Wednesday 18 January 2012

PIP and passport benefits - who are the losers?

Now that the transfer from DLA to PIP is pretty much a done deal, with tweaks likely at committee stage but otherwise leaving up to half a million of us out in the cold with a loss of vital benefits.

It's not rocket science to see that many of those who will lose out are going to have to make stark choices about food or heating, not buying essential equipment or important extras not available on prescription, or having to forgo the motability car they were saving for.

But there are other, unforeseen, side effects of this hateful, unwanted legislation. People who are removed from DLA and fail to make the transfer to PIP because they won't clock up enough points on the tick-box assessment won't just lose the money - they will also lose their eligibility for passport benefits.

Passport benefits are extra benefits you can only access if you are already receiving DLA. The most well known ones are the Disabled Rail Card and the concessionary bus pass issued by local authorities.

For some people who are too disabled to use public transport (but not, apparently, disabled enough to qualify for PIP), the loss of access to concessionary transport may be irrelevant.

But it will be a huge blow to wheelchair users who use accessible buses and trains, as well as those with limited mobility on foot who need access to public transport. People with epilepsy will also lose out heavily because they are the main group among disabled people who are not medically fit to drive. Many people with far more disabling conditions can still drive themselves in adapted vehicles and can go pretty much anywhere they please. People with uncontrolled epilepsy are completely dependent on public transport and taxis.

I had a good look at the PIP case studies yesterday, particularly studying the one about a woman with epilepsy. Looking at the points allocation, I'm fairly sure I won't qualify for PIP even though I have a lifetime award for DLA. I get DLA because preparing and cooking a meal unaided is very risky for me (I once almost burnt down my former partner's house because of this - it was a miracle the house hadn't gone up completely in flames by the time he got home), likewise going out unsupervised is also risky because of the possibility of having a seizure while crossing the road.

These are the risks people with epilepsy face daily if their seizures aren't controlled fully by medication and this is why they qualify for DLA (not all people with epilepsy qualify) and why, through receipt of DLA, we qualify for travel concessions.

However, concessionary bus passes in England and Wales are issued by local authorities and it's quite literally a postcode lottery, as LAs can set their own criteria for eligibility. Most require proof that applicants receive DLA, such as a copy of the award letter. For disabled people living in those local authority areas, the loss of the bus pass will be a bitter blow. It will certainly severely limit my ability to get around as much as I'd like to and I live in an urban area with a very frequent bus service passing my home. In rural areas, where they may be only one or two services a day, disabled people will suffer severe isolation.

Likewise, eligibility criteria for the Disabled Rail Card, which gives a third off rail travel for the holder and a travel companion, vary depending on the type of disability but again most categories require proof of receipt of DLA.

Loss of access to the trains and buses (and also the Tube, trams and local area trains on the bus pass in London and Manchester) will seriously hinder disabled people's ability to get around - to go to work, to socialise, even to get to the shops - and participate fully in society.

And of course, loss of disability benefits means people will have no spare cash to pay for expensive taxis instead. Before I moved house, I worked out I was spending most of my monthly DLA on taxis because it was too dangerous to walk home from the bus stop in the evenings in my neighbourhood unless I was willing to take a one-mile detour.

For many people loss of access to cheap or free travel could be even worse than the loss of the cash benefit itself.

Maria Miller has promised that we won't lose out, but can we trust her claim that the government is working with local authorities and National Rail? I for oneam not holding my breath...

22 comments:

  1. IIRC, to be eligible for a Freedom Pass (London-wide concessionary public transport pass) you don't have to be in receipt of DLA if the DVLA has deemed you unfit to drive.

    "7) People who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their application refused pursuant to section 92 of the Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol."

    From : http://www.londoncouncils.gov.uk/services/freedompass/eligibility/

    So for people with uncontrolled or partially controlled epilepsy, if the DVLA would deem you unfit to hold a license, you'll still get the pass.

    ReplyDelete
    Replies
    1. just what I was about to say!

      People with Epilepsy WONT loose out on travel concessions such as Bus, Train (Tram) and Coach.

      It's up to what the DVLA say "if you can drive or not".

      I have Epilepsy too. My Consultant told me to contact DVLA. DVLA told me that I had to fill in a Medical form (which they check with your NHS consultant), and that I had to re-apply for a driving license. This license would be "revoked" by the DVLA under the Road Traffic Act, which states:

      People who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their application refused pursuant to section 92 of the Act (physical fitness)

      You then receive a letter back from the DVLA, stating that the license has been revoked, due to a medical condition, and they will list the condition "epilepsy" on the letter.

      With this letter, you take it to your local council, and fill in the application form for a Bus pass concession. It's against the law for them to not recognise that you have Epilepsy.

      ----

      Just FYI, if you live in Manchester, contact the council office rather than the manchester travel office!

      Here's what Manchester Council say on their website:

      link: http://www.manchester.gov.uk/site/scripts/documents_info.php?categoryID=200078&documentID=2510&pageNumber=4

      Many disabled people are entitled to either free or concessionary travel permits, depending on their impairment. This includes mobility impairments, people without speech, and those who would be refused a driving licence on the grounds of medical fitness.

      Contact:

      Greater Manchester Passenger Transport Executive - GMPTE
      2 Piccadilly Place
      Manchester
      M1 3BG

      Phone - 0161 244 1050

      ----

      hope this helps?

      Delete
    2. In Manchester, all concessionary travel applications are handled by Transport for Greater Manchester (TfGM - formerly GMPTE). The council doesn't handle it all and anyone who enquires will be redirected to TfGM.

      Delete
  2. Great. Back to being housebound - not seen, not heard.

    And I trust Ms Miller about as far as I could throw her (but if I could do that I'd be eligible for NOTHING). Oh well, may as well give it a go anyway.

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  3. Robin, yes that's true for people with epilepsy, but many other categories of disability DO require proof of DLA, as I started above. Also, I've had a look at the Disabled Rail Card site just now and if you renew online, you only need to quote your railcard number and input your name and address, then pay up. This means those of us who already have a railcard are probably ok as we can just renew it every year/3 years. Newly disabled people claiming PIP will not be so lucky if they are turned down.

    For the bus passes, it will be a lottery, as I said - here in Manchester Transport for Greater Manchester (TfGM) has 8 different forms for claiming a concession pass, for example - which one you get depends on the kind of disability you have as the tick boxes vary and so do the criteria. But all require receipt of DLA - I had to supply a copy of my AED prescription, a copy of my DVLA letter saying I'm unfit to drive and also a copy of my DLA award letter. It will vary for other LAs, but most do require proof of DLA.

    ReplyDelete
    Replies
    1. I had a 'Disabled Railcard' a few years ago when receipt of Incapacity Benefit acted as a 'passport'. Then for reasons I did not investigate IB was removed as passport qualification. When I attempted to renew it online, the system informed me that I had to make contact with them to discuss my renewal, or words to that effect, it's a while ago now. At the time, I did not have a critical need for a railcard as I didn't travel by Rail with any frequency so I didn't make that contact.

      So when PIP replaces DLA, existing cards based upon DLA 'passport' may well require a new passport qulaification on renewal.

      Delete
    2. I think it's too early to predict - the details of PIP have not been set out yet. I think it's clear that people who are successfully transferred to PIP will continue to be eligible for concessionary transport.

      Those of us who *already* have a disabled rail card should have no problem renewing it. It may be an issue for new claimants of PIP but we don't know yet - I'm expecting it will be though.

      For buses, as before it will be down to criteria set out by LAs - this is where I expect there to be problems too as bus passes are normally only issued for a fixed period, usually 3 years. I'm not sure what LAs require for renewal. Some will probably have a simple renewal form to complete just asking the holder to confirm they are still entitled. Others may well want the holder to resubmit all the proof of eligibility.

      It's a case of wait and see at the moment.

      I will blog again on this when there is more news.

      Delete
  4. People with Epilepsy WONT loose out on travel concessions such as Bus, Train (Tram) and Coach.

    It's up to what the DVLA say "if you can drive or not".

    I have Epilepsy too. My Consultant told me to contact DVLA. DVLA told me that I had to fill in a Medical form (which they check with your NHS consultant), and that I had to re-apply for a driving license. This license would be "revoked" by the DVLA under the Road Traffic Act, which states:

    People who, if they applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, would have their application refused pursuant to section 92 of the Act (physical fitness)

    You then receive a letter back from the DVLA, stating that the license has been revoked, due to a medical condition, and they will list the condition "epilepsy" on the letter.

    With this letter, you take it to your local council, and fill in the application form for a Bus pass concession. It's against the law for them to not recognise that you have Epilepsy.

    ----

    Just FYI, if you live in Manchester, contact the council office rather than the manchester travel office!

    Here's what Manchester Council say on their website:

    link: http://www.manchester.gov.uk/site/scripts/documents_info.php?categoryID=200078&documentID=2510&pageNumber=4

    Many disabled people are entitled to either free or concessionary travel permits, depending on their impairment. This includes mobility impairments, people without speech, and those who would be refused a driving licence on the grounds of medical fitness.

    Contact:

    Greater Manchester Passenger Transport Executive - GMPTE
    2 Piccadilly Place
    Manchester
    M1 3BG

    Phone - 0161 244 1050

    ----

    hope this helps?

    ReplyDelete
    Replies
    1. In Manchester, all concessionary travel applications are handled by Transport for Greater Manchester (TfGM - formerly GMPTE). The council doesn't handle it all and anyone who enquires will be redirected to TfGM.

      Delete
  5. I worked on contract on the IT for the implementation of the English National Concessionary Travel pass so know about about this subject. I also have epilepsy.

    For English Local Authorities the Transport Act 2000 sets out minimum eligibility and pass usage conditions. Local authorities can then provide additional benefits over and above the national minimum (e.g. trains and trams, additional hours of operation etc.) but usually these are for their own residents only.

    Pass holders from outside a local authority area usually have only the statutory minimum usage rights.

    The only local authority with an exception to this that I know of is South Yorkshire who allow any English pass, including London, on their tram network (see supertram.com) and disabled (but not OAP) passes may be used free at any time of day on buses and trams.

    Minimum national criteria includes if the DVLA deems you (or would deem you if you applied) unfit to drive but you don't need a DVLA letter to get this. A doctor's or neurological nurse's letter is accepted by most authorities.

    The minimum eligibility criteria under the act are:

    1. Registered blind or partially sighted.
    2. Severely or profoundly deaf
    3. Without speech
    4. Disability or injury which has a substantial and adverse effect on ability to walk
    5. Loss of the use of both arms or without arms
    6. Learning disability
    7. Would be refused a licence to drive a motor vehicle, or have had a licence withdrawn, on the grounds of physical fitness, other than on the ground of persistent misuse of alcohol or drugs.

    The statutory minimum pass usage is free travel on local buses in England only (defined as a service with stops no more than 15 miles apart) between 9.30am and 11pm Mon-Fri and any time Sat, Sun and public hols.

    Local buses includes many express services but not National Express and other long distance coach operators. The half price concession on the latter was withdrawn by the Government in October 2011.

    Different rules apply in Scotland, Wales and Northern Ireland laid down by their own Governments.

    ReplyDelete
  6. Statutory minimum criteria and usage explained on Direct Gov.

    http://www.direct.gov.uk/en/TravelAndTransport/Publictransport/BusAndCoachTravel/DG_10036264

    One point Louise on proof. There were some major issues on this in 2008 when the national smartcard scheme was introduced and it is only up to you to prove you are ineligible to drive.

    You don't need to have to apply for a licence, in fact the DVLA complained in 2008 that they had been inundated with applications from people who where clearly ineligible just to get proof and it was wasting resources.

    Since that LAs usually accept a letter from a doctor or neurology specialist nurse. This may cost you although but some councils will reimburse the cost. DfT guidance sent to LAs in 2008, which I had sight of, is clear on this.

    A person with a heart condition which prevents them driving probably wouldn't get DLA but is entitled to a bus pass by law anywhere in England. If TfGM are insisting on a DLA letter to prove you can't drive then I suggest you take the matter to the local Government Ombudsman. TfGM's website just says "have been or would be refused a driving licence for medical reasons." page link http://www.tfgm.com/content.cfm?subcategory_id=6114923

    ReplyDelete
  7. I'd add that how much you get charged before 9.30am on weekdays also varies from LA to LA. Here in Manchester it was an 80p flat fare, even if you had to change buses - following the council spending cuts (and subsequent knock-on effect to our transport authority, which processes the passes), that was changed on 1 April 2011 and it's now the standard half-fare based on distance. I think most LAs charge a half-fare before 9.30.

    ReplyDelete
  8. John, the DLA proof in Manchester, is just proof you are disabled - it's a separate requirement from ineligibility to drive. But, as you point out, I'm sure that TfGM would back down if challenged on that one. They are just very bureaucratic when it comes to applying.

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  9. In Cheshire it's half fare before 9.30am and free until midnight, not 11pm. We also allowed cross border travel to and from Wales on the same terms. An additional concession for blind people only is free travel at any time of the day including dial-a-ride.

    These benefits are only available to Cheshire pass holders. Pass holders from other local authorities have only the minimum eligibility within England only.

    It is enforced as the majority of buses here have smartcard readers fitted. (Sorry that is my fault, I worked on the systems)

    Louise, I'll speak to a friend at the Council here and see I can get hold of the DfT guidance to LAs that you can then wave under TfGM's nose if needed.

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  10. there was talk of taking it to court of human rights can anyone shed anymore light on this please

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  11. Thanks, John, but this not an issue specific to TfGM - it concerns ALL local authorities in England.

    ReplyDelete
  12. I know I'm a bit late, and also digressing slightly...

    My main concern about losing DLA/not qualifying for PIP (which, for me, is practically a given - I'm currently on low rate care and mobility), aside from the obvious financial loss of the actual benefit, is the effect that loss will have on the other benefits I'm currently entitled to. Without the "disability premium" qualification that comes with receipt of DLA, I will no longer qualify for housing benefit. To qualify for any working tax credits under the current system, I will have to increase my work hours by 50% and cross my fingers I don't relapse. Average income, should I manage to sustain the extra work hours, will drop by around £100p/w (or over £5000p/a. Or way over a third of my current income.). If I cannot manage to work longer hours, I will have approx £540 a month (20 hours p/w at minimum wage) to pay for everything...

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  13. Looks like there's a lot of us in the same boat then. I've checked the points system and there's no way I'm going to qualify for PIP even though I have severe pain walking and am on higher rate mobility for life. I'll be around £350 a month worse off and won't be able to afford to eat. But at least the government's figures will look nice and rosy though.

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  14. I work 20 hours per week, term-time only, at roughly £8 per hour. I am a lone parent, my ex has nothing to do with our son (including not paying maintenance)and my closest family are 225 miles away from me. In addition to my epilepsy I have other health issues but these wouldn't help me to gain PIP either. There doesn't seem to be any clear official information about how PIP will affect those with epilepsy and also the resulting effects on passport benefits, for example, tax credits. However, the new tests look almost exactly like those used for ESA. Therefore, anyone other than those with the most severe forms of epilepsy are unlikely to receive PIP. Taking the record of this Government into account - no changes are likely to be made to passport benefits to provide help which is not related to being able to claim PIP - even if DVLA or GP/Neurologists have evidenced issues in writing. I will lose about £120 per week as a result of not receiving the disability component of working tax credits and DLA. I will continue to have transport difficulties but will not be able to scrape together enough money to use taxis and the bus service is useless and a challenge if I have no help. There really will be no point in me going to work as I will not be able to afford to pay the bills - although it will do my diet good as I won't be able to afford to eat. Best buy my son some very thick jumpers as I won't be able to heat the house either. Apparently we're all scroungers though so the media and the public will be happy that the welfare bill will go down.

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  15. I am a lone parent with epilepsy and with a number of other health conditions. Under the new PIP assessment it will be extremely unlikely that I will receive PIP. I currently get DLA and when I am working I also get the disability component of working tax credit. However, if I don't get PIP then I lose the DLA money, this tax credit will go, as will the bus pass and the small amount of council tax benefit I currently receive. Since my job is 20 hours per week, hourly paid (£8)and term-time only (not as long a contract as schools because I work at a college) then I will be £127 PER WEEK down. My son and I will have to live on £160 per week (before tax, NI and pension)to live on for 36 weeks of the year and fresh air thereafter! There will be no heating on this year and I will ask for thick jumpers for my son for Christmas. On a more positive note I won't be eating so it will do my diet good!

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  16. I should be angry but nothing surprises me with Governments - particularly this one. They have whipped up public and media hate for anyone claiming any kind of benefit - apparently we are all just a bunch of scroungers whatever the reason.

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  17. This is already causing me to have anxiety attacks: I have complex partial seizures which have never been controlled and I'm terrified of the changes that PIP will cause. On top of the epilepsy I also have depression and anxiety - if I lose DLA, I might as well be dead.

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