stalwart
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RE:Access to Work
(Date Posted:27/08/2011 9:57 AM)
UUrban, who said this? As long as the PA has the correct insurance they can take you around without any other license. I was a taxi driver for many years so I do know the law re this. If, however they offered to take non-clents they would need not only a license for themselves but also have to be accepted and fulfil the LA regs for hackney/private hire vehicles.
How do you think carers working for an agency can take clients around?
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UUrbanblues
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Score:1387
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RE:Access to Work
(Date Posted:27/08/2011 10:14 AM)
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UUrbanblues
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Score:1387
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RE:Access to Work
(Date Posted:27/08/2011 10:26 AM)
This 'ruling' does seem odd. Why stop at Access to Work journeys? What's to differentiate between my PA driving me to the shops; or driving me to a union meeting; or driving me to the hospital; or driving me to the swimming pool...
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stalwart
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Score:854
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RE:Access to Work
(Date Posted:27/08/2011 10:49 AM)
This is just another "jobsworth" misinterpreting new regulations to scaremonger.
The change came about because when "mini-cabs" had to be licensed in London, some firms tried to pull a fast one and used the "contract" clause to try to carry on without being licensed. Rail companies also tried this to use PHVs instead of Hackneys at station ranks. They failed!
Instead the laws re this have in fact become more relaxed (to the detriment of taxi drivers) by allowing drivers to "car share" and even charge non-car owners a mileage fee. The rule always used to be "for profit or advantage"
In fact if you decide not to pay your PA a mileage rate or one less than 40p (for the first 10,000 miles then 12p per mile) they can claim the difference back from HRMC via self-assessment.
I think the National Law outranks Bye Laws. No matter what council officials think!!
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UUrbanblues
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Re:Access to Work
(Date Posted:27/08/2011 11:11 AM)
This isn't an issue of 'jobsworths' in a council. The Essex Coalition of Disabled People raises this concern; and, the problems aren't between councils and individuals, they're between the DWP and the Department for Transport, with disabled people caught in the middle. From experience, I'd say DisabilityLib doesn't go in for scaremongering, for treating issues such as this lightly. Such disagreements between government departments can run on for ages. This situation could have serious ramifications for disabled workers; namely, starting a job or not starting a job! "In fact if you decide not to pay your PA a mileage rate or one less than 40p (for the first 10,000 miles then 12p per mile) they can claim the difference back from HRMC via self-assessment." On a Motability car?
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stalwart
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Re:Access to Work
(Date Posted:27/08/2011 11:39 AM)
You said "if a PA uses his or her car"
Sorry, misread who said it, but I would have assumed that it was bought up by a "jobsworth" because it is patently absurb in the light of the reasons for the changes.
Although.................if you have a Self Direct Support you are treated as an employer with all the consequences re tax, NI and employment law.
But really if this is taken as read then no-one using their own vehicle for work, even to carry any papers would have to be licensed. It's a nonsense.
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UUrbanblues
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RE:Access to Work
(Date Posted:27/08/2011 11:48 AM)
I'd like to be reassured by your reasoning, Stalwart. However, the cold wind of skepticism keeps me on my toes. If this regime was noted for its honesty; if it was renowned for its compassion; or, even if it had any kind of record of treating disabled people with anything less than abject contempt, then maybe...
The DWP is cutting back on Access to Work, this is fact not scaremongering. Here's a long list, in-exhaustive I'm informed, of items no longer funded for under A2W:
Access
to Work believe that in normal circumstances an employer should provide these
items as part of their Disability Discrimination Act duty to make reasonable
adjustments.
Analogue hearing aids
(all digital hearing aids require SEO approval)
Chairs
(with the exception of very specialist, bespoke
examples which require SEO approval)
Desks/extenders/bridges/feet/desk raisers
Armrests
Gel rests
Perching Stools
Backrests/wedges/back friend/cushions/swivel pads
Monitor arms
Desk Top Computers
Screens
Screen Raisers
Keyboards (including overlays)
Mice
Printers
Scanners
Fax Machines
Copiers
All Telephony
Document Holders /writing slopes
Flexdesk
Footstools
General office equipment (e.g. staplers, hole
punches etc.)
Headphones
Mobile Phones
GPS devises/Sat Navs
Laptop /lapstands
I pad / i-mac tablets
Trolley cases
Drawer Pedestal
Stationary (e.g. pens etc,)
Spectacles
Clothing (gloves, boots etc.)
Voice activated software
Walking aids (sticks, frames, Rollators)
Chair-ups
White Boards
Voice recorders
Internet connections/rentals for home working
Window blinds
Lighting (Daylight lighting, Helix Desk Lamp etc.)
Vehicles appropriate to the job role - such as
tractors for farm work, fork lift trucks for warehouse work or taxi’s for hire
<!--[if !supportLineBreakNewLine]-->
<!--[endif]--> (Message edited by UUrbanblues On 27/08/2011 11:49 AM)
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devineDeb
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RE:Access to Work
(Date Posted:27/08/2011 4:35 PM)
Hello UUrban Blues and all
I provided that list of all the things which Access to Work plan no longer to fund to the Ouch Board when it was announced earlier this year (or maybe it was late last year, not sure of the date now). HOWEVER my contact is a senior person in the A2W national office and (as I think I mentioned at the time) amazingly the impetus for this change did NOT come from the government and its cuts agenda.
As I understand it, the A2W team unilaterally decided that in the current economic climate it is very important that A2W stays within its assigned budget (which apparently they have never managed to do in the past, but each govt permitted the overspend). They were not told that they had to do so, but wanted to "show willing".
So that was part of the drive behind those changes and I believe they also felt that it was a more social model approach for employers to bear the costs mentioned in the list.
Personally I think their decision sends the wrong message, especially at this time, but it's not up to me.
I will check out this travel issue with my A2W contact.
In the meantime: uurban, is there some reason why A2W cannot pay for a taxi to get you to work and your support worker could meet you there?
regards, Deb
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UUrbanblues
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Re:Access to Work
(Date Posted:27/08/2011 5:54 PM)
Hello devineDeb. Late on Friday afternoon I found out I was successful at an job interview, no start date has been agreed, yet. However, I am going to need some support in the workplace, which I can determine more closely after looking around my new work environment; as things are the only things I can be certain I need help with are some aspects of toileting (also possibly changing clothes); making coffee, getting drinks and lunch.
There are problems with taxis. I need to use the toilet very regularly, in fact I carry a rubber sheaf and bags around in my car. Using such devices in my own car is not a problem; having to use one in a taxi would be problematic, not only because of my privacy, but also the danger of spillage - can't see a cabby being too happy with me wetting his seats (I'd probably be charged for cleaning).
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devineDeb
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Re:Access to Work
(Date Posted:27/08/2011 6:58 PM)
Hi Sean
that's excellent news, congratulations. That explanation is a perfectly good example of why you need someone to drive you! I will see what answer I can get from my colleague at A2W about the carer driving you,
regards, Deb
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devineDeb
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Score:613
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RE:Access to Work
(Date Posted:31/08/2011 10:35 AM)
Hi Sean I got an answer for you from my Access to Work contact: "in answer to the specific question about a PA (
support worker) driving a motability vehicle . The provision of Access to Work
funding this support would still apply as long as the vehicle is
owned by the customer and the PA ( support worker) is insured to
drive it."
Unfortunately he did not say whether the stuff about PAs driving people in the PA's own car is correct, so I have gone back to him with that question.
regards, Deb
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Hurtyback
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Score:1749
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RE:Access to Work
(Date Posted:31/08/2011 12:34 PM)
Congratulations on the new job, UUrban 
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UUrbanblues
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Re:Access to Work
(Date Posted:31/08/2011 5:42 PM)
Thanks Deb and Hurtyback!
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sofie2
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Re:Access to Work
(Date Posted:01/09/2011 8:15 AM)
Congratulations and enjoy!
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devineDeb
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Score:613
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Re:Access to Work
(Date Posted:01/09/2011 10:42 AM)
Hi Sean Here is the reply from my Access to Work contact about the support worker driving issue: "if the Support Worker wishes to usetheir own car, we are unable to provide funding unless the Support Worker issuitable licensed to do so. The vehicle must otherwise be owned by ourcustomer, be provided to our customer by Motability, or be provided to ourcustomer by their employer." "The text in your email refers to the DWPresponse regarding the requirement to comply with the law which has resulted inthe change; it isn’t an Access to Work led change." regards, Deb
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jaimelicious
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Score:269
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RE:Access to Work
(Date Posted:03/09/2011 6:24 PM)
if that's the list of things they now won't provide - what on earth *will* they actually do?
transport to and from work, OK, but what else?
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hossylass
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Re:Access to Work
(Date Posted:04/09/2011 1:18 AM)
Personally gutted about the tractor... !
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pennycillin
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Re:Access to Work
(Date Posted:04/09/2011 3:05 AM)
combine harvester... :P
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sofie2
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Re:Access to Work
(Date Posted:04/09/2011 3:28 AM)
That list - is it just normal stuff they won't supply, or adapted stuff too?
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devineDeb
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Re:Access to Work
(Date Posted:04/09/2011 3:40 AM)
Hi
their argument is that anything an employer would usually supply for any employee should be supplied by the employer for a disabled employee, even if that means a somewhat specialist item at additional cost. e.g. employer should provide an office chair, even if that means an £800 "ergonomically designed" chair from a specialist supplier's catalogue. However if that kind of ergo chair is not suitable for the disabled employee, then A2W may approve funding for a bespoke chair to be specially manufactured for that individual person.
What they will pay for: primarily it is support workers (e.g. mentor for someone with mental health issues; a personal assistant for someone with physical impairments; a communication support worker for a Deaf employee) and, as someone said, travel to work where there are extra costs (e.g. taxis from home to work).
regards, Deb
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jaimelicious
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Score:269
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RE:Access to Work
(Date Posted:04/09/2011 12:08 PM)
how completely useless. and what a great way to bar disabled people from employment.
if it's going to cost hundreds of pounds extra on top of normal recruitment costs, no one is ever going to hire me, no matter what the law says.
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devineDeb
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Score:613
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Re:Access to Work
(Date Posted:04/09/2011 12:16 PM)
Hi Jaimelicious
I think the best bet is to apply to A2W anyway, as I understand it they will handle the negotiation with the employer
regards, Deb
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