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Should you apply for Disability Working Allowance (DWA)?
Should I appeal against the DSS decision?
Disability Living Allowance - Motability Component
Industrial Disablement Benifit and Reduced Earnings Allowance
Working people who are Disabled
Medieval Torture by Alan Bruce
My eyes stay shut, my brain's racing. I'm awake!
Thoughts of the day fill my mind. My body reacts and starts throbbing from the previous day's exertions.
I'm starting to sweat - my tormentor is two feet away, the thoughts of what's to come fills me with dread.
How long have I sufffered this pain? Weeks, months, years? What's it like to not suffer the indignation of what is to come? I will never know.
Slowly I open my eyes, look over and "yes" still there!
I prepare as best I can. The cold metal touches my skin sending shivers up my spine. Hard leather and tight straps dig into me - another day in hell begins.
Moving is slow, careful and deliberate. Hard metal digs in, leather chaffes and straps tighten.
Trapped again, another day trying to ease the pain and stop abscesses forming within hours.
Leather rubs against skin as the effort makes me sweat more, I feel like a horse with a saddle on it's back.
The burning sensation from leather rubbing is to much to bear, but what choice do I have? Very little!
Twist this way then that way, relieve for a moment until another twinge causes me to react again.
My crime for receiving this punishment? I know not! I'm innocent and have not commited any foul deed to man or beast. But wait, could it be my belief's? Wanting to remain independent, stupid pride, a sense of achievement!
Wait! Is this not the 21st Century? Is torture banned? Do we not have human rights?
So, why in this day and age do we have an instrument that is a cross between the iron maiden and the rack?
My thoughts can only come up with the answer "economic's", or put another way the big "M" - money! We can put a man on the moon, build the hubble telescope and send rockets to Mars, yet the only contribution to my life syle is "velcro", developed as a result of the space programme, for straps on my Nemeses
Namely - the Caliper or Brace!
My life without the caliper does not bear thinking about, I could not have gone through life without it! Yet I have to weigh the cost of wearing it against the benefits, is it as I said - just pride that keeps me wearing it?
Consider this, if you broke your legs and had to use crutches for say 6 months, how would you manage? Could you carry things? Moving around 'normally' would be a problem, just going to the bathroom would really test your mobility skills.
Hell for 6 months - a mere inconvience in one's life. What about 45yrs+? Now that's a life sentence for anybody!
Helpless as a new baby who cannot yet walk is not an option I want to consider, yet there have been times this has been unavoidable. I, like anybody incapacitated even for a short time, find it frustrating not being able to 'Do' for myself!
It would seem I have aswered my own question, guilty of the sin "Pride"
Motability Penalty - by Alan Bruce
Do you have the car you need?
Five Pounds a Week
It's coming to that time again, time to start the search for my motability vehicle for another 3 year lease. Three years go by so quickly, yet again so slowly it creeps up on you before you know it.
Things have changed in three years, as with most people something small here and there, and before you know it you need a whole new set of rules to live by. I feel lucky that adaptations have never been an issue for me when driving, however AUTOMATIC is an issue.
I've had an automatic car to drive now for 25 years, what a boon since as my left leg is almost devoid of life, clutch control is somewhat of a problem. I have prepared as best I can for the onset of ageing but like us all I soldier on pretending nothing is any different than the week before.
Problems started when my 'good' right foot started to act up. I went to see my Doctor about the severe pain and then went for a consultancy only to told I was to experience more mobility problems.
My present mobility car is a hatch back. It is difficult to fit in either my wheelchair or my fold away electric scooter, without losing seating space. While I have five months before my car change I've always liked to give myself plenty of time to weigh up the options and make the right choice. My wife's car is a saloon with a nice size boot, enough to accommodate the scooter or wheelchair so, I guess a saloon is the way to go.
I logged onto the mobility/motorbility web sites to check latest list and prices of hire cars. It would seem to me that I'm to be cash penalised for my inability to use my legs to drive a gear/clutch car - DUH!!
I am told I can get a 2 door or a nice 4 door saloon, I can also have 2/3/5 door hatchback - almost anything that most people including myself would be happy to have.
These cars are all no advance payment - great,
'I'll have a nice 4 door saloon please.'
'Sorry Sir that's £1400 advance payment please.'
'What! £1400 why?'
'You used the 'AUTOMATIC' word, Sir!'
I used the 'AUTOMATIC' word, sorry it's not rocket science here? did I use a naughty word? Is this something I should know that hasn't yet been invented DOH!
So I need an automatic with room to take my wheelchair/scooter and my family/friends, what can I get? (thinks) seems a good bet would be an MPV don't make me laugh have you seen the price of them?
My choice eventually comes down to an (wait for it) MPV, "just" £749 advance payment.
Hell, what's five pounds a week for 3yrs to pay an advance payment that would fit my requirements? Except I haven't been saving £5 week for three years and I only have 5 months left... My wife works hard, I have only my benefits, so advance payments are a real penalty to my normal requirements on top of "All" my mobility payments going to the lease hire.
Am I the only disAbled driver with this problem I don't think so..
What's a guy supposed to do eh? I'd willingly take a nice inexpensive car that fit's my requirements but with advance payments in the thousands what would you do?
The Motability Scheme was established to provide disabled people with safe, reliable and affordable cars. Cars account for 99% of the Scheme's activities, with powered wheelchairs and scooters making up the balance.
When are the people in charge of these schemes going to understand that this should not be about shouting how the disAbled are being enpowered and given the freedom to get around by them and how wonderful they are for providing this service, but get down to really getting the services we can use without any PENALTY!
I'm made to feel that I'm moaning because I'm the proverbial square peg trying to fit in the round hole that has so wonderfully been provided, how many others put up with something that really is not up to scratch because of the cost. Roll on winning the Lotto!
An Alternative to Wheelchairs
Buying A Foldaway Scoota
Wanting to be in control of my mobility instead of relying on others has lead me to seek a way to do this.
Starting some months ago I researched what would help me in my quest. I went to every Mobility shop web site I could find to see what was on offer.
I had no real criteria. What I wanted was a way around being pushed in a wheelchair or trying to go afar with an unwieldy heavy power chair. Next option was a power scooter, again too heavy & unwieldy. My 18yr old son hates pushing me in my wheel chair, I know he gets embarrassed when I try to get him to place me in position to see in shops & stores. I also get embarrassed trying to navigate a big power chair in tiny aisles & knocking into racks and shelving.
So what to do? Looking through pages and pages on web sites I had no joy, I'm not sure now how I came to find the solution I sought, it's lost in mists and blurs of links and open browser windows.
FINALLY there was the answer I had spent all that time looking for \o/ - a neat and compact electric scooter that fits in the boot of your car. I read all the info, saw the limits & the advantages - this was for me.
My phone was in my hand before you could say scooter. I spoke to the man who had developed this product, he was a nice guy & went to a lot of trouble to explain everything about his scooter, trouble was it was still in development and not available to the public until the summer 2001. :-((
I was almost there. I resigned to wait and left my phone number, e-mail, fax, pager, mobile and NI number just to be sure he would contact me. ;-))
So now it's June and nearly midsummer, no sign of my goal in site, so I e-mailed Mr scooter man for a progress report, no answer was the loud reply. A close friend knowing all about this little saga decided to do some research on their own, unbeknown to me a lot of e-mails went out and 1 reply came back - a brand new foldaway 'Scoota' was available on the market!
I phoned the shop straight away, and with the web site picture in front of me I asked the technical question - HOW MUCH? Just so happened that a special deal was on in order to promote the product. Having really checked the spec's with the shop and knowing the limitations of what it should be used for, I placed my order.
Just my luck, a slight delay in the delivery due to H.M Customs, never mind, I waited this long 3 more days won't kill me? Monday evening the 'Scoota' arrives! If I said dinky you would get the idea of how small and compact this machine is! I couldn't believe my eyes, where's the battery? I asked, (expecting a 12v car battery), two compact tandam batteries ran under the floor board - I was told.
Gob smacked, I took delivery.
I read the manual over dinner, nothing complicated all so easy. First things first, charge the batteries-(can't go anywere without!) it took a few hours until green light glowed bright to show fully charged. Well it was bedtime so no TT race today.
Tuesday morning and my first thought was where can I charge off to on my 'Scoota', I didn't have chance to find out, the best I managed was down the hall out onto the front path, turned around and back again, feeling like a circus clown driving with something so small. In fact it was the Saturday before my chance came to test the diddy 'Scoota'.
Saturday. 'Scoota' placed in car boot, drive down to the promenade, unfold, leathers shining, helmet on, gloves on, white silk scarf flapping. Set variable speed control from 'Snail' to 'Tortoise', the moment of truth, turn key in ignition, slowly pull back on control.
The 'Scoota' took up the slack & was off at walking pace, I felt the wind on my face as I rolled along, this was what I had waited for all week.
It just so happened that the annual MC races where taking place along stretches of the promenade, spectators were walking along to watch the race, 100's of large motor cycles made my 'Scoota' look like a foot rest compared to their large size.
As I rolled along next to big burly bikers decked in leather suits I could see the jealousy in their eyes as they double looked at my mode of transport and a wry smile came to their faces.
For my first time out I had enjoyed the day, I look forward to many more hassle free days out with my trusty steed.
For information on where to obtain the 'Scoota' please contact me here
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
INDUSTRIAL INJURIES SCHEME
This topic is about the industrial injuries scheme which covers accidents at work and industrial prescribed diseases. How to claim and what to expect when you do claim.
IS EVERYBODY COVERED BY THE SCHEME?
If you are an employee and suffer from an accident at work after 04/07/48 or you suffer from an industrial desease, although many were not registered until later than this date, you may be covered by the scheme. You must have been working for an employee however it does not matter if you were earning enough to pay tax or national insurance, you are still covered.
ACTION AFTER AN ACCIDENT
As soon as you can after an accident at work report it to your employer. By law if there are more than ten people employed there must be an accident report book. It does not matter how trivial you think the accident is, a pain in the stomach for example may become a hernia. If in any doubt register the accident anyway. if you have to have time off as a result of the accident claim benefit right away.
CIVIL CLAIMS
It may also be possible to claim for personal injury against your employee. To do this you should consult a solicitor who deals with this type of work.
PRESCRIBED INDUSTRIAL DISEASES
There is at present 67 different registered industrial diseases, that is to say that they are accepted as being a risk but only in the occupations also lsited but not risks common to the general population of causing that particular disease. The onus is firmly on you to claim for an industrial disease. So, if you believe that any condition you have masy be work related then ask the DSS and you doctor for advice. If you ask the DSS get their response in writing as the rules on backdating have been changed so you will lose money.
REDUCED EARNINGS ALLOWANCE
REA is a benefit that you may be entitled to if your accident happened before 01/10/90 or the start of your industrial disease was before that date. To qualify you must have a current assessment and be unable to return to the job that you were doing at the time of the accident or the start of the disease or do a job earning the same money due to the effects of the accident or disease.
ADVICE
it is important to take advice as soon as you possible can. Make sure that who you contact is an expert in the type of problem that you have. Do not allow people to practise on your case as there may be a lot of money to lose. Reduced earnings is a complicated benefit and is not included in the current application forms for disablement benefit so you would not be aware of it without advice.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
Should you apply for Disability Working Allowance (DWA)?
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
SHOULD YOU APPLY FOR DISABILITY WORKING ALLOWANCE (DWA)?
This week the topic is the Disability Working Allowance (DWA) and is really just a guide. if you want to know more, then contact your local DSS office for leaflets. The article is to make people aware of who may or may not qualify.
DWA - WHAT IS IT?
DWA is tax free and is paid on top of low wages. It can also be paid to self-employed people who are also at a disadvantage in getting a job. To qualify you must be working more than 16 hours a week and, unlike Family Credit, you do not need to have children to receive it.
WHAT IS THE IDEA OF DWA?
DWA is intended to encourage people with disabilities to return to work. it is aimed at people who are in receipt of Incapacity benefit and SDA. Alarm bells should ring if you get any of these benefits and it is suggested that you get a low-paid job and claim it. Although there is a provision that lets you return to incapacity Benefit or SDA within two years on the same terms, my advice is to think it through first before taking this giant step.
WOULD I BE BETTER OFF?
Each DSS and Job Centre has a person available who can calculate if you are to be better off on DWA. They should be able to work out how much Housing Benefit and Council Tax benefit you will get. It will then be possible to compare exactly what you have left and any difference.
SOME BENEFITS
If you get DWA you can receive free legal advice and assistance and Social Fund payments for maternity and funerals, health and home repair assistance.
ADVICE
It is important to take advice as soon as you possibly can. The local Citizen's Advice Bureaux, Unemployed Centres or Advice Centres should be able to help. It is, however, advisable to use the advisor in the DSS ot Job Centre.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
Should I appeal against the DSS decision?
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
SHOULD I APPEAL AGAINST THE DSS DECISION?
This week the topic deals with the question "Should I appeal against the decision of the DSS?". Many people ask themselves this question every day and for some unknown reason or another do not appeal against the DSS decision. In many cases this decision is wrong and as a result money that you may be legally entitled to is lost.
WHO MAKES THE DECISIONS?
Most decisions on Social Security benefits are taken by adjudication officers (AO's) in your local DSS office. Some decisions relating to medical matters are taken by adjudicating medical authorities (AMA).
APPEALS
You have the right to appeal against any decision taken by an adjudication officer (AO). The Social Security legislation is very complicated and it is not suprising that people get confused with the decisions and the reasons given by the DSS. Some decisions by the DSS to refuse or reduce benefits are clearly wrong while others are certainly debateable.
ASKING FOR AN APPEAL
You can complete the form at the back of leaflet NI 246, which you can get from the local DSS office. If you do not use the form then your appeal letter must contain the date of the decision appealed against as well as the benefit you are appealing about, with a brief statement of the reasons for your appeal.
TIME LIMITS
An appeal must be made within three months of the date the decision was sent to you. This is usually the date at the top of the letter. If your appeal does not contain all the required details the chair or the clerk has the power to extend the three month time limit by up to 14 days. If you are outside the time limit there are strict conditions to satisfy before a late appeal wil be accepted.
WHY APPEAL?
As many people will be aware the DSS are conducting a drive through the integrity programme to remove people from disability living allowance. In many cases the benefit is restored on appeal and in some cases increased. There is also a purge on people in receipt of incapacity benefit and as with DLA many of these decisions are wrong.
ADVICE
If you get an adverse decision then the first thing you should do is to seek advice. There are a number of advice agencies who can help. Even if you think the decision is right then you should still seek advice from an expert in this field.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
WILL DLA CHANGES HIT YOU?
This article is about the new drive by the DSS to remove people from Disability Living Allownace DLA. The initial idea is to stop fraud of DLA but inevitably it will result in genuine people being removed from the benefit or having a reduced rate being paid. There are some exemptions and these wil be listed below. In particular this is some advice as to what you can do to reduce the chances of having the benefit removed or even reduced.
WHAT IS IT ALL ABOUT?
The DSS are currently reviewing awards of DLA that have been made for life. This is called the integrity project and was part of the previous governments drive to reduce the social security budget and anti fraud drive. The project began in May 1997 and is expected to run for two years.
HOW WILL IT WORK?
DLA claimants receiving the higher rate mobility and the higher rate care components will be visited. Claimants receiving higher rate mobility and middle rate care will be sent a questionnaire. No other DLA awards should be contacted so for example if you receive the high rate mobility on its own or the high rate care on its own you sould be O.K.
WHO IS EXEMPT FROM THE TEST?
There are a number of exemptions from this intrusion and they are as follows:-
Children; if you have had a review in the previous year; people with an underlying entitlement (people in hospital); amputees; people who are both deaf and blind; severely mentally impaired people and quadfriplegics. If you have been awarded DLA for life unless you are in one of the groups above then you can expect to hear from the DSS in the near future.
WHAT CAN BE DONE TO REDUCE THE RISK OF LOSING DLA
If you receive the DLA 250 form the first thing to do is to get advice from an expert in this field. This on its own could reduce the risk of losing benefit. As soon as you get the form if you intend to deal with the matter yourself (bad idea) then you should write to the DLA unit and ask for a copy of your original form as well as any other evidence that was used by the adjudication officer in deciding your claim. It should be obvious from your original application if your circumstances have changed or not as the case may be. In effect you can ask the DLA unit to give you a copy of the file that they hold on you for DLA.
HOW CAN THE DSS DO THIS?
The 1997 fraud Act allows the secretary of state to undertake investigations to obtain information and evidence for the purpose of reviewing DLA awards. If a visit or a questionnaire unearths information which may render the award suspect, the claimant will then have the right of review and appeal if the award is changed. If you do not fill in the form or comply with the visit your benefit will be withheld.
POSSIBLE EFFECTS
The effects on people with motability agreements could well be catastrophic. There could also be a knock on effect for people who receive invalid care allowance if DLA payments are changed.
WHAT IF I GET A QUESTIONNAIRE
If you receive a questionnaire form DLA 250, then you must seek advice as soon as possible. At risk is you award of DLA. As previously stated if you are not exempt you will hear soon. I have in fact recently dealt with a pensioner in her 70's so don't be surprised if they contact you.
GETTING ADVICE
There are a number of advice agencies that can help. Many offer free advice, so make enquiries first to establishthat they know how to deal with the form. Other organisations make a charge, but remember you only get what you pay for, so ensure the one you contact is an expert in the field.
JIM STRANG COMMENTS
Contrary to wrong information published in a local newspaper, there is a legal requirement to complete the questionnaire DLA 250. Failure to do so will result in dire consequences.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
Disability Living Allowance - Motability Component
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
DISABILITY LIVING ALLOWANCE - MOTABILITY COMPONENT
This week the topic is about Disability Living Allowance (DLA). This article deals specifically with the motability component. As you will see below there are age conditions.
MOTABILITY AGE CONDITIONS
The age rules are simple, you can qualify from the age of 4 years and 9 months up to the day before your 65th birthday. It could not be simpler. It may be unfair for people aged 65 and over but that is the law at present. The reason that a child can claim at 4 years and 9 months allows for the three months qualification period.
WHO CAN QUALIFY?
DLA consists of two components but you do not need to apply for both. For the motability component you can claim from 4 years and 9 months until the day before your 65th birthday. There are also residence and presence tests which also need to be satisfied. Basically you must have been present and ordinarily in Great Britain, Northern Ireland, Jersey, Guernsey or Isle of Man, and present for not less than 26 weeks in the 52 weeks before your claim. There are some other conditions which need to be satisfied but a representative would be able to deal with these on your behalf.
HOW TO CLAIM
First you need to get a claim pack from the DSS. When you get this it will certainly be in your interests to get advice as to whether you will qualify and also it is important now to obtain assistance at this stage to complete the form.
THE MOTABILITY COMPONENT
Apart from the basic non-disability conditions, you must satisfy a disability condition. It is very important at this stage to get advice as to whether you may qualify in any case, and also some help to complete the application form which many people find daunting to say the least. The size of the form puts many people off but do not be deterred.
THE DISABILITY CONDITIONS
For the high rate of motability either you must be suffering from a physical disability such that you are unable to walk (OR) suffering from a physical disability such that you are virtually unable to walk (OR) you are both deaf and blind (OR) you were born without feet or are a double amputee (OR) you are severely mentally impaired and have several behavioural problems and qualify for the highest rate of (DLA) care.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
Industrial Disablement Benifit and Reduced Earnings Allowance
JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
INDUSTRIAL DISABLEMENT BENEFIT AND REDUCED EARNINGS ALLOWANCE
This article is about backpay for industrial disablement benefit and reduced earnings allowance. Following new legislation introduced by the government, the backdating is restricted to 3 months. There is a legal argument against this restriction.
If you suffer from an industrial disease or have an industrial accident you may qualify for disablement benefit. If the accident or the start of the disease was before 1st October 1990 and you had to give up the job that you were doing at the time then you may also qualify for Reduced Earnings allowance(REA), which is currently paid at a maximum of £41.88 per week.
BACKDATING RESTRICTION
The new legislation means that any claims now made will be restricted to 3 months backdating for disablement benefit or reduced earnings allowance. I have however recently challenged the validity of the new regulations and have been successful at a tribunal in getting a decision that the new legislation was ultra vires. This means that the Secretary of State for Social Security who introduced the legislation did not have the power to do so. The DSS have appealed the decisions.
WHAT DOES IT MEAN
It would mean that any restriction beyond 3 months would be unlawful. If you had a 3 month limit put on your claim for disablement benefit or reduced earnings allowance then you should seek advice on how to challenge the decision. There is potentially tens of thousands of pounds that may have been unlawfully held by the DSS.
DSS APPEALS TO THE COMMISSIONERS
The DSS have appealed to the commissioners against the successful decisions. This means that the cases will now be dealt with in London. If the DSS fail in the applications to have the decisions overturned then all backpay can be awarded.
WHAT SHOULD I DO
If you have been subject to the limitation described than you should ensure that you get advice to resurrect your case if it is beyond the 3 month time limit. If the decision was in the last 3 months then you should appeal. It is important at this stage to get advice or assistance.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO: (ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
An Alternative to Motability By Alan Bruce
Buying Your Own Car
If you have a good credit record, many dealers and Banks will consider you for either Hire Purchase, Credit Sale or a Personal Loan, sometimes at a very reasonable interest rate.
Using finance in this way can provide for greater flexibility when seeking a good quality car that suits your needs. The costs of course are there.
Now, take myself as an example. I have CP, which affects my left side, leaving me with some ability (I think I do well under the circumstances), I can drive a Manual car, but an Automatic is so much easier. I also suffer from real pain in all joints, back, neck etc. So, Power steering is a MUST. Like so many others I have pain in my wrists, fingers, arms and shoulders, so simple things such as opening a window, can be impossible at times. Moving the seat is a nightmare as well. The Steering wheel never seems to be in the right place. 90% of small to medium cars are so small, I bang my head on the roof lining, I get severe pain in my legs because there is not enough room to stretch when needed, I could go on, but I expect every reader known just what I mean, Disabled or Abled. I also need wide opening doors, I am rather clumsy getting in and out. I also need good passenger space as many of my passengers tend to be elderly or themselves disabled.
So my Needs would be as follows.
Power Steering or very light steering, Automatic transmission, Roomy interior, Electric Windows, Electric Mirrors, Moveable Steering Column (or correct static position), Easily Moved Seats, Good Lumber Support, Easily Movable Wing Mirrors for Parking. Good visibility all around the vehicle. Plenty of headroom.
Purchasing a Used Car
Buying a Used car can provide greater flexibility for a Disabled Person.
First you need to decide exactly what you need
Do you need Power Steering ?
Do you need an Automatic, even if you can drive a manual (think of a long slow traffic jam, or as you get older and perhaps more infirm).
Consider kerb Height, door opening space.
Do you need 4 doors or even 5 (Hatchback)?
If you think a 4 door will be OK, is the boot at a height that is right for you, will it be easy to lift items and/or a Wheelchair perhaps in and out. Is there enough space in the boot for shopping and Wheelchair.
All of the above can be dealt with over the phone, when enquiring, as I know how hard it is to get around, especially if you are without transport.
My advice is always buy from a reputable dealer, most will bring a car to you, let you have a test drive on your home terrain etc., let your family see and try the car. During this cycle you can check other things out before you decide to buy.
Check things such as Ride, Handling, Parking, Braking, Reversing, does the car fit in your garage or parking space. Try the boot space, can you get in and out with minimal effort, can you see behind the car for reversing, can your passengers get in and out with ease, does your family like the car overall.
Of course the above are extras to the normal checks you should make, but do these first, if you think you can manage the car, then perhaps your local garage or RAC/ AA should be asked to check it out before you buy. Remember 48 hours notice is required and its not cheap.
Once you have decided to buy, the Dealer may be able to put your name forward for a Purchase Plan, long term disabled are accepted these days, as long as you have a good credit record. The Dealer Plan will involve a deposit, anything from 10% up. Interest rates vary greatly, so do ask what these are.
Finance can be considered from a Bank, as there is great competition now, this can be a very good option, bringing the benefit of No Deposit and the chance of including Insurance AA/RAC cover.
Get a good warranty, 3 months minimum, parts and labour, longer if you can.
Always negotiate on price, even if you use the dealer finance plan. Most will negotiate.
Always remember that cars lose value very quickly, so most of the money you spend will probably be lost and you need to pay for Repairs and regular maintenance as well as insurance. Most Disabled DLA customers should be able to claim for Motor Tax Exemption, which helps. So calculate your repayments to include these additional costs.
The advantages of buying a good quality used car, if your budget is tight, can mean the addition of those extras that you probably need and without greater costs.
If your mileage is not that high, then the larger executive type models can be a real bargain when only a few years old. For half the cost of a new basic small car, you could get a top of the range low mileage executive car with all the extras you need.
Take my last car for example. It was a 7 year old Ford Scorpio 2.9i. The larger engine was reliable, as long as maintenance schedules were kept. It had, Power Steering with totally adjustable column, 4 Speed Automatic (with overdrive), all electrically operated seats with lumber support, electric wing mirrors (heated), electric boot lift, Very Wide opening Doors with extra automatic warning lights and pavement light, highly illuminated foot well. All these items have, in the past, assisted me personally in one way or another.
Getting the same facilities and size of car could be quite expensive though Motability. So If you are not worried about driving a New Registration car and really do need the added features of an executive model, then purchasing a good quality used car may be the answer for you. Do remember though that you would need to include servicing and insurance to the costs incurred for the car.
If you have any questions regarding this feature, please contact me here
A Baha'is View of Disability by Paul Boot
My qualifications for writing this article are:-
I am a Bahá'í
I am, what most people would perceive as, disabled (on wheels) as a result of poliomyelitis.
Whilst there are few quotations I have discovered in the Bahá'í writings that speak explicitly about disability, there are a number which do so implicitly or are, at the very least, very pertinent. For example:-
"The whole duty of man in this Day is to attain that share of the flood of grace which God poureth forth for him. Let no one, therefore, consider the largeness or smallness of the receptacle. The portion of some might lie in the palm of a man's hand, the portion of others might fill a cup, and of others even a gallon-measure." [Gleanings from the Writings of Bahá'u'lláh, page 8]
The implication of this passage, I would suggest, is that whatever we are given (physically, intellectually, spiritually) the important thing is that we seek to fill the receptacle - however large or small that may be. One might argue that the parable of the talents in the Bible (Matthew 25:14) is giving the same teaching.
Perhaps first we should examine what we mean by disability. I would suggest disability may be visible or invisible; physical, mental or spiritual.
Physical Disability
At one extreme - complete paralysis, going through various points on the spectrum including blindness, deafness, arthritis, weak heart etc.
Mental Disability
Again, at one extreme: barely conscious, through to such conditions as autism, schizophrenia, depression, loss of hope; this perhaps leading to substance abuse, and the ensuing downward spiral with its physical, social and spiritual aftermaths.
For opium fasteneth on the soul, so that the user's conscience dieth, his mind is blotted away, his perceptions are eroded. It turneth the living into the dead. [Selections from the Writings of `Abdu'l-Bahá, page 149]
Under this category one could also perhaps include social disability eg shyness or lack of communication skills leading to isolation and loneliness. A pupil at my school suffered greatly in this regard (I use the word suffered advisedly). He was highly intelligent but his social disability dictated that he could not help but flaunt it. He came over as arrogant and superior with the result that he was the probably the most unpopular pupil in the school. This was no minor matter, he was forever being bullied and, I would imagine, he looks back on his school days with horror.
NB It has to be said that the above categorisations into physical or mental disabilities can only be useful labels. For many a mental ailment has a physical or a spiritual origin and, indeed, many a mental or spiritual affliction has a physical manifestation.
Verily the most necessary thing is contentment under all circumstances; by this one is preserved from morbid conditions and from lassitude. Yield not to grief and sorrow: they cause the greatest misery. Jealousy consumeth the body and anger doth burn the liver: avoid these two as you would a lion. [Cited in "Bahá'u'lláh and the New Era", p. 108]
I gained a traumatic insight into mental disability when my mother - Kathleen Booth - succumbed to the stresses and strains of a difficult life; suffered premature senile decay and died in a mental institution just outside Canterbury at age 61. The polio virus that had struck down both myself and my sister, killed my father. My sister, thankfully, recovered almost unscathed but my newly widowed mother was presented with the dire condition of her children and the medical prognosis that I would never sit up and certainly not live beyond the age of 5.
As I look back at age 50 and wonder why I am still here - happily sitting, I conclude that it is primarily because my mother refused to give up. She could, as many might under the circumstances, just have accepted that it was hopeless and seek only to make my remaining months as happy as possible. Instead she went to the hospital physiotherapist and asked to be taught massage. The therapist refused explaining that, done incorrectly, it could do more harm than good. My mother's argument that I was dying anyway, won the day! My earliest memory is laying on the kitchen table being exhorted by my mother to do my exercises in sight of a large stick that I was, reliably, persuaded would be applied to my posterior anatomy should I fail to comply!
My mother had to strive every step of the way working as a school cook during the day and selling "Avon" during the evening to keep us fed and in pocket money. It may be no exaggeration to say that our mother lived for us and when I eventually left a boarding school for the disabled (at age 20) and got a job, it was as though something in my mother said "the battle is won - your children will be fine now" and there followed a swift decline into premature senility.
I would regularly visit her in the mental hospital. In a ward of 50 people, I rarely saw another visitor. She could no longer speak and I used to wonder if she even knew of my presence, there being no sign of recognition. We were not the most demonstrative of families - we knew we all cared so rarely felt the need to say it. On one visit, however, as she sat there seeming totally oblivious to me and all around her, I said: "I do love you, you know". She looked up into my eyes and tears streamed down her cheeks. She was still in there! On the one hand I felt happy that my mother was still present, on the other great anguish that she was trapped in this barely functioning body and mind. I was much comforted later on finding these words of Bahá'u'lláh :-
"Know thou that the soul of man is exalted above, and is independent of all infirmities of body or mind. That a sick person showeth signs of weakness is due to the hindrances that interpose themselves between his soul and his body, for the soul itself remaineth unaffected by any bodily ailments. Consider the light of the lamp. Though an external object may interfere with its radiance, the light itself continueth to shine with undiminished power." [Gleanings from the Writings of Bahá'u'lláh]
Can you imagine what that meant to me? The soul of my mother, the real person who myself and all who knew her, loved: was "unaffected by any bodily ailments." Her brain could be likened to a radio receiver whose circuits are malfunctioning; only a small part of the signal from the soul is getting through amidst all manner of interference and static!
The temple of man is like unto a mirror, his soul is as the sun, and his mental faculties even as the rays that emanate from that source of light. The ray may cease to fall upon the mirror, but it can in no wise be dissociated from the sun. [Baha'i World Faith, pages 346-347]
It was whilst visiting my mother one evening that I experienced one of the more dramatic answers to prayer. Every time I visited, there was always a particular woman crying loudly non stop, every time and all the time I was there. On this occasion, I sat at my mothers bedside and suddenly the woman in the next bed, looking at me with what I can only describe as haunted eyes, pleaded: "Please stop that lady crying!" I felt totally helpless. I found her constant crying distressing even for the hour or so a week I heard it, it must have been torture indeed to hear it twelve, or for all I knew, twenty-four hours a day! I felt so sorry for all the patients - not least the tortured soul in such distress - that I closed my eyes and offered up a truly heartfelt prayer: "Dear Lord, PLEASE give that lady peace".
It was immediate, as though someone turned a switch. The moment I said the word "peace" the crying stopped. I was both amazed and truly grateful. I never heard her cry again that evening or on any subsequent visit.
Spirit has influence; prayer has spiritual effect. Therefore, we pray, "O God! Heal this sick one!" Perchance God will answer. Does it matter who prays? God will answer the prayer of every servant if that prayer is urgent. His mercy is vast, illimitable. He answers the prayers of all His servants. [Promulgation of Universal Peace, page 246]
Spiritual Disability
Without question it is spiritual disability that is the most devastating. For it is this that causes us to hate; lack compassion; strive only for self; ignore the guidance of a loving providence and so allow our beautiful world to degenerate into hell instead of reflecting heaven. It is also the most important because, whereas our physical/mental disorders last but three score years and ten, our spiritual health is what we take with us as we are launched into eternity at the close of our earthly lives.
Universal Condition
Anybody can be happy in the state of comfort, ease, health, success, pleasure and joy; but if one will be happy and contented in the time of trouble, hardship and prevailing disease, it is the proof of nobility. ['Abdu'l-Bahá - Baha'i World Faith, page 363]
I would argue that everyone is disabled in one way or another - indeed in a multitude of ways. Whether we suffer from debilitating shyness; whether we have such paucity of spirit that we only seek personal gratification; whether we struggle in poverty and hunger in the third world; whether our joints stiffen due to arthritis or our mind stiffens due to prejudice, we are all disabled to a greater or lesser degree.
Why disability? Why suffering? What I do know is that when I consider those people in my life who have most struck me as being special. The people who, having touched my life, have left me richer for it; they, without exception, have at some time, been through hell. Whether through illness or tragedy they have had the rough edges knocked off exposing the jewel within.
The Purpose of the one true God, exalted be His glory, in revealing Himself unto men is to lay bare those gems that lie hidden within the mine of their true and inmost selves. [Gleanings from the Writings of Bahá'u'lláh, page 287]
Regarding such suffering and tests Bahá'u'lláh's son and exemplar of His teachings, 'Abdu'l-Bahá' (1844-1921) explains:-
Tests are benefits from God, for which we should thank Him. Grief and sorrow do not come to us by chance, they are sent to us by the Divine Mercy for our own perfecting...
Men who suffer not, attain no perfection. The plant most pruned by the gardeners is that one which, when the summer comes, will have the most beautiful blossoms and the most abundant fruit. The labourer cuts up the earth with his plough, and from that earth comes the rich and plentiful harvest. The more a man is chastened, the greater is the harvest of spiritual virtues shown forth by him. A soldier is no good General until he has been in the front of the fiercest battle and has received the deepest wounds." [Paris Talks Pages 50-51]
Bahá'u'lláh says:-
"My calamity is My providence, outwardly it is fire and vengeance, but inwardly it is light and mercy." [The Hidden Words - Bahá'u'lláh]
A poet friend of mine, Paul Bura, observed in one of his books that polio was the best thing that ever happened to him! He explained (and I paraphrase) that because of it he was perforce, less active than his fellows which meant he spent more time on the sidelines watching others. This served to enhance and develop his powers of observation; an attribute so vital to the art of the poet.
If we just look at this world, the disabilities people suffer can indeed seem like the "fire and vengeance" referred to in the above quotation. However, from the perspective of the life of the soul which, the Bahá'í teachings state, continues to progress for all eternity, we can see that it is indeed, "light and mercy" if we use it as God intended.
There are two ways of looking at things: one that results in futility, one that brings hope action and progress. Three quotations sum this up for me:-
Two men looking out through bars, one sees the earth, the other sees the stars. [anon]
The pessimist sees the glass as half empty, the optimist sees it as half full. [anon]
'Everything in life ministers to our development. Our lesson is to study and learn. Money and difficulties are alike advantages to us. Tests are either stumbling blocks or stepping stones, just as we make them.'['Abdu'l-Bahá. Cited in: Ten Days in the Light of Akka]
My foster brother, Paul Hodge (a lot of Pauls around aren't there) has stumps instead of arms and legs. For a number of years he was the conductor of the Snowdown Colliery Choir who, under his baton, made records and appeared on TV. He now teaches music - including the piano (which he plays with his stumps. Don't ask - you have to see it to believe it!)
Now one could bemoan "What a shame, what a brilliant musician he might have been if only he hadn't been disabled." Similarly of my new friend, Hero Joy Nightingale. But what an inspiration they are to others. Irrespective of the eternal dimension referred to above, what a blessing from God they are to the world; inspiring us too to make the best possible use of what we have. Imagine how much better the world would be if more people utilised the gifts and talents they had been given instead of existing apathetically in pursuit of short term pleasures and the fast buck.
Don't get me wrong, I am not saying it is pie in the sky we'll be fine when we die for the disabled person. One of my mothers oft quoted aphorisms was: "when one door closes another one opens". Judging by most of the disabled folk I know - and that is a fair few - one of the doors that opens tends to be an advanced sense of humour and a will to live.
How often do we see a man, poor, sick, miserably clad, and with no means of support, yet spiritually strong. Whatever his body has to suffer, his spirit is free and well! Again, how often do we see a rich man, physically strong and healthy, but with a soul sick unto death. ['Abdu'l-Bahá -Paris Talks, page 65]
Maybe because some of us live a bit closer to the edge survival wise, we tend to appreciate what we have got more than some of our able-bodied fellows. Have you noticed how people who have had near death experiences often change their lives completely? Having glimpsed eternity, they determine to make this life count for something. It pains me then to see folk with healthy bodies abusing them. It is a tragedy that so many are unconscious of their worth and potential that they see no purpose in their lives other than hedonism and dull their wits with alcohol and drugs to avoid really living.
We are SO much more than just flesh and blood
A man should pause and reflect and be just: his Lord, out of measureless grace, has made him a human being and honoured him with the words: "Verily, We created man in the goodliest of forms" - and caused His mercy which rises out of the dawn of oneness to shine down upon him, until he became the wellspring of the words of God and the place where the mysteries of heaven alighted, and on the morning of creation he was covered with the rays of the qualities of perfection and the graces of holiness. How can he stain this immaculate garment with the filth of selfish desires, or exchange this everlasting honour for infamy? "Dost thou think thyself only a puny form, when the universe is folded up within thee?" ['Abdu'l-Bahá - Secret of Divine Civilization, page 19]
And of the next stage of our journey?
As to the soul of man after death, it remains in the degree of purity to which it has evolved during life in the physical body, and after it is freed from the body it remains plunged in the ocean of God's Mercy. ['Abdu'l-Bahá - Paris Talks, page 66]
Life then is an adventure; a race to develop our spiritual capacities and sensibilities before we cast off this mortal coil and these qualities are all we have left. We can't take with us our money, our property, our physical beauty, our trophies, titles or crowns. Whether we are given, clogs, running shoes or skis; whether we are given brightness, health and wealth OR dullness, illness and poverty is - in the great race of life - totally irrelevant. What is important is that we do the best we can with what we have and try and achieve our potential while helping others achieve theirs.
The writer, Paul Booth, has his own web site which contains more information on the Bahá'í Faith, the Late Effects of Polio and some of his other interests. He would be happy to correspond. The books quoted from, or a catalogue are available from The Bahá'í Publishing Trust. Also various Bahá'í texts can be downloaded.
Disability Rights Task Force
Following a series of meetings of the Task Force and its "working groups", the final recommendations for the proposed Disability Rights Commission have been put forward. The following is a summary of the decisions made.
The Commission will have between 10 and 15 Commissioners and at least 50% of these will be disabled people with the relevant expertise.
The Commission will have a similar role to the Equal Opportunities Commission (EOC) and the Commission on Racial Equality (CRE). However, they will not be restricted to pursuing individual cases under UK law. Their remit will also include European Union law.
They will draw up codes of practice on employment, access to goods and services to ensure compliance with both current and future legislation. They may do this on their own initiative and they may decide who they should consult in drawing up codes.
They will have full powers of investigation and enforcement in line with those of the EOC and CRE.
It is expected that the proposals for the establishment of the Commission will be in the "Queen's Speech" in October '98 and the Commission will be set up by July 1999.
The Disability Rights Task Force now moves on into its second major piece of work, that of recommending the content and details of future comprehensive civil rights legislation. The timetable for this is as follows:
May 1998: "Who should be protected and what should they be protected from?"
This will cover the definition of disability and the definition of discrimination.
Sept 1998: "Work". Covers employment and matters such as training.
Oct 1998: "Education". Covers higher and further education, access to
mainstream schools and the role of special schools.
Dec 1998: "Goods and Services". Includes financial, retail, public, health,
planning, buildings regulations and highways legislation.
Feb 1999: "Housing and the Environment". Includes accessible housing, renting
and letting and public spaces and buildings.
Feb 1999: "Travel". Covers buses, trains, taxis, cars, airlines and ferries.
April 1999: Further work on Housing and the Environment, Travel.
June 1999: Further work on the provision of Goods and Services.
June 1999: "The provision of targeted services". Health and Social Services.
The Task Force is expected to finish its work by the end of June 1999 when the new Disability Rights Commission begins its work. BCODP will be working to persuade the government to bring the schedule forward. Whilst the discussions are welcome, we are not happy that there is little prospect of new legislation before the year 2001 at the earliest.
Working people who are Disabled
WORKING PEOPLE WHO ARE DISABLED
From October 1999 a new Disabled Person's Tax Credit (DPTC) will replace Disablity Working Allowance (DWA) which has too low an earnings threshold for many low-paid workers to claim. The DPTC will raise the net earnings threshold for couples to £90 instead of £77.15 and for single people to £70 instead of £57.85. These are called 'applicable amounts'. If your income is above your applicable amount, you will deduct 55% of your extra income from the maximum DWA for your family with the new DPTC (as compared to 70% with DWA). 70% of child care costs will be paid.
It remains to be seen whether the extra money will be whisked away in the form of decreased Housing Benefit and Council Tax Benefit. From October 1998 people on long-term Incapacity Benefit who move into work will have a year's grace to return to the previous benefit level if the job does not work out. You can also work more than 16 hours on a voluntary basis while still receiving Incapacity Benefit.
THE CAMELOT FOUNDATION
The Camelot Foundation welcomes applications for small grants (usually up to £5000) and they particularly seek applications from organisations controlled by disabled people.
Further information from:
The Camelot Foundation
One Derby Street
London, W8 5HY.
Tel 0171 937 5594
Minicom 0171 937 5471