"I am worried that the Disability Living Allowance Review is unfair as the form is tailored towards physical disabilities only-not Mental Illness, HIV/AIDS, Cancer sufferers, nor does it take into account the side effects of the medication on their general health.
Not only will people lose entitlement to Incapacity Benefit, their free travel. motability vehicle but also the Severe Disability Premium of Income Support so they will be forced into the utmost poverty, which can do nothing but harm their condition.
Employers will be reluctant to offer work due to the necessity of frequent hospital visits, periods of admission and bouts of prolonged ill health.
I would ask you all to support this petition in the hope this review is reassessed and to endorse the TCell campaign."
From the main www.hivbenefits.co.uk website.
Friday, 25 April 2008
Thursday, 24 April 2008
Thanks to ....
On behalf of all the Disabled Community affected by the issues surrounding Disability Living Allowance.
We thank :
Actor & Director - Doctors, The Bill, EastEnders & Grange Hill.
for signing the 10 Downing Street petition on the Right Payment Program.
As always I link the name of our public supporters & friends to a site where you can see their body of work. Please take a moment to look.
Also I will add them, with their consent to the "Friends & Supports" page of the main www.hivbenefits.co.uk website.
Wednesday, 23 April 2008
All Party Parliamentary Group on AIDS.
I have heard back from this group today.
"I just wanted to let you know that I had a very comprehensive read of your excellent website - it is a brilliant source of information from the front line. I am in contact with a number of organisations about the DLA issue and that I will be discussing it with Baroness Masham, who you wrote to. What we may end up doing is to write to the relevant Minister asking for improved services to soften the blow for people whose benefit levels are lowered and to help them find sustainable incomes. However we are gathering evidence from as many groups as possible first. I will keep you in touch."
I responded,
"Writing to the relevant minister as you describe is welcome. Thank you.
However I would draw particular attention to the process itself. It is not consistent or equitable in its application. We know it is prone to error.
Only yesterday. Some one asked me if the DWP could go straight to his GP ignoring that he has also given them information on his consultant. He has seen his GP on a very irregular basis over many years. I was asked if they could do this. Apart from an undertaking by the DWP that they would always in the first instance seek a medical report from the HIV consultant. http://www.dwp.gov.uk/medical/med_conditions/hiv-aids/sources_of_ev_hiv_aids.asp further clarifies this action.
He is to get back to the DWP and ask why they are ignoring there own “Sources of Evidence” guidance in his case.
This is just one of many comments I get about the process.
Yes some will not be entitled to the same rates. However this is questionable as we know some, unable to fight for there entitlements. Are to frightened to challenge initial decisions."
"I just wanted to let you know that I had a very comprehensive read of your excellent website - it is a brilliant source of information from the front line. I am in contact with a number of organisations about the DLA issue and that I will be discussing it with Baroness Masham, who you wrote to. What we may end up doing is to write to the relevant Minister asking for improved services to soften the blow for people whose benefit levels are lowered and to help them find sustainable incomes. However we are gathering evidence from as many groups as possible first. I will keep you in touch."
I responded,
"Writing to the relevant minister as you describe is welcome. Thank you.
However I would draw particular attention to the process itself. It is not consistent or equitable in its application. We know it is prone to error.
Only yesterday. Some one asked me if the DWP could go straight to his GP ignoring that he has also given them information on his consultant. He has seen his GP on a very irregular basis over many years. I was asked if they could do this. Apart from an undertaking by the DWP that they would always in the first instance seek a medical report from the HIV consultant. http://www.dwp.gov.uk/medical/med_conditions/hiv-aids/sources_of_ev_hiv_aids.asp further clarifies this action.
He is to get back to the DWP and ask why they are ignoring there own “Sources of Evidence” guidance in his case.
This is just one of many comments I get about the process.
Yes some will not be entitled to the same rates. However this is questionable as we know some, unable to fight for there entitlements. Are to frightened to challenge initial decisions."
Tuesday, 22 April 2008
Useful report from the PSI (Policy Studies Insitiute)
PSI undertakes and publishes research studies relevant to social, economic, industrial and environmental policy. The Institute is a charity, run on a not-for-profit basis. In 1998 it merged to become an independent subsidiary of the University of Westminster.
PSI takes a politically neutral stance on issues of public policy and has no connections with any political party, commercial interest or pressure group.
Reported on "The take-up rate of Disability Living Allowance and Attendance Allowance: Feasibility study" in August 2007.
Some of the points covered maybe of interest to you if you want to understand more about DLA.
PSI takes a politically neutral stance on issues of public policy and has no connections with any political party, commercial interest or pressure group.
Reported on "The take-up rate of Disability Living Allowance and Attendance Allowance: Feasibility study" in August 2007.
Some of the points covered maybe of interest to you if you want to understand more about DLA.
Monday, 21 April 2008
Thank you to Baroness Masham of Ilton.
Further to the letters written after the House of Lords debate on HIV/AIDS.
Today I received a very supportive letter from Baroness Masham of Ilton.
She was one of the members who had taken part.
To quote her first paragraph,
"I am very concerned that individual people with long-term conditions, not only HIV/AIDS are not getting the help and support they should. I know from personal experience of the problems people with HIV can have. Everyone is an individual"
Baroness Masham is going to ask Baroness Thornton to look at the issues and acknowledges we have also written to her. Also she is sending a copy of our letter to the All Party Parliamentary group on HIV/AIDS prior to their next meeting that she is due to attend.
On behalf of us all, we very much appreciate your support here. I will also write to thank her.
Thank you.
Today I received a very supportive letter from Baroness Masham of Ilton.
She was one of the members who had taken part.
To quote her first paragraph,
"I am very concerned that individual people with long-term conditions, not only HIV/AIDS are not getting the help and support they should. I know from personal experience of the problems people with HIV can have. Everyone is an individual"
Baroness Masham is going to ask Baroness Thornton to look at the issues and acknowledges we have also written to her. Also she is sending a copy of our letter to the All Party Parliamentary group on HIV/AIDS prior to their next meeting that she is due to attend.
On behalf of us all, we very much appreciate your support here. I will also write to thank her.
Thank you.
Sunday, 20 April 2008
Effects of "10p" starting rate Tax Changes.
From the BBC News web story -
EFFECTS OF TAX CHANGES
Winners:
Losers:
EFFECTS OF TAX CHANGES
Winners:
- Most people/ with incomes of £18,000+
- Under £18,000 but aged 65+ and therefore eligible for higher personal allowances
- Under £18,000 but with young children and therefore eligible for child tax credits
Losers:
- Under £18,000 and ineligible for working tax credits because under 25
- Retired early and therefore ineligible for higher personal allowances
- Part-timer working insufficient hours to qualify for tax credits
- Different personal circumstances may affect final amounts
If your DLA Personal Care is reduced to Medium or Lower Rate.
If your DLA personal care is reduced from "higher rate". There are implications for other benefits you receive. Many carry disability components that you may loose. You also loose your exemption to having your Incapacity Benefit reviewed and become eligible for the Personal Capability Assessment. Information gathered as a result of any reassessment of Incapacity Benefit is shared with and may have an impact on your DLA. The information is shared.
With the introduction of the Employment & Support Allowance in October 2008. Incapacity Benefit will be replaced. If you are down graded as described above. You will become eligible for reassessment for this benefit. Initially you will simply move across to this benefit. Then by April 2010 the government want to have reassessed all these claims that simply moved across.
Reducing DLA personal care from the "higher rate" of personal care. Seems to be a mechanism to facilitate the re-assessment of those currently on Incapacity Benefit as the new system "beds in". These re-assessments will happen over time.
The assessments under the Employment & Support Allowance are more focused on what you can do? rather than what you cannot do?. Again any information gathered here may have an impact on any DLA award you have at the time.
I do not mean to cause worry. There are many changes in the pipeline. I just wanted to re-iterate the impact both today and moving forward. So you are aware.
With the introduction of the Employment & Support Allowance in October 2008. Incapacity Benefit will be replaced. If you are down graded as described above. You will become eligible for reassessment for this benefit. Initially you will simply move across to this benefit. Then by April 2010 the government want to have reassessed all these claims that simply moved across.
Reducing DLA personal care from the "higher rate" of personal care. Seems to be a mechanism to facilitate the re-assessment of those currently on Incapacity Benefit as the new system "beds in". These re-assessments will happen over time.
The assessments under the Employment & Support Allowance are more focused on what you can do? rather than what you cannot do?. Again any information gathered here may have an impact on any DLA award you have at the time.
I do not mean to cause worry. There are many changes in the pipeline. I just wanted to re-iterate the impact both today and moving forward. So you are aware.
Thursday, 17 April 2008
Confusing letter from the DWP.
The DWP are sending out the annual letter telling you of your entitlement. My partner received one today. I know someone else has added a comment to a previous post on this.
Having submitted his DLA556 over a month ago he hoped it was his decision. He was panic stricken whilst opening it.
Addressed from "DLA SR Pilot Team"
It says the "Amount of money we pay you is going up" and mentioned indefinitely.
I asked him to give the DWP a call to confirm IF this letter was notification of his award that is expected.
Alas, NO. It was just the yearly letter sent out at the beginning of every financial year. His decision should be due in a few weeks.
Understandably he was upset and took some time to calm - medication helped.
It would have been a good idea if the DWP had inserted a note that this wasn't a decision that that would arrive in a separate letter.
So we continue to worry.
If you need clarification of any letter the DWP send you. Ring them and ask them. They are happy to clarify.
Having submitted his DLA556 over a month ago he hoped it was his decision. He was panic stricken whilst opening it.
Addressed from "DLA SR Pilot Team"
It says the "Amount of money we pay you is going up" and mentioned indefinitely.
I asked him to give the DWP a call to confirm IF this letter was notification of his award that is expected.
Alas, NO. It was just the yearly letter sent out at the beginning of every financial year. His decision should be due in a few weeks.
Understandably he was upset and took some time to calm - medication helped.
It would have been a good idea if the DWP had inserted a note that this wasn't a decision that that would arrive in a separate letter.
So we continue to worry.
If you need clarification of any letter the DWP send you. Ring them and ask them. They are happy to clarify.
Community Legal Advice
My situation & DWP mental health.
This relates to my personal circumstances and yours maybe different.
I asked why they had not approached other doctors mentioned on my DBD551.
Response,
" You question why the DBD551 makes no reference or referral to your mental health.
The DBD551 is our inital enquiry form which requests information with regard to your current disabilities, medication and names/addresses/consent to contact any medical profession that you are currently seeing. On receipt of your completed DBD551 we subsequently contacted "my HIV consultant.""
I further note,
"The information provided in the HFR from "my HIV consultant" provides sufficient medical evidence to aid us in our decision making process. If you feel that we would benefit from any other information please feel free to provide this at your earliest convenience"
I have written back again asking why they are ignoring the medical information & consent given to approach other specialist consultants dealing with other medical HIV related issues I have. Surely having given all the current medical information and details of who to approach. I would have thought the DWP would have sought full medical reports in order to reach a proper decision based on ALL the medical information they requested and is available to them.
I know this might cause you to worry. I apologise if it does. I post to make the situation clear and create awareness.
I asked why they had not approached other doctors mentioned on my DBD551.
Response,
" You question why the DBD551 makes no reference or referral to your mental health.
The DBD551 is our inital enquiry form which requests information with regard to your current disabilities, medication and names/addresses/consent to contact any medical profession that you are currently seeing. On receipt of your completed DBD551 we subsequently contacted "my HIV consultant.""
I further note,
"The information provided in the HFR from "my HIV consultant" provides sufficient medical evidence to aid us in our decision making process. If you feel that we would benefit from any other information please feel free to provide this at your earliest convenience"
I have written back again asking why they are ignoring the medical information & consent given to approach other specialist consultants dealing with other medical HIV related issues I have. Surely having given all the current medical information and details of who to approach. I would have thought the DWP would have sought full medical reports in order to reach a proper decision based on ALL the medical information they requested and is available to them.
I know this might cause you to worry. I apologise if it does. I post to make the situation clear and create awareness.
My situation & DWP forms don't fully deal with AIDS/HIV health issues.
This relates to my personal circumstances and yours maybe different.
Prompted by Johnny, this confirms his experience. Also given the general criticism that the forms we are asked to complete are not specific enough to those with AIDS/HIV.
The reply from the DWP was
"You state the the DBD551 and DBD556* do not properly deal with all the health issues that you have in relation to your AIDS/HIV diagnosis.
The aforementioned enquiry forms are representative of customers with disabilities of all types and not specific to AIDS/HIV customers. You are entitled to present information with regard to the needs arising from your disabilities in any way which is suited to you. For example you may wish to send in a daily diary or forward a letter. However, page 9, 26 and 31 of the DBD556* are provided for you to include any other information about the problems you experience day to day"
** Remember any other method you use to submit information must include information on how you cope during the day and at night. Use the forms as a guide. **
* I think this is merely a "typo" and it means DLA556. I have written to seek clarification.
I understand if you have diabetes and make an application for DLA there is a specific form form for this condition. I await confirmation from the DWP. Clearly this begs the question why there cannot be a form tailored more specifically to AIDS/HIV.
Call the DWP to ask if they will accept information in another form. On the rare occasion I have called them I have found them to be helpful.
Prompted by Johnny, this confirms his experience. Also given the general criticism that the forms we are asked to complete are not specific enough to those with AIDS/HIV.
The reply from the DWP was
"You state the the DBD551 and DBD556* do not properly deal with all the health issues that you have in relation to your AIDS/HIV diagnosis.
The aforementioned enquiry forms are representative of customers with disabilities of all types and not specific to AIDS/HIV customers. You are entitled to present information with regard to the needs arising from your disabilities in any way which is suited to you. For example you may wish to send in a daily diary or forward a letter. However, page 9, 26 and 31 of the DBD556* are provided for you to include any other information about the problems you experience day to day"
** Remember any other method you use to submit information must include information on how you cope during the day and at night. Use the forms as a guide. **
* I think this is merely a "typo" and it means DLA556. I have written to seek clarification.
I understand if you have diabetes and make an application for DLA there is a specific form form for this condition. I await confirmation from the DWP. Clearly this begs the question why there cannot be a form tailored more specifically to AIDS/HIV.
Call the DWP to ask if they will accept information in another form. On the rare occasion I have called them I have found them to be helpful.
My situation & DWP time period for claims.
This relates to my personal circumstances and yours maybe different.
The DWP advise that the normal period it takes to review is 12 - 14 weeks to complete.
However they rely on how long it takes for the claimant to return the forms. Also how long it takes your doctor to complete and submit any medical report. At present doctors are inundated with these requests in addition to there already full workload.
Mine started in December 2007.
The DWP will give you an extension in time if you need it to complete any form. Just give them a call and ask.
The DWP advise that the normal period it takes to review is 12 - 14 weeks to complete.
However they rely on how long it takes for the claimant to return the forms. Also how long it takes your doctor to complete and submit any medical report. At present doctors are inundated with these requests in addition to there already full workload.
Mine started in December 2007.
The DWP will give you an extension in time if you need it to complete any form. Just give them a call and ask.
My situation & DWP legislation used
This relates to my personal circumstances and yours maybe different.
I asked under what piece of legislation this review was taking place.
Reference was made to the Disability Living Allowance Advisory Board (DLAAB) and the report on "special rules".
Reply,
"You query the use of the law, the use of the DS1500 and the review itself. We are permitted to review benefit under Regulation32 (1) of the Social Security (Claims and Payments) Regulations. Although your claim for benefit was awarded for life does not exclude it from any future reviews that we wish to undertake. Further information with regard to reviews is also provided in the annual uprating letters that you should have prevously recieved. The DS1500 refers only to your original application in 199x and will not form part of the current review"
The "uprating letters" are those you receive, yearly. Detailing your award and the levels it is paid at.
I also asked if this review. Given the stress it puts many under doesn't contrivene the Human Rights Act.
Reply,
"This review complies with legislation including the Human Rights Act."
I asked under what piece of legislation this review was taking place.
Reference was made to the Disability Living Allowance Advisory Board (DLAAB) and the report on "special rules".
Reply,
"You query the use of the law, the use of the DS1500 and the review itself. We are permitted to review benefit under Regulation32 (1) of the Social Security (Claims and Payments) Regulations. Although your claim for benefit was awarded for life does not exclude it from any future reviews that we wish to undertake. Further information with regard to reviews is also provided in the annual uprating letters that you should have prevously recieved. The DS1500 refers only to your original application in 199x and will not form part of the current review"
The "uprating letters" are those you receive, yearly. Detailing your award and the levels it is paid at.
I also asked if this review. Given the stress it puts many under doesn't contrivene the Human Rights Act.
Reply,
"This review complies with legislation including the Human Rights Act."
My situation & DWP omitted Viral Load
This relates to my personal circumstances and yours maybe different.
I asked the DWP why they had omited my viral load on their Doctors Medical Opinion.
The response
"I acknowledge the importance of he recording of the viral load data, however the fact it has been omitted from this document will not affect the decision making process"
I asked the DWP why they had omited my viral load on their Doctors Medical Opinion.
The response
"I acknowledge the importance of he recording of the viral load data, however the fact it has been omitted from this document will not affect the decision making process"
Forums on main website.
I would draw your attention to two posts in the Forum section on http://www.hivbenefits.co.uk
If you can help please post a reply.
If you can help please post a reply.
Body fat, Wasting & Lipodystrophy
If you suffer with facial or buttock wasting you may be interested in the website http://www.facialwasting.org
Tuesday, 15 April 2008
Midweek Group. - Thank you.
The Midweek Group is a group of gay HIV+ men that meet on a monthly basis. To discuss issues, provide peer support etc.
I was invited to join the meeting this evening to talk and answer questions on the DLA review.
Thank you to the organizers and participants for this opportunity that I hope was beneficial.
For details of the group & if you would like to attend see http://www.midweeklondon.org
I was invited to join the meeting this evening to talk and answer questions on the DLA review.
Thank you to the organizers and participants for this opportunity that I hope was beneficial.
For details of the group & if you would like to attend see http://www.midweeklondon.org
Pro Bono legal help needed.
If you are a fully qualified solicitor or barrister with experience in Welfare Law. If would be willing to offer your services on a "Pro Bono" basis we would like to hear from you.
Thank you,
john@hivbenefits.co.uk
Thank you,
john@hivbenefits.co.uk
Quiet for a few days.
Been a little quiet over the few days for personal reasons. Have managed to write some more letters. Will post more information during the week.
Please feel free to comment and/or email me.
Thanks,
John.
Please feel free to comment and/or email me.
Thanks,
John.
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