http://petitions.pm.gov.uk/DLA-Review/ closes today.

If you are a patient of the Kobler, Victoria or Nkosi Johnson Clinics. The patient forum, KVN Forum, is meeting on Tuesday 6th May 2008 from 6pm to 8pm.  I understand that a person from the Terrence Higgins Trust has been invited to this meeting to give advice on the Disabiliy Living Allowance Review.

"Please note that we are hoping to have representation from Daniel Payet of THT, who will be presenting the THT approach to dealing with DLA review issues. ...... so if you know anyone who may wish to ask Daniel any questions in particular, then get them to come along, or bring those questions / issues with you - spread the word." - Chair, KVN Forum.

Thank you to all at the Feedback South London meeting on the 2nd May for the warm welcome & opportunity to mention the group T_hCell & the efforts undertaken by the team with regard to the changes in the Benefits system.

If you live in South London please check out the website (http://feedbacksl.org.uk) to find out what they do and how you can get involved on matters about your care.

 As you may have gathered from previous posts.  I have been greatly concerned that during the review process. If you list several specialist consultants that deal with other medical issues you have developed alongside or by virtue of your HIV, especially mental health issues. The DWP typically only approach your HIV Consultant. Where they will not wait for this report they may approach your GP.  Therefore only one aspect of your health is evidenced.

I was also concerned. Minded of the DWP guidance & that Mental Health issues were seemingly being ignored.

In my case. I have engaged in correspondence questioning the DBD551 I submitted. Specifically how or why a decision could be reached without medical reports covering ALL my health issues from ALL my consultants.

The response states;

"..... decisions are made based on a persons mobility and care needs and not the disability itself"

so why require any medical report if it is not required to reach a judgement on entitlement?

it then continues;

If you claim any benefit now. Given the current political climate where the government maybe more receptive to the issues you face.  It is a good idea to remind your MP of the issues you face living with HIV.

If you don't claim any benefits at the present time.  What is being allowed to happen today. May affect you in the future should you find yourself in the situation where you need to claim for benefits.

Either way, please write to your local MP if only to raise the issues facing all of us who live with this illness. Problems with benefits, loss of the 10p starting rate of tax or any issues you face trying to maintain full time employment.

You can find your MP by clicking here. 

This web site will also tell you how your MP votes on certain issues. It maybe of interest for when you next vote.

Picked up from the Benefits & Work website forums I thought is was worth highlighting this article - "Is Labour abolishing illness"- from The New Statesman for all visitors here to read.

Written by "Alison Ravetz is a professor emeritus of Leeds Metropolitan University who writes on housing policy and welfare reform"

The article can be found at http://www.newstatesman.com/200805010024

We have updated the letter you can send your MP - click here.  Even if you have written before please continue to raise this issue, especially relevant in the current climate.

You can find your MP by typing your post code in to this website.

 The blog at http://hivdlareview.blogspot.com has served us well however rather than update in two sites I will only be posting in this blog on this site from now on.

Thanks

John.

Please don't worry unduly about this.  

I want to know if anyone has had their HIV disclosed to their GP by the DWP where they have not informed the GP in the first instance?

The DWP are supposed to go to your HIV consultant but we have seen cases where they are "feed up" of waiting for the medical report to seek on from your GP.

I just want to gauge if anyone has suffered in this way as it would be a major issue.

NO ONE HAS REPORTED THIS AS HAPPENING - I AM JUST ASKING A QUESTION - PLEASE DO NOT PANIC.

Thanks,

John. 

From Feedback South London & Health First.

Hepatitis C Ethnic Awareness Workshops in London & Bradford. Web address for info : http://hepccentre.org.uk/ethnic/ethnicflyer.html

 From the NAM website click here for the full article  "Concerns over confidentiality, drug interactions, communication, barriers to integrating GP's into HIV Care" BHIVA

If you don't already, you can subscribe to NAM updates here

10 Downing Street Petition on the DLA review can be found at http://petitions.pm.gov.uk/DLA-Review. It's closed now. . A forum by the author of the petition can be found by clicking here.

The Disability Living Allowance Advisory Board, http://www.dlaab.org.uk/index.asp, is a non-departmental public body. Advising the Secretary of State for the Department for Work & Pensions. The "Special Rules" review is based on their report. The report can be found here.

Here are is the legislation links and relevant law links. Click on the relevant legislation to navigate.

Tribunals, Courts and Enforcement Act 2007 - new structure to Tribunal system from 3rd November 2008.

Social Security Contributions Act 1992 Chapter 4 amended as/by Welfare Reform & Pensions Act 1999 (c.30) Clause 67

Further changes are due later this year to those on Incapacity Benefit, Jobseekers Allowance & Income Support. They are being replaced by the Employment & Support Allowance. This has been introduced under the Welfare Reform Act 2007 Chapter 5 concerns these changes. Disability Living Allowance is mentioned in Clause 52.

The Human Rights Act 1998 can be found at http://www.opsi.gov.uk/ACTS/acts1998/ukpga_19980042_en_1

The Disability Alliance UK. Have case law concerning Attendance & Disability Living Allowance. It is found at http://www.disabilityalliance.org/dlalaw.htm#Introduction.

Latest updates are found at http://www.disabilityalliance.org/commtemp.htm

Adjudications can be found at http://www.disabilityalliance.org/judge.htm

Thompsons Solicitors are a good source for Disabilty Discrimination Act (DDA)  Case Law.

The Disability Matters Law & Benefit review page is at http://www.weblinksadvertising.co.uk/lawandbenefitreview/index.html

If you are currently getting Disability Living Allowance & are having your Incapacity Benefit reviewed read this http://www.opsi.gov.uk/si/si1995/Uksi_19950311_en_1.htm and see the Benefit Changes coming section. Thanks to the originator of this information.

Thanks to Dr. Vince Cable MP, Treasury spokesman for the Liberal Democrats, for noting the content of the letter and fact sheet we sent to him. 

Of interest to me is a comment by Peter Mandelson who can be seen on the BBC News Channel, Hardtalk programme at 11.30pm this evening, Friday 9th May.

I think it sums up the "general" feeling that we are all feeling at the moment.

"Asked later in the interview about his criticism of Mr Brown's decision to scrap the 10p tax rate, he said: "I didn't say it was a disaster, I said it was rather a large mistake and there we are, it was a mistake and now they're trying to put it right.

As I have an interest in local politics in my area and spending most of my time at home. I subscribe to local blogs & email lists for politicians at all levels and of all parties. 

This includes my constituency MP, Greg Hands.

The area of Hammersmith and Fulham has a large population of HIV+ people in London, though it is one of the smallest boroughs.

I wrote to Mr. Hands about my personal situation, and the wider impact to the HIV+ Community, with regard to the Disability Living Allowance first, via email, back on the 2nd March 2008. I wrote to him at the House of Commons week commencing 15th April 2008 quoting my home address. I received NO reply. Usually I always get some response when I email Mr. Hands.

So I wrote to him again this week via the House of Commons.  Reminding him I am a constituent and I would appreciate a response.

 I would like to thank the contributor for this email - as requested, confidentiality respected.

 As reported in the news today. The government is undertaking a consultation on the future of care and support for the disabled and elderly.

You can find out more about taking part at the Department of Health website click here. Though I note at the moment if you click the "Join the care and support debate" link it generates an error page. So you may have to try later.

I note this from the report -

"In 20 years time, the cost of disability benefits could increase by almost 50% (Disability Benefits (DLA, AA and CA) long term projections, DWP Forecasting Division, Nov 2007) and we expect a £6 billion 'funding gap' for social care (PSSRU projections, forthcoming 2008)"

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Today we received a letter from Diane Abbott, MP for Hackney North and Stoke Newington.

The letter (with staff details edited out) is availible in Useful Documents on the site or click here.

" .... I also think that this could be highlighted in and Early Day Motion ...."

We will submit a brief to her as she requests and pass our thanks to Diane for her response and efforts.

I wrote to the General Medical Council , amongst others, concerning the issues raised by you in the comments you have made to blog entries or via email.

I have scanned the response and placed it in Useful Documents on this website or click here for the letter. 

Click here for the "Good Medical Practice Guide" mentioned in the letter or click here for the information on Confidentiality.

You can find more information by searching the GMC website.

Apologies for not posting often of late I am currently "under the weather."

As well as the letter written to Anne McGuire in March,  the response to which is found here. I received an emailed letter from the DWP, Anne McGuire again in response to an email sent 2nd March 2008. All this correspondence is found in the Useful Documents section of this site.

Following the various Statements in the House of Parliament by the Prime Minister yesterday. I would draw your attention to the news page on Benefits & Work website.

"If I have been accused of not listening in the past, I'm listening and I'm learning all the time" - Gordon Brown 30th April 2008

Letter received this morning from Mr. Gordon Brown's office at 10 Downing Street.

Just to let you know.  We have seen over the last few weeks the Special Rules Review extended to the over 55 year olds.  We have had reports of the DBD551 forms being received by several in this group.

The DWP have left this age group until last.

Presently, many are in the process of waiting for a response on there last submissions.

I pulled this out from the comments to the "over 55?" thread as I want it to have more prominence.

"Unfortunately, this review - whilst under the guise of removing non genuine claims to DLA, whatever they may be - is unconstitutional if one refers to the letter of the law in this matter.

It is a blatant violation of human rights as well as the Disability Discrimination Act as this has not been repealed or amended to exclude HIV being defined as a Disability.

My view on this is that, unless your consultant gives your current medical diagnosis as AIDS rather than seropositive, you are on shaky ground in terms of your award remaining unchallenged.

I would be interested to see if the statistical evidence from people who have lost their awards bears this out.

I would contact NGOs such as CRUISAID as they have legal contacts who would organise a challenge to the government and are not gagged in the same way as THT. 

Information has been provided to Diane Abbott and we await a response. 

Hello all,

Sorry but yes I have my begging bowl out.

We have been able to do this because many people have given their time & expertise free donating hours of their time. Of course because of issues around illness no one can do everything and time is limited acordingly, we are grateful to those of you who have helped.

However stamps, paper, meeting rooms (etc) cost money. Thus far the expense's for doing this have been met from our own pocket at a time when like many we face the DWP review.

If you would like to contribute to help with these cost's and wish to donate you can make a payment via your online banking. The details you need are :

The Co-operative Bank.

Account name: Tcell

Account sort code : 08-92-99

Account number : 65291663 

We will keep full accounts and this is just to help with the costs of stamps, paper, web-hosting, meeting rooms (yes charities charge for this) etc. no one gets paid for this. £5.00 goes along way it pays for many stamps.

Over the next few days we will add a payment method online for anyone who wants to donate by credit card. This will be a "charity friendly" provider.

Thank you.

John.

Any questions please email me.

Hello All,

We are holding a general meeting on the 5th June 2008 from 6pm until 8pm at the Positive Place in Deptford.

There will be a presentation on T_hCell the group - who, what we have done, what we want to do. As well as the DLA, what we know. This will be followed by a Question & Answer session.  If you would like to attend. Please let me know as it is a small venue and places are restricted.

Help with a Venue.

We plan to undertake a meeting in Brighton in the coming months, along the lines described above.  If you know of a venue or have a venue we could use to hold a "meeting" then please get in touch with me.  Funds are limited so "gratis" would be greatly appreciated if possible, cheap is also good.

Thanks,

John.

This is a subject that we will come back to from time to time as we challenge the existing situation with regard to giving consent to the Department for Work & Pensions (DWP) with respect to signing the consent component of your forms.  If you tick the box refusing this consent it seems, for the time being, that the DWP will simply see this as an end to your process and this may stop your benefit. There are issues around this which we are raising.

However the primary relationship here on this subject is the personal relationship between you and any doctor you see.  Your doctor has a duty, as described by the General Medical Council & other representative bodies, to let you know and discuss any report they write on you to a 3rd party.

The DWP when they request a report tell your doctor they have your consent and you don't need to see the report.  We also know they advise GP's not to discuss the report with you the patient before it is sent.

In order for you to have control and absolutely ensure your rights to see and discuss any medical report on you requested by a 3rd Party. I have added a sample letter to the Useful Documents section.

"I know, first hand, how much distress and anxiety this review is 
causing to men and women with long term conditions such as HIV/AIDS, 
Cancer and Mental Illness.  There has been great advances in medication 
for many of these illnesses and the scientists have our profound 
gratitude but there are side-effects and they can be debilitating both 
physically and emotionally and deeply distressing.  The Government 
doesn't seem to have taken this into account.  The stigma and ignorance 
attached to HIV/AIDS in particular is still very real and the pain this 
causes is great.  With no long term plans or solutions in place, I fear 
that many  men and women will be forced onto lower benefits, or to take 
low-paid work -given employers reluctance to offer any real  
opportunities to men and women with ongoing health issues. I urge 
EVERYONE to contact their M.Ps , voicing their concerns and continue to 
support the important work being done by T_hCell. " 

Ann Mitchell, Actress - Widows, She's Out, recently - stage production of Angels in America & EastEnders.

Hope everyone had a good Bank Holiday weekend.

http://www.tcell.org.uk is up and running with details of the next general meeting.

Currently engaged in securing some "pro bono" legal assistance to clarify some points in law which may apply to certain DLA claimants. Will report back when I have more information.

"Thank you for your recent correspondence regarding the termination of the Right Payment Programme. I agree with you that there are concerns regarding the Special Rules review. I will be writing to the Department of Work and Pensions to highlight the points you have made in your letter and will get back to you when I have received their response." - Office of Diane Abbott.

Personally am still somewhat under the weather, chest infection. So I apologise for any day I am not posting.  

It is uplifting when every day something arrives , someone has taken time out of their day to help us. I know we are all grateful, I certainly am.

John.

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So we got our decisions today and they stay the same.  Which seems like good news. However given the avenue of law we are pursing - thanks to one of our team. We believe that the DWP doesn't have the legal right to approach those who claimed before 1999. Of course any decision now makes all claims subject to current law moving forward. So we continue the battle. We believe our original claims should stand moving forward.

Though they said our files were NOT linked. It must therefore be pure coincidence that my partners form when back over 2 months ago and mine 2 weeks ago. With the decisions made within 24 hours and received on the same day.

What drives all of the team is the person in our minds eye that cannot deal with the issues this raised for them.  We continue as before to campaign on this. Moving forward we will have to also deal with the Employment and Support Allowance. 

So we move forward, together as before. There are still many issues to overcome.

John.

We received a letter from David Cameron's office today. Our issues and concerns have been passed on to the Conservative Work & Pensions team for their further consideration. 

Thanks to Mr Cameron & his team for their reply.

 I have added this to the links page. However if you want to know what the DWP's own guidance is on HIV/AIDS and who it should be approaching for a medical report than see the section http://www.dwp.gov.uk/medical/med_conditions/hiv-aids/

This information is in the blog but may have become lost in the history. So by moving it to links it is more accessible.