Category Archives: Uncategorised

Disabled Man Hopes To Challenge Benefit ‘Hospital Rule’

Another benefit rule which makes little sense for many reasons.

But one of the reasons it is there to offset double charging for while in hospital it is deemed that the hospital will provide all means of care so therefore there should be no costs for any other person to do so. However, this does not take in to account persons with Complex needs, whereby care needs to be provided by someone who really knows the person.

But is it really cost effective, as how many instances does this occur in, and in doing so is the cost of stopping the benefit and then recommencing more than paying the benefit double.

Then in this instance when the usual care is required in order to to stop suffering for the cared for person to be present, then it needs to be paid but there are no mechanisms to do so, so this requires and urgently requires a change in the payment rules. For it would not be cost effective and again no mechanism to do so for the hospital to take over payment to the carer.

What also needs to be considered as by not paying a carer what is the carer supposed to do, for they will most likely not be able to care for themselves without the payments and may need to start caring for another person and therefore not be available when the original person is eventually to be discharged from hospital. So then is the person discharged without suitable care being there, or not discharged thereby retaining a bed from being freed for another patient.

The common thought that care can be provided by anyone is is very misunderstood, for in most instances, if not all, it is not true, that is for good quality care to be provided. To get someone will take time and then to be well trained even more time, so discharge could be delayed for months.

Care is very skilled to do it correctly, again not fully realised if realised at all by many, especially the Government who make up all this ridiculous rules and regulations, without any consideration for the carers and those being cared for.

All this , also assumes that there are sufficient people available to do care which there is not again down to the Government in many ways, some which are

great insufficiency of investment in care

this also does not provide sufficient funding for a sufficient salary to be paid to the carer for providing care

lack of reasonable terms and conditions of employment for carers

restrictions in UK Immigration policies to allow more persons to enter the UK to be employed in the care profession

plus much more

Everything is against carers and care being provided of good quality and sufficient remuneration, so the care for are being abandoned by not only this Government all all previous Governments and this and those other Government should be ashamed and made accountable for their inactions with regards to care and allowing carers and the cared for to suffer.

Same Difference

A disabled man who had his welfare benefits paused when he spent more than 28 days in hospital, is hoping to challenge the rule in court.

Cameron Mitchell, 20, from Carlisle, cannot walk or speak, and has seizures. He spent 128 days at the Royal Victoria Infirmary.

Current rules mean he lost his payments while still needing carers, and he has applied for a judicial review.

The Department for Work and Pensions has been contacted for a comment.

‘Needs don’t change’

Mr Mitchell receives Personal Independence Payment (PIP) and his mother and carer – Nicola Clulow – receives a Carer’s Allowance.

Under current regulations, known as the “hospitalisation rule”, a person’s entitlement to their benefits is suspended if they have received care in hospital for more than 28 days.

Legal firm, Leigh Day, has applied for a judicial review – where a judge considers the lawfulness of a decision or…

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Search Finally Begins For Claimants Owed Up To £16,000 In PIP Back-Payments

Well it is about time, for if this was in reverse the DWP would have been requesting repayment, like yesterday.

But that is unfortunately how it is, but should not be, for these payments are a lifeline for all these claimants and what happen s if they are already deceased for those payments should be due to their estate and paid accordingly to whom their estate was addressed to. But that will nit happen, but it should and what was the result with any investigation of why the DWP got it all so wrong in the first placed, no accountability at all.

Same Difference

With many thanks to Benefits And Work.

A year after we first wrote about it, the DWP have finally begun a search for PIP claimants owed up to £16,000 in PIP back payments.

This latest review follows a supreme court decision in July 2019 which found that the DWP had not been awarding the correct points to some claimants with mental health conditions who need prompting or social support to engage face-to-face with other people.

Back on 17 September 2020 the DWP announced that they were now following the decision of the supreme court and that they would be reviewing awards made between 6 April 2016 and 17 September 2020 to identify claimants owed money.

But it has taken another full year before Therese Coffey finally announced last week that the review had begun

Amongst PIP claimants who may have missed out are:

people who have regular meetings with a…

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How councils are failing to amend social care charging systems deemed unlawful by High Court | Community Care 

Again it is the poor and disabled who are left to suffer, those who can least afford it.

Social Care has never been sufficiently funded, for it has always been the poor relation of health.

Then after 10 years of austerity cuts and now costs related to COVID, virtually all councils are in a bad financial position and many in very dire situations and they have to achieve balanced budgets, otherwise the Government could and most likely will send in people to take over the responsibilities.

So councils are taking advantage of where they feel they can save on costs, when effectively no savings can be made.

Many of the problems in social care have been exacerbated due to the financial situations of councils, but they are left to shoulder the blame when it should be down to the Government.

There is also the public conception of social care, for many do not see the need for it, that is until they have a need for it themselves.

The media, also do not tend to be in support of social care, until there is a a situation occurring where the lack of social care is the prime cause, but then again the council is blamed not the Government for their total approach for underfunding councils.

A new approach to social care has been promised for as long as I can remember, but when change eventually comes will it make it worse or better.

You only have to look at all the Government interventions in health to see change is not always good for those who are in receipt of it.

 

Source: How councils are failing to amend social care charging systems deemed unlawful by High Court | Community Care

Major changes to PIP, DLA and Attendance Allowance will begin over the next two years – Daily Record

Yes, major changes are required, but these should be to make life better for claimants and not worse, as is usually is the case.

People go on benefits because they have to in order to live, if there was any other choice

You could well say, what about benefit fraud, well, as a percentage it is minimal, so that is no excuse to make it difficult to claim.

What is required is for the system to be made simpler, say only one instance of inputting information for all benefits, instead of the continual requirement to input the same or similar information into every single claim.

The benefit assessors also need to be more acceptable of claimants, instead of the apparent way now in that all claimants have to prove they are not fraudsters while even going through the benefit process, as many assessors appear to take great delight in declining claims than approving them.

The processing time also needs to be considerably reduced.

 

Source: Major changes to PIP, DLA and Attendance Allowance will begin over the next two years – Daily Record

Oxford Covid jab less effective against South African variant, study finds | World news | The Guardian

As the article and AstraZeneca states the Oxford/AstraZeneca vaccine has a reduced efficiency to the South African mutation where the mutation is causing mild to moderate conditions, not not where these are severe. Mutations are continually occurring and at any time any of the vaccines could have a reduced efficiency to some of the mutations,

However, I would mention that this is not a reason to avoid certain vaccines or even all of them, as should you get COVID, who’s to say  what variant of COVID you may get and it is better to have some resistance, rather than none.

All the vaccine manufactures will be constantly monitoring the COVID strains and will thereby working to improve their vaccines, so it could mean, as well as having the current vaccine, then you could have a booster vaccination some months later.

It also needs to be taken into consideration that the increasing take up of having the vaccines, will, when the majority of people have been vaccinated will mean COVID will have a very limited opportunity to mutate so that any vaccines efficiency will be maintained for longer.

However, as there could well be some mutations, however, limited, that regular vaccinations for COVID, perhaps, on a yearly basis, will be required to ensure contracting COVID will be minimised.

This is to some extent evident with reference to flu, where a vaccination is required on a yearly basis, but this does not stop a spike of flu infections around December/January, but this year there has been a much larger take up of the flu vaccination. This and the Coronavirus social restrictions could well be the reasons that this year the spike in persons contracting flu and also leading to hospital admissions have been very few when compared to previous years.

So please do not refuse your COVID vaccination when requested to do so, as your refusal could well mean that COVID is around for longer than it need be.

Source: Oxford Covid jab less effective against South African variant, study finds | World news | The Guardian

Merry Christmas one and all.

A good Christmas to you and yes, the benefits system is not good for anyone, which is a deliberate act by this Government and many before them. Is it that these Governments want the benefit system to fail, so that more problems have to be taken on by persons who need benefits to exist.

Perhaps these Government do not want people to exist, but to go past existing and be deceased, for then they would not need benefits.

But you may say no Government would do this, put it is occurring before our eyes.

This is further compounded by the state of Social Care, which is in a very serious crisis, due to many years of serious underfunding. In the last decade due to austerity cuts imposed on Local Authorities, by many previous Tory Governments and now by the considerable costs due to COVID-19.

This and many other Governments have promised to solve the crisis in Social Care, but while this and the other Governments dither, the social care crisis goes deeper and deeper into crisis, causing people in need of social care to receive no care or insufficient.

This coupled with the insufficient welfare benefits causes persons in need to decline even further, but still no reactions from this Government.

Yes, they are dealing, or are they dealing with COVID-19, as some of the actions, or more inactions relate to the latter, so many will say they have no time to solve the crisis in Social Care.

Well people will be right on one thing that the Government do not have the time, but not because of COVID-19, for if it was not COVID-19 there would be another excuse for this Government does not care.

The UK population has to do all they can to bring a caring attitude in to this Government and to help, I created the petition, Solve the crisis in Social Care, https://you.38degrees.org.uk/petitions/solve-the-crisis-in-social-care.

More supportive information can be seen at, https://1drv.ms/w/s!Aq2MsYduiazgoEy6ROxeV0abd2mT?e=7xypqe.

If you believe in miracles, then by supporting this petition it could ‘kickstart’ the Government into action, perhaps, not only to solve the crisis in social care, but also to improve the welfare benefits.

The poor side of life

Dear readers I write this blog on Christmas Day, a day when people are expected to celebrate and be happy.

Sadly because of the government’s cruel Universal Credit system and the torturous PIP and ESA DWP ‘medical’ assessments thousands of people won’t be able to celebrate, cook a Christmas dinner and exchange gifts.

This year is tougher than normal because we are still in the middle of a pandemic that the government is trying it’s best to ignore.

Today the UK’s official Covid death toll has surpassed 70,000 on as 570 more people died today.

Let that sink in 570 people have died from Covid 19 on Christmas day. Also a total of 70,000 people have died as a result of Covid 19.

Meanwhile the government continues to ignore this, they just don’t want to know and they certainly don’t want to help.

70,000 families will be grieving as will…

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Retired nurse arrested for trying to take 97-year-old mum out of Yorkshire care home | Yorkshire Post

While the use of any force is never justified, I do feel the care home were also not justified in calling the Police, as this was a matter for discussion, rather than legal action.

The care home should have been more understanding of the needs of all concerned and if action is required then action through the Mental Capacity Act (MCA) needs to be considered by referring to Deprivation of Liberty Safeguards (DoLS)

However, this would take time and time is not could well be limited, certainly within the current climate.

If, I wish to be cynical, was the care home more concerned about some loss of funding, when the actual, Best Interests decisions relating to Tina Thornborough.

 

Source: Retired nurse arrested for trying to take 97-year-old mum out of Yorkshire care home | Yorkshire Post

Social Care Sector COVID-19 Support Taskforce: final report, advice and recommendations – GOV.UK

I have had a brief look at this report and came across this comment in the Corporate report, Social Care Sector COVID-19 Support Taskforce: final report, advice and recommendations

Published 18 September 2020

in the section, Workforce and family carers

‘There are 1.5 million people working in social care, providing care and support in, or from, 38,000 settings. A total of 1.25 million people are in direct care roles. Of this group, 865,000 are care assistants. This group is mainly paid at, or close to, the Living Wage. There are 36,000 registered nursing jobs, 35,000 of which are with nursing care home providers.’

Here it appears great care has been taken over the statement, especially when it states ‘Living Wage’, for which Living Wage are they referencing as there are 2.

Is it the National Living Wage or the Real Living Wage, please see https://www.livingwage.org.uk/what-real-living-wage

For as you can see there is a tremendous difference, especially for those under 25 years.

The comment  ‘mainly paid at, or close to, the Living Wage’ is certainly contentious, for with the National Living Wage, this is deemed to be the legal minimum rate, so what does ‘close to’ mean. Is it close to below the rate, which would be illegal.. Now, if they are referring to the Real Living Wage, then I would certainly dispute this. For in my own investigations it should state mainly paid at, or just above, the National Living Wage, for I find there are very few paid at the Real Living Wage.

I personally employ 2 ladies to care for my own daughter through a Direct Payment from our Local Authority (LA) and they only get £9.00, which the LA agreed I could pay from 1 April 2019, previously they were on £8.00 from August 2015. A request was sent for them to be paid the Living Wage from November 2016, but the LA did not agree until June 2019, being backdated to 1 April 2019, being the Real Living Wage from November 2018, nearly 3 years for the agreement.

In March 2020 I put in another request to pay them £9.30 from 1 April 2020 and still waiting for a reply, in fact no one in Sheffield who employs their own carers through a Direct Payment from Sheffield City Council has been granted a rate increase. As the council do not have records of who pays what, it is highly likely that some persons may be being paid below the National Living Wage, which, of course, it is illegal to do, as not every person employing carers is so knowledgeable with regards to rates of pay.

I am, currently, on a sub-group looking into the aspects of rates of pay for carers.

So, I do dispute this comment in the report and if, I looked into the report further there could well be other areas to dispute.

This is a national disgrace, which lead me to create the petition, Solve the crisis in Social Care, https://you.38degrees.org.uk/petitions/solve-the-crisis-in-social-care.

Some further information can be found at Solve the crisis in Social Care.

Even then, those mentioned are only some of the problems of which there are many more due to the neglect of finance and others areas which have not been reviewed.

 

Source: Social Care Sector COVID-19 Support Taskforce: final report, advice and recommendations – GOV.UK

ABSENCE OF VITAL RESPITE CARE IS POTENTIAL DEATH SENTENCE FOR FAMILY CARERS, SAYS REVITALISE CEO JAN TREGELLES

Yet another whip to use on persons with disabilities in the UK for when it comes to it this current Tory Government will go to any lengths to make the lives of persons with disabilities and their unpaid family carers, not only unbearable, but to create the greatest possible strain on their respective lives.

The stresses were already so great on unpaid carers as though the £130 billion they save the UK is not worth mentioning.

Until all persons with disabilities and their respective unpaid family carers are removed from life, this Tory Government will not be satisfied.

For this Government have done all that is possible and some that you would have thought was impossible, to make life so unbearable for persons with disabilities that early death is the only possible outcome.

This Government and the buffoon Boris are a perfect example of the ‘3 Wise Monkeys’, https://en.wikipedia.org/wiki/Three_wise_monkeys.

They see death as the best way to reduce the costs of welfare benefits and the reliance on Social Care and the increased costs to the NHS.

For whatever other explanation is there for the total disregard this Government and many previous Governments have for the continuation of Social care within the UK.

It was being run on a ‘shoe string’ well before the austerity cuts imposed on Local Authorities, then the 10 long years of austerity, followed by COVID-19 and the eventual Coronavirus Act 2020,https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted.

The temporary suspension of the regulations of the Care Act 2014 and various legislation relating to Children, meaning Local Authorities could not be deemed responsible for lack of ‘Duty of Care’ to those in need of care, when the need of care was increasing considerably.

If it has not resulted in sufficient deaths what will this Government put in force next, would they even enforce ‘compulsory Euthanasia’.

I would not put anything on this Government enacting.

Bringing public attention to all of this is a matter of priority and supporting my petition, Solve the crisis in Social Care’, https://you.38degrees.org.uk/petitions/solve-the-crisis-in-social-care, may be a start

You can see more information at https://1drv.ms/w/s!Aq2MsYduiazgnyRlynJVialZTGY8?e=8IrvJG, but this is just a small part of what is wrong with Social Care, but it should be enough to create change.

Yet another whip to use on persons with disabilities in the UK for when it comes to it this current Tory Government will go to any lengths to make the lives of persons with disabilities and their unpaid family carers, not only unbearable, but to create the greatest possible strain on their respective lives.

The stresses were already so great on unpaid carers as though the £130 billion they save the UK is not worth mentioning.

Until all persons with disabilities and their respective unpaid family carers are removed from life, this Tory Government will not be satisfied.

For this Government have done all that is possible and some that you would have thought was impossible, to make life so unbearable for persons with disabilities that early death is the only possible outcome.

This Government and the buffoon Boris are a perfect example of the ‘3 Wise Monkeys’, https://en.wikipedia.org/wiki/Three_wise_monkeys.

They see death as the best way to reduce the costs of welfare benefits and the reliance on Social Care and the increased costs to the NHS.

For whatever other explanation is there for the total disregard this Government and many previous Governments have for the continuation of Social care within the UK.

It was being run on a ‘shoe string’ well before the austerity cuts imposed on Local Authorities, then the 10 long years of austerity, followed by COVID-19 and the eventual Coronavirus Act 2020,https://www.legislation.gov.uk/ukpga/2020/7/contents/enacted.

The temporary suspension of the regulations of the Care Act 2014 and various legislation relating to Children, meaning Local Authorities could not be deemed responsible for lack of ‘Duty of Care’ to those in need of care, when the need of care was increasing considerably.

If it has not resulted in sufficient deaths what will this Government put in force next, would they even enforce ‘compulsory Euthanasia’.

I would not put anything on this Government enacting.

Bringing public attention to all of this is a matter of priority and supporting my petition, Solve the crisis in Social Care’, https://you.38degrees.org.uk/petitions/solve-the-crisis-in-social-care, may be a start

You can see more information at https://1drv.ms/w/s!Aq2MsYduiazgnyRlynJVialZTGY8?e=8IrvJG, but this is just a small part of what is wrong with Social Care, but it should be enough to create change.

 

 

Same Difference

A press release:

Government guidance is making emergency respite care impossible 

Pressures on unpaid home carers, nursing and caring for a seriously ill or disabled loved one, 24 hours a day, have become intolerable.

This is the consequence of the emergency Coronavirus Act which has allowed Local Authorities to axe their duty of care responsibilities towards the disabled and the elderly. As a result, desperate families have been stripped of valuable home and community support at a time when they need it most.

For 57 years, Revitalise has provided respite care breaks to a huge range of people. These are a vital lifeline to so many unpaid home carers and their disabled family members.

At the start of the pandemic, the Government abandoned care homes completely. Now, in trying to rectify this, they have imposed blanket 14-day isolation guidelines for anybody entering any care setting. These are indiscriminate and prohibit…

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