Archive for the ‘Welfare Benefits’ Category

Social Welfare: Client Update – Budget 2010

Wednesday, July 14th, 2010
In light of the recent budget, many people will be affected by the welfare changes, particularly the disabled.
The fact that Disability Living Allowance claimants will face medical tests in future will place further stress on disabled people, particularly those with mental health conditions.
To be assessed for Disability Living Allowance, the claimant has to have medical evidence to back up their claim.
The loss of a Disability Living Allowance award can have a severe effect on many other benefits, including premiums for Income Support, Jobseeker’s Allowance, Incapacity Benefit, Housing and Council Tax Benefit, Social Fund payments and Carer’s Allowance.  Many people rely on the Motability car, available via Disability Living Allowance, to get about.
Another point of note from the budget is that the government have stated that, from October 2010, 10,000 Incapacity Benefit claimants per week will be moved onto Employment & Support Allowance.  If these claimants fail the Employment & Support Allowance test, they will find themselves claiming Jobseeker’s Allowance instead.
We consider that society has a duty to protect the disabled.
Any cuts in Housing Benefit will obviously have an effect on people.  For example, a single, unemployed claimant without children will have to make up the shortfall out of their £65.45 per week unemployment payment.
Finally, the freezing on Child Benefit for 3 years will have an effect on many people, particularly combined with the announced rise in VAT.
In light of the recent Coalition Budget, many people will be affected by the welfare changes, particularly the disabled.
The fact that Disability Living Allowance claimants will face medical tests in future will place further stress on disabled people, particularly those with mental health conditions.
To be assessed for Disability Living Allowance, the claimant must have medical evidence to back up their claim.
The loss of a Disability Living Allowance award can have a severe effect on many other benefits, including premiums for Income Support, Jobseeker’s Allowance, Incapacity Benefit, Housing and Council Tax Benefit, Social Fund payments and Carer’s Allowance.  Many people rely on the Motability car, available via Disability Living Allowance, to get about.
Another point of note from the Budget is that the Government have stated that, from October 2010, 10,000 Incapacity Benefit claimants per week will be moved onto Employment & Support Allowance.  If these claimants fail the Employment & Support Allowance test, they will find themselves claiming Jobseeker’s Allowance instead.
Society has a duty to protect the disabled.
Any cuts in Housing Benefit will obviously have an effect on people.  For example, a single, unemployed claimant without children will have to make up the shortfall out of their £65.45 per week unemployment payment.
Finally, the freezing on Child Benefit for 3 years will have an effect on many people, particularly combined with the announced rise in VAT.
Contact John Grady, Senior Welfare and Benefits Advisor at Gregory Abrams Davidson LLP on 0151 236 5000 for guidance on UK Welfare and Benefits issues including: Disability Living Allowance, Income SupportJobseeker’s AllowanceIncapacity BenefitHousing & Council Tax BenefitSocial FundCarer’s AllowanceMotabilityEmployment & Support AllowanceHousing Benefit.

Care Costs for the Elderly: Obey the Law Health Trusts!

Friday, January 22nd, 2010

A recent case of three families having to fight tooth and nail to reclaim the care home costs for relatives suffering Alzheimer’s and Parkinson’s will be greeted with incredulity. English law, as set out in a Court of Appeal ruling a decade ago, states that residential care costs of a chronically sick person should be paid by the state. It seems that this ruling is being regularly flouted by health trusts.

In one of these cases, that of Judith Roe, the trust argued (shamefully) that Alzheimer’s was a “social” not a medical condition. Mrs Roe’s family then faced a six-year battle to win justice, which they did – but not before Mrs Roe’s home had to be sold to cover care costs. Her family has now been fully reimbursed following the intervention of the Health Service Ombudsman. The other cases are similar.

It would be some consolation to know that these cases are an aberration, but they are not. A further 750 families are challenging similar rulings. It prompts the unfortunate suspicion that for some health trusts, bending the rules to save money is routine. It should not be left to the families of the elderly or the infirm to have to fight the NHS for justice.

Care for the elderly is expensive and is going to get more so because of our ageing population. It is time that the NHS organised its priorities to take account of that fact. If the money isn’t there, then Parliament must change the law… It is totally unacceptable for health trusts to wriggle out of their legal responsibilites towards the most vulnerable people in society.