can manage only with intermittent assistance.

c. Where prescribed therapies are required for between 3.5 and 7 hours a week, can manage only with intermittent assistance.

d. Where prescribed therapies are required for between 7 and 14 hours a week, can manage only with intermittent assistance.

e. Where prescribed therapies are required for at least 14 hours a week, can manage only with intermittent assistance.

6. Washing, bathing and grooming.

a. Can wash, bathe and groom unaided.

b. Can bathe unaided but can groom only with the use of an aid or appliance.

c. Can bathe unaided but can groom only with continual assistance from another person.

d. Can wash unaided but can bathe only with the use of an aid or appliance.

e. Can wash unaided but can bathe only with continual prompting.

f. Can wash unaided but can bathe only with continual assistance.

g. Can wash, bathe and groom only with continual assistance.

7. Managing Toilet needs or incontinence.

a. Can manage toilet needs or incontinence unaided.

b. Can manage toilet needs or incontinence only with the use of an aid or appliance.

c. Can manage toilet needs only with continual assistance.

d. Can manage incontinence of either bladder or bowel only with continual assistance.

e. Can manage incontinence of both bladder and bowel only with continual assistance.

8. Dressing and undressing.

a. Can dress and undress unaided.

b. Can dress and undress only with the use of an aid or appliance.

c. Can dress and undress unaided but can only select clothing appropriate for the environment or dress in the correct order with intermittentprompting.

d. Can dress and undress lower body only with intermittent assistance.

e. Can dress and undress unaided but cannot determine appropriate circumstances for remaining clothed.

f. Can dress and undress upper body only with intermittent assistance.

g. Can dress and undress only with continual assistance.

9. Communicating with others.

a. Can communicate with others unaided.

b. Can communicate only with communication support.

c. Cannot, even with communication support, understand or convey a choice to an unfamiliar person.

d. Cannot engage socially with other people due to such engagement causing either-

(i) overwhelming psychological distress to the claimant; or

(ii) the claimant to exhibit uncontrollable episodes of behaviour that would result in substantial risk of significant distress to either the claimant or another person.

e. Cannot, even with communication support, understand or convey choice to a familiar person.

f. Cannot, even with communication support, understand a simple verbal or non-verbal instruction or warning from another person.

g. Cannot, even with communication support, convey a basic need by either verbal or non-verbal means.

Mobility Activities

1. Planning and following a journey.

a. Can plan and follow a complex journey unaided.

b. Cannot follow any journey alone due to such a journey causing overwhelming psychological distress to the claimant.

c. Can follow a complex journey only–

(i) if the journey has been planned by another person; or

(ii) with the continual prompting or intermittent assistance.

d. Cannot follow any journey due to such a journey causing overwhelming psychological distress to the claimant.

e. Can follow a simple journey only -

(i) if the journey has been planned by another person; or

(ii) with the continual prompting or intermittent assistance.

2. Moving around.

a. Can move at least 200 metres unaided or with the use of a manual aid.

b. Can move at least 50 metres but not more than 200 metres either unaided or with the use of a manual aid.

c. Can move up to 50 metres unaided.

d. Can move up to 50 metres only with the use of a manual aid.

e. Can move up to 50 metres only with the use of a manual wheelchair propelled by the claimant.

f. Can move up to 50 metres only with the use of an assisted aid.

g. Cannot either–

(i) move around at all or

(ii) transfer from one seated position to an adjacent one unaided.

What the rules mean

aid or appliance - a device to improve either a physical or mental function or both. It includes a prosthesis but does not include an aid or appliance ordinarily used by a person without a physical or mental condition which limits that person’s ability to carry out daily living or mobility activities;

assistance - physical intervention by another person

assisted aid - a wheelchair propelled by another person or an aid or appliance propelled by a motor;

bathe - take a bath or a shower;

buy -

(a) determine how much money is required to purchase food and drink

(b) assess the availability of the money referred to in (a) and

(c) purchase online, by telephone or in a shop

continual - throughout the entire duration of the activity;

cook - heat food at or above waist height

communicate - convey and understand information in the claimant’s native language

communication support -

(a) support from a person trained to communicate with people with limited communication abilities: or

(b) use of an aid or appliance

complex journey - a journey:

(a) which involves more than one mode of transport; or

(b) to an unfamiliar destination

groom -

(a) comb or brush one’s hair

(b) wash one’s hair; and

(c) clean one’s teeth, above a level of self-neglect

intermittent - for at least half the duration of the activity

level of self-neglect - a level that is considered socially unacceptable

manage incontinence - manage evacuation of the bowel or bladder including using a collecting device or self-catheterisation but not clean after evacuation

manage medication - take medication at the time advised by a healthcare professional

manual aid - an aid or appliance other than a wheelchair or an aid or appliance propelled by a motor.

medication - prescribed medication

mode of transport - includes walking

monitor a health condition -

(a) detect significant changes in a health condition; and

(b) take action advised by a healthcare professional,
without which the health condition is likely to deteriorate significantly

plan - in the context of food, means determine what food and drink the claimant reasonably requires and, where the claimant’s physical or mental condition requires a specific diet, determine what food and drink is required for that diet

prepare - in the context of food, means the activities required to make food ready for cooking or eating

prescribed therapies - therapies prescribed by a healthcare professional to be carried out at home.

prompt - remind or encourage and references to prompting are to prompting by another person

simple journey - a journey:

(a) which involves only one mode of transport; or

(b) to a familiar destination

simple meal - means a cooked, one course meal for one using fresh or frozen ingredients

snack - an uncooked meal using fresh or pre-prepared ingredients

take nutrition -

(a) cut food into pieces

(b) convey food or drink to one’s mouth; and

(c) chew and swallow food or drink; or

(d) take nutrition by using a therapeutic source

therapeutic source - means parental or enteral tube feeding using a rate limiting device such as a feed pump;

toilet needs -

(a) get on and off the toilet; and

(b) clean oneself after using the toilet; and

unaided - means without:

(a) the use of an aid or appliance; or

(b) assistance or prompting

wash - means clean one’s face, hands and underarms above a level of self-neglect.

Where can I get more help or information?

You can view draft regulations for PIP on the DWP website at http://tinyurl.com/67a88qp.

You can view information on the Welfare Reform Bill at www.disabilityalliance.org/welfarereformbill.htm.

9 May 2011

TaxiCard and Freedom Pass Consultations in Lambeth

As part of its ‘Cuts’ programme Lambeth Council has come down hard on disabled Lambeth residents. Not content with the vicious attacks already mounted against us by Central government; Lambeth sees fit to stick the boot in as we try to parry the blows being delivered by the ConDems – anywhere else this would be viewed with outrage and looked upon as kicking someone while they’re down

Late last year Lambeth announced a series of draconian cuts to the TaxiCard Scheme – the only decent door-to-door public transport resource available to many disabled people across the Capital.

However, because Lambeth failed to carry out a full ‘equality impact risk assessment’ before implementing the cuts they’ve suspended the cuts while a full consultation goes out to users.

May I suggest that all TaxiCard users or their representatives follow the link below?

http://www.lambeth.gov.uk/surveys/acs/taxicards.htm

Respond to the questionnaire; don’t let Lambeth off the hook.

TaxiCard is a vital link for disabled people. It affords us the freedom to travel to the places we wish to visit at times we dictate.

Similarly, Lambeth Council is considering making changes to the eligibility criteria for awarding Freedom Passes. While they are bound by certain national qualifying criteria; Lambeth is looking to exclude people with mental health problems, as some within this group do not fulfil the national criteria, and currently receive discretionary awards.

Such exclusion would prove disastrous to many people with mental health conditions. People in this category often depend on networks of friends and family, as well as mental health resources, to get by.

As with TaxiCard some of these resources will be a distance away. Is it right that someone with a mental health issue is denied contact with someone she or he may rely on to function properly? It is neither exaggeration or drama to state that some people will resort to suicide if they feel they’ve been so cut off, so isolated from the very humanity they feel makes their existence bearable.

We must fight with every fibre within us to stop Labour in Lambeth from making cuts to either of these vital services.

Johnson to Blame for Tube Strike Disruption to Disabled People

Eamonn Lynch and Arwyn Thomas, two London Underground sacked Tube, have won ‘interim relief’ from an Employment Tribunal (decisions to award this resource are extremely rare and invariably indicate a win for the employee).

Because of this, the RMT has balloted its members, successfully, for industrial action. Of course, the management, or their boss Boris Johnson, could call for immediate reinstatement of the unlawfully dismissed drivers; thus putting a stop to this action.

Boris Johnson, as a Tory I realise that you have difficulties with laws and regulations (see Cabinet Office ‘Red Tape Challenge’); indeed, you find the concept of rules and regulations that afford working people a degree of health and safety and fairness in the workplace an alien one.

However, and herein lies the rank hypocrisy, you’re also a dyed-in-the-wool member of the ‘law-and-order’ Tory Party. Therefore, unless you want to paint yourself a bigger hypocrite than you undoubtedly are already, I suggest you adopt some of those Tory ‘law-and-order’ principles and reinstate the two-sacked London Underground tube drivers, Eamonn Lynch and Arwyn Thomas.

You can stop this strike at the same time as showing the Capital you’re not in favour of bullying people at work. However, I don’t think you will.

Johnson will use this strike in his propaganda war against trade unions. He’ll accuse trade unions of holding the Capital to ransom with its unfair demands. What he’ll fail to say is the drivers at the centre of the dispute have won a ruling that will in all probability go in favour of the sacked men.

Further to this he won’t tell the Capital why it is as Mayor of London, and thus in charge of Transport for London, in effect overseer of all public transport in London and the running of the entire transport system, private and public, why in his three-tears of tenure he has never sat down with the unions.

He sits down with bosses; he sits down with representatives of housing; and, he sits down with the large charities. Yet, when it comes to leaders of organisations that have a far more democratically representative of their members than say, the CBI, Tenants and Residents Associations or any of the big Charities, he refuses to negotiate.

While supportive of any action taken by the RMT on behalf of any members wrongly dismissed; like most people, I’m of the view that a strike is the measure of last resort – and by most people, I include most trade unionists.

As a disabled person I’m also, acutely aware of the disruption such events have on us. Tube strikes make it extremely difficult for me to access buses as a wheelchair user; and, as such, I generally tend not to travel on such days. Luckily, I work from home so this doesn’t cause me difficulty there. But then, I also refuse to travel on such days out of a sense of solidarity to both the strikers and to other bus users – one less person on the system and all that.