the Rights of the Disabled Poor

Following the budget announced by Mr George Osborne, and comments made by Mr Ian Duncan-Smith from the department of work, welfare and pension, this site fears that measures aiming at reducing the national deficit will unfairly affect the disabled poor thus undermining the idea of an inclusive "big society"

This charter of rights is non denominational and politically neutral.

By disabled poor we understand people in the UK with disabities in households earning under £23.000 a year, or people in receipt of income support with disability related benefits.


1) Council cuts that affect grants to charities that help the disadvantaged: no!

2) council cuts that reduce the number of facilities for the "genuinely" disabled: no!
3) wheelchair users or people with reduced mobility, and people with mental problems commuting alone on busses - No! - once every so often on public transport OK, but not every day.
4) cutting budget money that was intended for repairs of public facilities and infrastructures : no!
5) The reason why sick people get incapacity benefit is to pay for any extra expenses related to their condition.
6) access for people with reduced mobility (adapted home, which can be a basic council  flat with a lift,  and a shower instead of a bath, an adapted kitchen with perching stools, suitable cooking implements etc
7) some kind of community service that helps them with their groceries - door-to-door service once a week, and mobility implements on the premises of shopping centre - wheelchair trolleys etc
8) staff in the private sector who don't mind giving a hand on premises
9) affordable healthy food, and especially affordable "free-from" foods
10) chemist, cornershop, newsagent within walking distance
11) library, drop-in centre, churches, charities or other facilities - and safe access (no hooligans)
12) CCTV cameras in front of housing estate to prevent loitering by antisocial people
13) accessible advice centre and dedicated social worker,
14) GP that sees them every 2 months or so, and more often when there is a health crisis so that the long-term disabled don't end up waiting in A&E , free medication (repeat prescriptions and medication for minor ailments) , treatment and tests, eyes test, hearing tests.
15) affordable clothing, and appropriate heating.
16) suitable walking implement for people with mobility problems
17) suitable regional infrastructure,
18) activities or training must not cause discomfort
19) access of information, this also means internet connection within walking distance
20) respectful staff who are aware that the disabled poor are not children, underclasses or useless burden. Combat negative stereotyping.

We are aware that there are fraudsters and benefit cheats, but the disabled poor do not want to be scapegoated because of a small minority of cheats. Do not treat us as guilty until proven innocent.

Please support this charter of rights.

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http://www.disabilityalliance.org/esaguide2011.htm

To prepare for the medical examination, you might like to think about:

  • what everyday tasks you have difficulty with, or are unable to do
  • how your illness or disability affects your ability to do the type of work you usually do
  • if you can do more on some days than others, what a typical day is like for you

The interview

The healthcare professional will normally begin by taking a brief history, covering:

  • what you did in your old job, if you had one, including when and why you left
  • a brief medical history including details of treatment, medication and any hospital stays
  • your domestic situation (who you live with, what type of house you live in and so on)
  • how your disability or illness affects your ability to perform everyday tasks
  • an outline of a typical day for you

If you're claiming Incapacity Benefit because of a mental health problem or a physical disability that could affect your mental health, the healthcare professional may ask you about:

  • ability to cope with pressure
  • interaction with other people
  • ability to complete tasks

The physical examination

After the interview, the healthcare professional may decide a physical examination would be helpful. They will explain what is involved first and check that you're happy for the examination to go ahead. It's important to tell the healthcare professional if you feel any discomfort. They will not ask you to carry out anything that causes you discomfort.

The healthcare professional's report

The healthcare professional will complete the report (IB 85) after the medical examination. You will not normally see it before it is submitted to the Department for Work and Pensions (DWP).

You can request a copy of the healthcare professional's report from Jobcentre Plus. It will be sent it to you by post.


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Disability Benefits Consortium

Our purpose

The Disability Benefits Consortium (DBC) is a national coalition of over 30 different charities and other organisations committed to working towards a fair benefits system. Using our combined knowledge, experience and direct contact with disabled individuals and carers, we seek to ensure Government policy reflects and meets the needs of all disabled people.

 Our objectives

The Disability Benefits Consortium is committed to achieving a benefits system that:

  • Upholds the human rights of disabled people;
  • Is informed by the needs and experiences of all disabled people;
  • Is fair in its design and administration;
  • Is transparent and accountable;
  • Fully meets the diverse needs of each disabled person;
  • Supports disabled people to meet the extra costs associated with disability;
  • Reflects the barriers faced by those disabled people seeking to access work;
  • Contributes towards tackling disability poverty and inequality, and interacts with other government measures to achieve this;
  • Tackles stigma surrounding disability benefits and the people that claim them; and
  • Is widely understood and easy to access.

 Contribute to our benefits survey at http://www.surveymonkey.com/s/dbcsurvey



http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Illorinjured/DG_188859

Incapacity Benefit, Severe Disablement Allowance and Income Support paid because of illness or disability are being phased out. All existing claims will be reviewed by Jobcentre Plus, to see if people are capable of work or qualify for other benefits. Find out how your benefit claim may be affected.

What is changing


Sickness/disability Benefits

  • Contributory employment and support allowance for those in the Work Related Activity Group time limited to one year.
  • Removal of disability living allowance mobility component for people in
    residential care.

Social care

  • Disabled Facilities Grants to rise with inflation.
  • Over £6 billion funding for the Supporting People programme over the Spending Review period.
  • Reform of the council housing finance system to build in the resources needed to carry out future disabled housing adaptations required in the council housing stock.

Social housing

  • Future tenants will be charged nearer the going market rate (80%), to release cash for the building programme. The terms of existing social tenancies and their rent levels remain unchanged.

The following benefits are being phased out:

  • Incapacity Benefit
  • Income Support paid because of an illness or disability
  • Severe Disablement Allowance

If you still receive any of these benefits, your claim will be reviewed to see if you are eligible for Employment and Support Allowance.

If you live abroad

You will also have your claim reviewed if you live abroad and claim Incapacity Benefit. Further information on how this will happen and what this will mean for you, will be available from spring 2011.

Who is not affected

This change will not affect you if:

  • you claim Employment and Support Allowance already
  • you are due to reach State Pension age before 6 April 2014

What you need to do

Jobcentre Plus will write to you when your benefit claim is going to be reviewed. Not everyone will be contacted at the same time. This process will start in October 2010 and is expected to be completed in 2014.

Contacting Jobcentre Plus

There is no need to contact Jobcentre Plus.

When Jobcentre Plus first writes to tell you that your claim is going to be reviewed, they will also call you to check that you have received the letter. This will give you a chance to ask questions and to tell them if you need any extra help. 

Until your claim is reviewed you will continue to get your current benefit, as long as you still meet the conditions for that benefit.

How your claim will be reviewed

Questionnaire

Jobcentre Plus will send you a questionnaire to complete. This questionnaire will ask about how your long term health condition or disability affects your ability to complete everyday tasks.

You must complete this questionnaire with as much detail as possible and return it by the date requested. If you do not, your benefit may be affected.

Work Capability Assessment

The information you give will help to decide if you need to attend a face-to-face assessment. This assessment will help Jobcentre Plus find out what you are able to do and whether you might be capable of work.

If you are asked to attend an assessment, you must go and take part fully. If you do not, your benefit may be affected.

What happens after your claim has been reviewed

If you are able to work

If you are found capable of work, Jobcentre Plus will call you to discuss what your benefit options are. They will also write to you.

You may be able to claim Jobseekers Allowance, Income Support for other reasons or Pension Credit. 

If you are entitled to Employment and Support Allowance

If you are entitled to Employment and Support Allowance, Jobcentre Plus will call you to let you know. They will also write to you.

Your benefit will be transferred automatically and there will be no break in the payments you receive. If your existing incapacity benefits are more than the current rate of Employment and Support Allowance, you will receive a top-up payment.

Depending on how severe your disability or health condition is, you will be placed in one of two groups:

  • Work Related Activity Group
  • Support Group

Work Related Activity Group

If you are placed in the Work Related Activity Group, you will get support to help you prepare for suitable work.

Your benefit may be affected if you do not take part in the work-related support.

Support Group

If you are severely disabled or have the most severe health conditions you be placed in the Support Group. You will not be expected to look for work and will get the extra support you need.

You will not have to take up any work-related support unless you want to.

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http://www.disabilityalliance.org/esaguide2011.htm

Employment and support allowance resources page

You can get employment and support allowance (ESA) if your ability to work is limited by ill health or disability. ESA replaced both incapacity benefit (IB) and income support (IS) paid on the grounds of incapacity for new claims from 27 October 2008.

This page is a resource of information available on ESA.

ESA Guide 2011

New ESA Guide - Be first in the queue to order our new ESA guide.The guide covers the new ESA medical test rules and explains how you will be migrated onto ESA from February 2011 if you currently claim incapacity benefit or income support because you are sick. Available for preorder only - Out February 2011.

Disability Alliance factsheets and guides

Disability Alliance news pages

Disability Alliance policy documents

Department for Work and Pensions resources

Law

Parliament

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