Blue Badge (disabled parking) scheme eligibility consultation – No Automatic eligibility for Autistic People

Blue Badge (disabled parking) scheme eligibility consultation: summary of responses and outcome

Outcome to the Department for Transport’s consultation on proposals to extend Blue Badge eligibility to people with non-physical conditions.

No Automatic eligibility for those scoring 12 points on ‘cannot follow the route of a journey without another person’ criteria means
most ASC people will not qualify for a Blue Badge under new proposals. Allowing only those that score 10 points automatic eligibility, whilst specifically
excluding those that score 12 points, who paradoxically have greater disability, excludes most people with autism who will score either 8 points or 12 points on this question.
The people who score 12 points are those that can access the motability scheme to get a car but they will not be entitled to a blue badge, whilst those who score 10 points can have a blue badge but no Motability car (making the blue badge useless). Simple rules in Scotland and Wales provide automatic eligibility for 12 points under ‘cannot follow the route of a journey without another person’ criteria but not in England under the Conservative Party which exclude those most in need from any help (as usual), whilst of course claiming they will improve the system to help those with invisible disabilities. A change only forced on the government by an anti-discrimination legal court ruling, not through fairness
or compassion.

PART 2 – EXECUTIVE SUMMARY

7. The Department was delighted to receive over 6300 responses to the
consultation and for the time that individuals and organisations took to provide
considered responses.
8. The Blue Badge scheme plays a vital role in allowing 2.4 million disabled
people in England to maintain their independence through special national
parking concessions. Blue Badges enable their holders to visit their families
and friends, and to access jobs, healthcare and leisure activities.
9. Although the Department considers that people with non-physical disabilities
are not excluded from receiving a Blue Badge, a problem arises from the
wording in the regulations providing eligibility for: “a permanent and
substantial disability which causes inability to walk or very considerable
difficulty in walking”. This does not specify whether the disability is physical or
non-physical – and can therefore be either. However there is confusion
around whether this only means physical difficulty in putting one foot in front
of the other or can include difficulties or challenges when walking, including
safety risks, which may arise from non-physical disabilities.
10. The Government wants to ensure that the rules and guidance are clear. It
wants to give parity of esteem to mental and physical health conditions. It
wants a scheme that is sustainable and works for all who are eligible for it,
whatever their disability. It wants it to be fair, consistent, inclusive and nondiscriminatory.
11. We are delighted that 89% of respondents are, in principle, in favour of our
proposals to amend the eligibility criteria. This support applies to all groups –
local authorities 71%, groups representing disabled people 84%, other
organisations 87% and individuals 89%. The main points raised were more to
do with implementation and consequential impacts. There was a call for
clarification of certain terms and the provision of clear guidance so that local
authorities can administer the scheme consistently. There were also concerns
about administration costs for local authorities, the impact on parking, and
abuse of badges.
12. Based on responses to the consultation, the Department continues to believe
that including people who have very considerable difficulty “when walking” as
opposed to just “walking” as now, will make it clear that people can qualify not
just because of a physical difficulty in walking but for non-physical reason

14. There is one area where the consultation has persuaded the Department to
change its proposals. We had proposed specifically including people who
‘cannot follow the route of a journey without another person’. However, it has
been made clear that this would mean including some people who need
another person with them, but can otherwise physically walk well and also
without psychological distress or challenging behaviours. The Department
believes that where people suffer very considerable psychological distress or
other difficulty when walking, or have a risk of very considerable harm to their
health or safety (including people with dementia), they should be eligible for a
badge. However, where the applicant would not go out alone and the
presence of another person negates the above mentioned issues, then we do
not believe badges should be issued. Needing another person on every
journey does not necessarily equate to needing to park nearby.

15. The primary aim of the scheme is to give disabled people who rely on car
travel but face particular challenges in getting from the car to their
destination, the ability to park close-by. The Department believes the badge
should directly benefit the individual; to ensure the sustainability of the
scheme we do not believe badges should be awarded in situations where the
carer is effectively the beneficiary.

16. For the same reason the Department intends to provide an automatic link to a
badge for people who score 10 points under the ‘Planning and following
journeys” activity of Personal Independence Payment (PIP) because cannot
undertake any journey without overwhelming psychological distress to the
claimant. We had proposed to link to 12 points under this activity, for people
who cannot follow the route of a familiar journey without another person, but
this would include people who do not have very considerable difficulty when
with another person and do not need to park close to where they are going. It
would not be sensible to award an automatic badge in this scenario.

This PIP criterion is not about needing to park a vehicle near to one’s destination. The
Department recognises that some people with significant challenges who
receive different levels of PIP may not have an automatic route to a badge.
This is because PIP and Blue Badge are different schemes that are not
completely compatible. However under our proposed new and expanded
eligibility criteria we are confident that people who experience very
considerable difficulties because of non-physical disabilities will now have a
clear route to a badge following assessment by their local authority.
17. Since 2012, the Government has required that where eligibility against the
walking criterion is not self-evident and an expert opinion is needed to help
determine eligibility, the local authority must use an Independent Mobility
Assessor who is independent of the applicant.
18. Following consultation, the Department continues to believe this role should
be widened. An independent mobility assessor may not be suitable for
certifying whether or not a person’s mental or cognitive disability has the
impacts that would meet the eligibility criteria. In the first place, the assessor
would not be assessing the physical ability to walk. So we believe the
assessor should become an eligibility assessor rather than a mobility
assessor. Furthermore, whereas a person with a physical disability may be
adequately assessed without the assessor having prior knowledge of their
disability, this may not be the case for a person with a non-physical disability.
Often such an assessment would require knowledge of the person’s
functional limitations when outdoors. We are therefore proposing to remove
the requirement for independence, but that does not mean a local authority
should not use an independent eligibility assessor where deemed
appropriate. This will allow the local authority to use a range of suitably
qualified healthcare professionals with specific expertise. The assessor role
does not have to be performed by a specific person – the authority will have
the flexibility to choose who they recognise as being suitable to provide an
expert opinion and it may vary from case to case, so long as the assessor
has relevant qualifications and experience to assess whether or not the
applicant has an enduring and substantial disability within the meaning set
out in the regulations. Respondents called for guidance as to who could fulfil
the assessor role and what qualifications they should have.
19. Respondents also called for clarity on a number of terms used across our
proposals, including “walk”, “journey” and “enduring” amongst others. The
Department will seek to define what these mean in guidance.

Blue Badge consultation: summary of responses and government response

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Blue Badge (disabled parking) scheme eligibility review

Summary

Proposals to extend Blue Badge eligibility to people with non-physical conditions.

This consultation closes at
11:45pm on 18 March 2018

Consultation description
We are proposing changing the eligibility criteria for the Blue Badge scheme to include people with non-physical conditions.

This is part of the government’s objective is to ensure that those people with the greatest need have access to badges, whilst ensuring the scheme remains sustainable.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/675301/blue-badge-scheme-consultation-on-eligibility.pdf

https://www.smartsurvey.co.uk/s/R2OF6/

or

Complete a response form and either

Email to:
bluebadge.consultation@dft.gsi.gov.uk

Write to:
Vida Browne-Campbell
Department for Transport
Traffic and Technology Division
3/27 Great Minster House
33 Horseferry Road
London SW1P 4DR

https://www.gov.uk/government/consultations/blue-badge-disabled-parking-scheme-eligibility-review

DWP presentation on ESA plans ‘confirms worst fears’ about green paper

Ministers have been accused of ignoring a public consultation and ploughing ahead with plans that will make their “fitness for work” testing regime even more stressful and unfair for sick and disabled people.

A presentation delivered by two senior Department for Work and Pensions (DWP) civil servants earlier this month suggests that ministers have decided – as many disabled activists feared after the publication of last year’s green paper – to introduce new benefit sanctions for sick and disabled people with the highest support needs.

The presentation at a DWP “Operational Stakeholder Engagement Forum” appears to confirm that the government had decided how it would reform the system of out-of-work disability benefits before its “consultation” process had finished on 17 February.

The government had claimed that it wanted to make the work capability assessment (WCA) less of an ordeal for claimants, with work and pensions secretary Damian Green telling last October’s Conservative party conference he wanted to support those disabled people who cannot work, and “sweep away unnecessary stress and bureaucracy which weighs them down”.

But slides from the presentation appear to show that his new regime will be even harsher, and that many employment and support allowance (ESA) claimants with the highest support needs and barriers to work will for the first time face having their benefits sanctioned if they do not co-operate with the regime.

The slides show DWP has already begun introducing a compulsory, face-to-face “health and work conversation” (HWC) with a jobcentre work coach that will apply to nearly all new claimants of ESA, weeks or even months before they go through the WCA process to decide whether they are not fit for work and eligible for the benefit.

The presentation says that “vulnerable” claimants will not have to take part in the face-to-face HWC.

A DWP spokesman has told Disability News Service (DNS) that work coaches will be “issued clear guidance on who will be exempted from the HWC” and “will also be able to defer the HWC if the claimant cannot attend due to temporary circumstances”.

But disabled activists have warned that these decisions will be taken by non-medically trained civil servants.

The slides say: “Currently Jobcentre staff do not routinely engage with ESA claimants before the Work Capability Assessment (WCA) which can take place many months into the claim.

“We know that the start of the claim can be a challenging time for claimants and that the longer a claimant is on benefit, the more difficult it is for them to move into employment where appropriate.

“The Health and Work Conversation (HWC) will provide this early support to claimants.”

The presentation said the HWC – which it claimed was co-designed with some disabled people’s organisations – will draw on “behavioural insight techniques and research” to “develop voluntary action plans” and help claimants “move closer to the workplace”.

And it said that all new ESA claimants would have to sign a new “ESA Claimant Commitment”, which would “set out the expectations and legal requirements that claimants will be required to accept in order to receive ESA”.

http://www.disabilitynewsservice.com/dwp-presentation-on-esa-plans-confirms-worst-fears-about-green-paper/

Maximus ‘admits’ using brutal and dangerous suicide questions

BY JOHN PRING ON MARCH 9, 2017

One of the outsourcing giants paid to assess disabled people for their eligibility for benefits appears to have admitted that it is standard practice – approved by the government – to ask claimants with mental health conditions why they failed to take their own lives.

A leading clinical psychologist has warned this week that such questioning “brings huge risks” and is one of the reasons behind the increase in suicides associated with the government’s work capability assessment (WCA) process*.

The admission from Maximus, which carries out WCAs for the Department for Work and Pensions (DWP), came after a disabled campaigner produced a recording of his own assessment.

On the recording, shared with Disability News Service (DNS), a Maximus assessor – an occupational therapist – is heard asking Jonathan Hume a series of questions during his WCA, while typing on a keyboard.

She asks him [his replies have not been included]: “Back to some questions that we have to cover…

“Have you ever tried to harm yourself or take your own life or needed to go to hospital?

“Do you have any thoughts around that at the moment, any intentions or plans to hurt yourself currently?

“When you say desires, how often are you having thoughts like that?

“And what is it that stops you from acting on the thoughts that you have?

“Can you think of any reason that you’re not doing that? Is it friends or family support?”

Hume’s assessment took place in Sunderland last September, and both Maximus and DWP appear to have conceded that the DNS transcription of the questions is an accurate description of what took place.

Hume came forward after fellow disability rights activist Alice Kirby sparked a horrified reaction on social media last week after revealing how the healthcare professional who assessed her eligibility for personal independence payment (PIP) had asked her: “Can you tell me why you haven’t killed yourself yet?”

After she shared her experience, many other claimants came forward to say that they had been asked the same, or a similar, question by their assessors.

Hume said he had raised concerns with Maximus about the questioning by email on the day of his assessment, before he knew the result of his employment and support allowance (ESA) claim.

He told DNS: “As both clinicians and claimants have made clear, the WCA is a hostile, stressful and coercive situation and the carelessness and brutality with which these questions are asked has the potential to do a great deal of harm to vulnerable people, many of whom are already avoiding claiming their rightful benefits due to a system which is degrading and stressful from the first phone call.

“We are forced to justify our very survival in a hostile context to answer questions which are only dubiously related to the legal criteria of ESA.

“Such information, if truly necessary for the claim, could be gained in so many other ways that avoid putting claimants in significant distress and risk, such as written statements from the claimant’s therapists or other carers.

“There are no grounds to continue such questioning.”

Dr Jay Watts, a clinical psychologist and academic, told DNS that people should only be asked about suicidal ideation by a trained professional who can offer help or someone in an “existing trusting relationship with the individual”.

She said that WCAs were “degrading and humiliating experiences for most if not all claimants” and were carried out in a space which was “not a trustworthy one”.

She said: “Individuals are required to parade their distress and feel compelled to answer intrusive questions (for the means to live relies on this).”

She added: “To ask about suicide or self-harm in this context brings huge risks.”

And she said that such questioning “can be suggestive if the environment is unsafe.

“If someone is low or anxious, for example, made to feel they are a ‘skiver’ for needing benefits, an implication that if they were really ill they would have killed themselves can be the final straw. It may lead directly to an attempt on one’s life.”

She said that claimants were “battered with multiple questions about that which is most personal” in disability assessments and questioned about suicide while the assessors are “typing away” on their keyboards.

Watts said: “I have no doubt that questions on suicidal ideation, and the degrading manner in which they are asked, are one reason behind the suicide spike associated with the WCA process.”

She called on Frank Field, chair of the Commons work and pensions committee, to carry out an urgent review of the way disability benefit assessments are carried out.

In a statement, a Maximus spokesman said that its role was “to carry out high quality and sensitive functional assessments”.

He said: “Mr Hulme [sic]contacted us last year and a doctor reviewed the recording of his assessment and the report.

“We are satisfied that the healthcare professional who conducted the assessment did so in line with our policies and guidelines.

“Every healthcare professional we employ is trained to ask people with a mental health condition a series of clinical questions to assess how their condition affects their daily lives.

“The assessment report was passed to the Department for Work and Pensions, who make the decision on eligibility for benefits.”

He had failed to clarify by noon today (Thursday) whether the questions asked of Jonathan Hume were standard questions; if DWP was aware that such questions were being asked in assessments; and whether Maximus and DWP believed that they were appropriate and safe questions to ask of someone in his situation.

Despite requesting a copy of the recording, which was provided by DNS – with Hume’s agreement – DWP also failed to provide clear answers to a series of key questions.

These include whether it accepted that the questions were asked in Hume’s assessment; whether asking such questions was appropriate and safe in an assessment, particularly for assessors who are not trained mental health professionals; and whether these were standard, DWP-approved questions asked of ESA and PIP claimants with suicidal ideation.

Instead, in response to the DNS questions, a DWP spokeswoman said: “We are not aware of any complaints made to DWP on this issue, but would investigate any allegations thoroughly.

“All PIP assessment providers receive training on mental health conditions, including suicidal issues.”

She said that assessors “receive training in order to conduct functional assessments on behalf of the DWP and their training includes conducting a mental health assessment which may, if appropriate, include questions about suicide or self-harm.

“Health professionals are medically qualified professionals and as such, they should have the appropriate skills to enable them to deal with people in a supportive and sensitive way.

“If an individual has mental health issues or a there is an indication of suicidal thoughts or intentions, this will be given careful and sensitive exploration to establish the circumstances.”

She added: “There is a duty of care to act where appropriate, for example if the individual is considered to be in substantial and imminent risk.

“Both the department and our contracted providers have a duty of care where there is any indication or possibility of suicidal thoughts or intentions, and it would therefore not be appropriate to not explore this further.”

Government-funded research by public health experts from the Universities of Liverpool and Oxford concluded in late 2015 that the programme to reassess people on incapacity benefit through the WCA was linked to 590 suicides in just three years. Maximus declined to comment on the research at the time.

 

http://www.disabilitynewsservice.com/maximus-admits-using-brutal-and-dangerous-suicide-questions/

Tories ‘shifting the goal posts’ on disability benefit entitlements, say Labour

Government has rewritten the law to deny higher benefit payments for more than 150,000 disabled people.

Callous Tory ministers have been accused of “shifting the goal posts” on disability benefit entitlements, after it was revealed that the UK Government has rewritten the law to deny higher payments for more than 150,000 disabled people.

Two social security tribunal cases resulted in the government being told to ensure more disabled qualify for Personal Independence Payments (PIP), which would better recognise how their condition affects their ability to live as independently as possible.

PIP consists of two separate components – a daily living component and a mobility element – each paying a standard or enhanced rate, with the enhanced rate paying more than the lower rate.

Claimants are awarded points in each component, depending on how their disability or long-term illness affects them on a daily basis, through an assessment system campaigners have likened to a “tick-box exercise”.

A minimum of eight points are required to qualify for the standard rate of each component, while claimants need to secure at least 12 points for the enhanced rate.

The first tribunal said those who experience “overwhelming physical distress” when outdoors alone, a common and debilitating symptom of severe psychological disorders that can leave sufferers trapped in their homes, should be awarded more points for the PIP mobility component.

An estimated 143,000 sick and disabled people would have benefitted from the ruling, with around half of these qualifying for the enhanced higher rate of £57.45 per week.

The other half would have qualified for the standard rate, currently £21.80 a week. A further 21,000 would have been moved from the standard to the enhanced rate.

A second tribunal said more points should be awarded in the daily living component for those who need help taking medication and monitoring their condition. More than 1,000 people would have benefitted from this decision, if the DWP had accepted it.

The DWP argued that adhering to the tribunal’s recommendations would cost the department an extra £3.7bn by 2022, the Daily Mirror reports.

So rather than accepting the Tribunal’s recommendations, and recognising how those affected incur extra costs as a direct consequence of their illness or disability, the DWP has instead decided to rewrite the law – yes, you read that correctly – thus denying tens of thousands of sick and disabled people the additional financial support they desperately need.

Labour’s Shadow Work and Pensions Secretary, Debbie Abrahams MP, blasted the decision: “Instead of listening to the court’s criticisms of PIP assessments and correcting these injustices, this government have instead decided to undermine the legal basis of the rulings”, she said.

Abrahams added: “This is an unprecedented attempt to subvert an independent tribunal judgement by a right-wing government with contempt for judicial process.

“By shifting the goal posts, the Tory Government will strip entitlements from over 160,000 disabled people, money which the courts believe is rightfully theirs. This is a step too far, even for this Tory government.”

http://www.welfareweekly.com/tories-shifting-the-goal-posts-on-disability-benefit-entitlements-say-labour/

Ken Loach: Tory government ‘callous, brutal and disgraceful’ and ‘must be removed’

Accepting the award for best British film at the Bafta awards in London, the veteran director says politicians speak for corporations – and film-makers must stand with the poor and vulnerable.

Ken Loach has launched an uncompromising attack on the UK government at the 70th British Academy Film Awards.

Speaking as he picked up his award for outstanding British film for I, Daniel Blake, which is conceived as a critique of the current state of the benefits system, Loach touched on accusations by some that his film failed to reflect reality.

Loach thanked his cast and crew, the people of Newcastle and the academy for “endorsing the truth of what this film says, which is that hundreds of thousands of people – the vulnerable and the poorest people – are treated by the this government with a callousness and brutality that is disgraceful.”

Loach continued by making reference to the Tory government’s apparent U-turnon its promise to accept thousands of unaccompanied children fleeing danger in Syria and elsewhere.

“It’s a brutality,” he said, “that extends to keeping out refugee children we promised to help.”

“In the real world,” added Loach, “it’s getting darker. And in the struggle that’s coming between the rich and the powerful, the corporations and the politicians that speak for them, and the rest of us on the other side, the film-makers know which side they’re on.”

Speaking at the press conference afterwards, Loach went further, saying that the government “have to be removed”. He hoped that voters would see his film, but there was little point politicians doing so as “the people actually implementing these decisions know what they’re doing. It’s conscious.”

Their welfare policies, he said, harked back to the Victorian workhouse ethos of telling people that poverty was their fault. “They know they’re doing. We have to change them; they have to be removed.”

https://www.theguardian.com/film/2017/feb/12/ken-loach-governments-treatment-of-refugee-children-callous-brutal-and-disgraceful

Universal credit flaws pushing claimants towards debt and eviction

Recipients falling into rent arrears because of payment delays, forcing them to turn to food banks, Guardian investigation reveals

Thousands of benefit claimants are facing debt, rent arrears and eviction as a result of policy design flaws in universal credit, according to landlords and politicians, who are demanding an overhaul of the system.

They have warned that UC rules that require claimants to wait at least six weeks for a first benefit payment mean many are going without basic living essentials, forcing them to turn to food banks and loan sharks.

Ministers are being urged to slow down the national rollout and to increase support for vulnerable claimants who are struggling to cope with the demands of monthly payments and an increasingly online-only system.

The findings have emerged during an investigation by the Guardian, which has also revealed that:

Eight out of 10 social housing tenants moved on to UC are falling into rent arrears or increasing the level of pre-existing arrears.

Families unable to manage the regulation 42-day wait for a first payment are regularly referred to food banks by housing associations or local MPs.

Some claimants are waiting as long as 60 days for an initial payment because of processing delays on top of the formal wait.

Uncertainty about the system has contributed to a dramatic decline in the number of private landlords willing to take on benefit recipients, even if they are in work.

https://www.theguardian.com/society/2017/feb/07/universal-credit-flaws-pushing-claimants-towards-debt-and-eviction-warning