Back to top"DIRECTIONS" Issue 36 Spring 2008
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In February, The Rowan Organisation's head office moved to the Eliot Park Innovation Centre in Nuneaton, saying farewell to Rowan House in the village of Ratcliffe Culey after four years of calling it home. The Rowan Organisation started life in 1976 as a small support group for disabled people. It soon developed into a local organisation led by disabled people. The years since have seen the organisation grow to include project teams across England and Wales, which offer local support through local Independent Living Advisors. The head office is home to management, admin, the payroll department, recruitment and the Information Service.
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CHANGES TO THE INDEPENDENT LIVING FUND
The Independent Living Funds have recently announced significant changes to how ILF is awarded. The changes have been made to try and cope with an increasing number of applications. They will come into effect on 1st April 2008. Any applications made before this date will be considered under the current rules.
Under the new system, the ILF will only pay awards from the date the application has been received, instead of backdating to when the claim was submitted. This applies to new applications and claims for a revised award.
Before April 2008, the amount contributed by local authorities was £200. Now, local authorities will have to contribute £320 per week towards the cost of support before ILF can be accessed. This significant increase in local authority contribution is currently the subject of much concern around the country.
For those people who already receive ILF, if the cost of your existing care increases, your local authority won't have to meet the extra cost. However, if your support needs increase and you apply for more help from the ILF, your local authority will have to pay the higher contribution in order for the ILF to consider your application.
People who work 16 hours or more a week, or who receive income support, jobseekers allowance or pension credit will be prioritised under the new system. This is to allow them to continue to help people on low incomes.
The ILF advises you to contact your caseworker if you have any questions about the changes and how they might affect you.
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If you employ PAs or carers, there is important new information that you need to know about employing workers legally.
On 29th February 2008, stricter penalties for people who employ illegal workers came into effect.
Under the Immigration, Asylum and Nationality Act 2006, employers have to make sure they don't employ someone who is not legally entitled to work in the UK. Employing an illegal worker is a criminal offence, and the new measures mean that an employer could be fined up to £10,000 for each illegal worker they employ. This fine can be given even if the employer didn't realise they weren't entitled to work. If an employer knows that they are employing someone who is not legally allowed to work, they could receive an unlimited fine and up to 2 years in prison.
However, there are steps you must take to protect yourself. Ask the applicant to show you proof of their identity and entitlement to work. The Border and Immigration Agency has two lists of documents that are valid as proof. Your applicant should show you one document from List 1 or two from List 2.
Whenever you employ a new PA, you must check that these documents refer to the person you are interviewing, for example do they match their photo and apparent age? You must arrange to copy these documents and keep the copies in a safe place. Doing this will provide you with a 'statutory defence' if prosecuted.
The lists of appropriate documents can be found on the Border and Immigration Agency's website: www.bia.homeoffice.gov.uk . Alternatively you can phone them on 0845 0106677 for advice.
There is also an Employer Checking Service available on their website, that you can use if you are not satisfied with the documents you have seen.
There is also an interactive tool you can use to help check your applicant's status at www.businesslink.gov.uk.
Further information about this is available from the Rowan's Information Service.
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In October 2007, the Department of Work and Pensions announced that carers will be able to earn more money without affecting their benefits.
Before October 2007, carers could only earn £87 per week. Now, they can earn £95 per week (after tax and National Insurance have been deducted) without losing their entitlement to Carer's Allowance.
Currently paid at £48.65 per week, Carer's Allowance is a benefit to help someone who provides care or support to a disabled person. To receive it you must be over 16 years of age and provide care for at least 35 hours a week for someone who receives Attendance Allowance, Disability Living Allowance, Constant Attendance Allowance or Industrial Injuries Disablement Benefit.
The higher weekly earnings mean that more carers will be able to receive Carer's Allowance. This increase is in addition to the annual rise in Carer's Allowance itself.
If you think you qualify for Carer's Allowance, you can contact the Benefit Enquiry Line on: 0800 882200, Textphone 0800 243355. Or, contact the Carer's Allowance Unit on: 01253 856123
Sources: www.direct.gov.uk, www.dwp.gov.uk
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Over the past few years there have been changes in how health and social care services are planned and run. The aim of these changes has been to give more choice and a stronger voice to local people. In 2006, the White Paper "Our health, our care, our say" said that local communities should have more say in the way the health and care system works.
Local Involvement Networks (LINks) are the newest way of involving people. Seven local authorities have been trialling LINks to look at how they will work. From 1st April 2008, all local authorities that have social services responsibilities will have a LINk.
LINks will be made up of individuals and groups from across local communities. The aim of the LINk is to encourage and support people to get involved in how care services are run. They will listen to local people about their needs and experiences in order to change and improve provision of health and social care services.
The LINk will be responsible for promoting the involvement of local people in the planning and scrutiny of local services. They will also allow people to monitor and review the provision of these services and present the views of local people back to the providers.
Possible members of a LINk include patients' groups, advocacy groups, older people's forums, peer support groups and individuals. LINks are intended to bring such community groups together so that they can build on existing work to provide a stronger voice across the health and social care systems.
If you are interested in becoming involved in your Local Involvement Network, please contact your local authority for information.
Source: www.dh.gov.uk
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If you employ staff then you have a legal responsibility under the Employers Liability Compulsory Insurance Act to take out employers liability insurance cover.
This insurance offers protection for you. For example, if your employee is injured whilst helping you, you could be faced with a claim against you. It doesn't have to be your fault. The fact that the employee was injured whilst working for you may be enough for the courts to award compensation to your employee. Similarly, if your employee caused injury to another person outside the home or damaged their property, whilst supporting for you, you may be liable to pay compensation.
Whilst household insurance policies often contain a section covering "liability to domestic employees", this cover is not Employers Liability cover. Such household policies were designed before the passing of the Employers Liability Act and exclude certain of the requirements of that Act. Relying on household policies to cover your employer/employee legal obligations is not recommended and if you do, we advise you to check with the insurer what protection is provided and what is not.
Another insurance consideration is that which relates to employment law. Employees have certain rights under various pieces of employment legislation and it is the employer's responsibility to ensure that these rights are upheld. Failure to do so could result in a claim made against you. Examples here might include unfair dismissal, breaches of the employment contract, issues relating to the Working Time Regulations or National Minimum Wage. In situations where employee rights are breached, the employee could make a claim to a tribunal, which could lead to the employer incurring costs or in the worst case scenario, lead to the employer having to pay compensation.
The choice of low cost employers liability insurance which are specifically designed for direct payments employers is very limited in the UK, although it's a fact that the majority of people use Fish Insurance. Home Care Insurance Services is another company which offers similar cover.
Fish Insurance has recently amended its policy. Now, instead of there being a single policy at a single premium cost (which included Employers liability, Public liability and Personal Accident cover) it has been replaced by a two-tier policy.
The basic policy provides Employers Liability and Public Liability only, at a cost of (currently) £76.65. Full cover (£134.40) however, includes extended employers and public liability, personal accident, a free legal advice helpline, legal expenses cover to resist tribunal applications and cover for tribunal awards and compensation.
At the time of writing this article, it is not clear whether all local authorities (or the ILF, if applicable) will fund the increase (approx £50 per year) to enable a service user to take out full cover from Fish Insurance. If you currently use, or wish to use Fish Insurance, we recommend that you check with your funding authority whether there is any reason why you can't use your direct payments or ILF money to purchase full cover.
Please note: It is important to remember to renew your insurance cover each year if you continue to employ staff. If you require any further information relating to this article, please contact the Information Service at the Rowan Organisation.
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Each year, Mind Week looks at mental health issues and provides mental health service users with a chance to take part in activities around the country.
Mind Week 2008 will run from 10th - 16th May and will focus on poverty, debt and mental health. Topics will include looking at the effect of the cost of Christmas on mental health and how to tackle debt worries.
Mind has been awarded £95,000 by the Financial Services Authority towards a 2008 campaign that will explore the link between debt and mental health.
To find out about events happening in your area, you can contact the MindinfoLine on 0845 766 0163.
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Good news. Adult and children service users in Staffordshire no longer need to complete quarterly summaries, unless requested by the local authority. If this happens they will ask you to send in the necessary paperwork, which may include bank statements, invoices and receipts. Audits will be completed by the Direct Payments Finance Team.
For more information, please contact the Information Service.
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The Individual Budgets Pilot project has been running in thirteen local authority areas since April 2006. It has been looking at testing the combination of a number of funding streams to give a more joined up package of social care support. The funding streams involved in the pilot are Access to Work, Disabled Facilities Grant, the Independent Living fund, Integrated Community Equipment fund, Supporting People fund as well as social care money (e.g. direct payments).
From April 2008, the Social Care Reform Grant will be allocated to local authorities to help transform their social care services.
Are individual budgets the same as direct payments?
Individual budgets build on what works about direct payments and, like direct payments, they are about giving people more choice and control. A person could get their individual budget as a direct payment. So what are the differences?
Can Individual Budgets improve the care system without putting in additional investment?
Evidence from the pilots suggests that people can get support that works better for them if the person, and those around, can be more involved in designing something that suits them and if the resource can be used more flexibly than it does at the moment. The Individual Budget pilots will look at this on a larger scale. Whether the individual budget approach can be delivered within existing resources will be one of the main questions the evaluation of the pilot projects will be answering.
Source: By permission from the Care Services Improvement Partnership; www.individualbudgets.csip.org.uk.
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FREE DIRECTORY ENQUIRIES SERVICE
British Telecom offer a free Directory Enquiries service for people who have difficulties reading or handling the Phone Book.
Individuals who register with the service are given a PIN number, which allows them to use Directory Enquiries free of charge instead of the usual 49p per minute. It also allows you to receive bills in alternative formats and use the call return service, 1471, free of charge.
To register, phone 195 and talk to one of the operators about your needs. They will assist you with the application process, which includes having the application signed by a health professional. You will receive a card with your PIN number on it. Next time you need a phone number, phone 195 and give them your PIN. The operator can then tell you the phone number or connect you directly.
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CRIMINAL RECORDS BUREAU DISCLOSURE
For safeguarding purposes, it is important to check the suitability of people you want to employ, especially if they are going to work with children. This is done through the Criminal Records Bureau.
A CRB check looks at all criminal convictions, even those that are spent. It also checks the applicant against various lists to make sure they aren't banned from working with anyone. These lists include the Protection of Vulnerable Adults Register as well as lists held by the Department of Health and the Department of Education and Skills.
Most local authorities provide a CRB check for Direct Payments users who are employing someone to work with children or vulnerable adults. However, The Rowan Organisation can do this for people who can't have a check done by their local authority. The completed form is sent to The Rowan Organisation along with a payment, which can normally be paid out of Direct Payments. An authorised counter-signatory checks the application and receives the results of the disclosure when it is complete. For legal reasons, the counter-signatory can't tell you the details of the person's conviction, but they can tell you whether a candidate is suitable for the role.
When you interview for a PA, please ask your local authority for details on how to apply for a check or whether you can use the Rowan Organisation to do this.
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From time to time we get questions from people who need help with transport. If you need support to get out and about, one thing you can consider is to use volunteer drivers. Volunteer drivers are available through Community Transport Schemes or you can ask somebody you know to help out.
If you decide to use someone you know you need to bear certain things in mind. It is a good idea to draw up a volunteer agreement. This is states what you expect of them and what they will get in return from you. The Volunteering England website has examples.
The volunteer needs to have a full, valid UK driving licence, preferably without any points. The car must be fully taxed and have an MOT certificate. The driver also needs to ensure they have the right insurance.
When arranging insurance, the driver needs to have a minimum of Third Party cover. This covers injury to other people including passengers and damage to other property. However, Volunteering England recommends that they have a higher level of insurance, such as Comprehensive cover, as this offers more protection. The driver must also inform their insurance company that the car is being used for volunteering purposes. This shouldn't increase their premium, but some insurance companies may charge a small fee for changing the policy.
If you take on a volunteer, you can pay their expenses. The approved, tax-free amount is currently 40p per mile to cover the cost of petrol. If you give them more than this, it may be seen as a profit, which would affect their insurance policy and can mean that they are subject to tax.
If you choose to use a Community Transport Scheme instead, they will ensure that the volunteers are fully insured. You will need to tell them in advance where and when you want to travel. Some schemes require you to pay a small registration fee, while others ask you to pay a contribution towards mileage costs. This may be about 30 - 40p per mile. For details of Community Transport Schemes in your area, please contact your local council.
For more information visit: www.volunteering.org.uk or phone Volunteering England's Information Service on 0800 028 3304.
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Joe Carroll of Warwickshire writes about his experience of Direct Payments
Taking The Plunge
"Following a trauma injury and months of rehabilitation, I found myself in the unenviable position of requiring a high degree of practical assistance for many of the daily living tasks that most people ordinarily take for granted. Finding out what help was available after hospital discharge became a top priority.
Options for a stimulating and fulfilling future looked a little bleak as the thought of engaging in activities with an assistant or enabler seemed totally at odds with a previously happy and independent existence. I didn't realise it at the time but the reality of having a PA or enabler was light years away!
I recall the NHS and Social Services seemed the 'catch all' organisations for disabled people with practical or special 'needs', certainly for those who wanted to live in their own home. There didn't appear to be any alternatives and it wasn't until some time later that the Crossroad care scheme came into existence, along with an assortment of private care agencies and a new progressive initiative, Direct Payments.
After referral to the Social Services an individual from the department arrived with an Occupational Therapist to discuss and assess what support would be required. In due course NHS care assistants arrived one morning and later in the day Social Services.
The help arrived punctually and on a daily basis, a combination of NHS, Crossroads or Social Service assistants doing all the necessary. I've been fortunate, most all of the people involved have been first rate and did a tremendous job. However time was always an issue, there was never enough of it. What became obvious was the complete lack of time for anything other than the very rudiments of daily living tasks. It is desirable to be well fed and have a clean home but there is, and should be, more to life. I required more time to do other things. People need to be stimulated, recharge batteries, nourish the spirit and generally engage with life. One cannot fulfil those criteria by merely sitting at home.
Eventually it was clear change was required and so after a 'tip off' The Rowan organisation was contacted for their advice and expertise and a meeting duly arranged. After much discussion, guidance and encouragement by the knowledgeable Rowan representative, and 'cutting to the chase', Direct Payments was introduced.
I now manage a budget and have become an employer, scary! It is a steep learning curve getting to grips with the finer points but once mastered, very straightforward. The Rowan Organisation is there to guide, thankfully! With DP you can make choices about who you employ and when.
Suddenly there is time to do other things, activities of all kinds can now be pursued. I attend to my affairs these days when it suits me, now that is novel! I have dedicated assistants who enable me in all kinds of areas, whether at home or outdoors. With DP there is now a real sense of liberation that didn't exist with the previous and more traditional care system; this then surely has to be the way forward for many who are in need of care and assistance.
Living with a disability is problematic enough without having to compromise constantly due to lack of time to do anything other than simply exist, thank goodness for Direct Payments. So why did I wait so long before taking the plunge!"
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MEMBERSHIP OF THE ROWAN ORGANISATION
The Rowan Organisation is a registered charity and not for profit organisation. It is a user-led organisation and the majority of Board members are disabled people, as are a number of our operational staff. Membership of the Rowan Organisation is open to all service users and it's free !
Ordinary members receive a summary of the quarterly Board meetings, are entitled to attend and vote at the AGM and also have the chance to become a Board Member themselves.
Board membership offers an exciting opportunity to travel and meet up with others. Service user members who are elected on to the Board, influence the management and direction of the organisation. Board membership offers a mix of business and social elements and all reasonable travel, accommodation and other expenses are paid for by the Rowan Organisation.
If you are interested in applying for ordinary membership, with the chance of becoming a Board member, please contact the Rowan Organisation at Head Office on 01827 718972 or send an email to the Rowan Organisation's Information Service, who will provide further information.
The following further information may help you to decide to become a member:
Mission Statement
"The Rowan Organisation exists to provide disabled people with access to information and support in order that they can make informed choices and be in control of their lives".
Vision Statement
"A society that is fully inclusive in which the barriers, whether environmental, attitudinal or institutional, that prevent disabled people from having equality of opportunity have been removed."
In providing services we advocate the following Principles:
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