newsletter

The PA Employer Spring 2004

Inside this issue:

• SPAEN Relocation
• Councils to be named
• Definition of ‘Frail’
• Fish insurance and the law
• Spaen operating procedures
• Signature stamps
• Spaen training officer
• P.A. goes off sick
• Drive for members
• Independent living funds
• Dissertation

SPAEN Relocation

You will all no doubt be aware by now that SPAEN has been seeking new office space over the last three months. Although it was sad to leave our office in the Centre for Independent Living in Glasgow (CILiG), planned staff increases there and CILiG’s need for extra space to accommodate their development has meant that our move had to happen sooner rather than later.

SPAEN is now fully operational from our new office in Motherwell. We have secured an affordable lease in premises four times the size of our old office. This gives us the space to allow us to develop and grow. The new office will also afford us the space to hold our committee meetings and some small training events in house. Currently our new landlord is renovating an existing toilet to make it fully accessible.

SPAEN has certainly come a long way in a short time. We now have a strong and proficient staff base; we now have secured our own premises, all indications of the fact that our members and ourselves have a bright future ahead of us. However, much has still to be achieved in ensuring people are well supported in managing their Direct Payments packages. Indeed, too many people are waiting on the opportunity to experience the freedom, choice, control and flexibility that a Direct Payment properly supported and managed can bring. When they do, we will all be hear to support them.

Our new contact details are here below and in the top of every pagreon the website. Please, contact us! Let us know what’s happening in you area. If you are in this area, call in and see us.

We hope you all have a good summer and I look forward to meeting as many of you as possible over the coming months.

P. Brawley
Project manager

Concils to be named

Local Authorities that do not allow disabled people to live independently will be “named and shamed” by a new Government watchdog. Speaking at a Disability Rights Commission debate on Independent Living, Denise Platt, chair of the Commission for Social Care Inspection, said the commission plans to end the postcode lottery of care provision.

To do this it will “name and shame” councils who institutionalise disabled people. She said the newly created commission will also publish league tables showing the number of people receiving Direct Payments in different areas. Jane Campbell, chair of the Social Care Institute for Excellence, said councils must reduce the number of disabled people living in care homes. She said residents are being punished for being disabled and denied a basic human right.

Cost is no excuse for refusing disabled people the right to independent living, because disabled people living in the community have fewer health problems and are more likely to contribute to society. Disabled people are told their care costs more when they receive Direct Payments rather than in residential homes. Residential Care is only cheaper because it provides a lower level of support.

Definition of ‘frail’

We have had a lot of questions on how you define an older frail person in conjunction with Direct Payments as they will be one of the priority groups when Direct payments are widened in 2005. The response from the Scottish Executive is as follows:“ At present, the Act says that Local Authorities can only give Direct Payments to ‘persons in need’ as defined by Section 9 of the 1968 Act. The Direct Payment regulations further restrict that definition to subsection (b) of the definition of ‘persons in need’ - i.e. “....suffer from illness or mental disorder or are substantially handicapped by any deformity or disability...”.

It is for each Local Authority to determine whether the frailty is because of old age or whether it is as a result of illness or disability. I recognise that this may be quite difficult for Local Authorities but it is a distinction they had to make since July 2000. Of course from April 2005 older frail people will be able to use Direct Payments to purchase their ‘personal care’

Fish insurance and the law

With regard to the question as to whether it is better to have Scots or English law when taking out a Personal Assistant Employment Protection Policy, the answer would be a matter determined by the particular circumstances of the policy. West Dunbartonshire Community Law Service have said that “generally speaking, however, is that Scots law would be the appropriate law for a policy which is likely to be relied upon in Scotland. Having English law govern the contract would not exclude the Scottish Courts but it would mean that the Scottish Courts would need to apply English law in the determination of any dispute. Since they are trained in Scots law it generally makes sense, to us, that contracts that may be brought for the consideration of the Scottish Courts should be based on Scots Law”.

Spaen operating procedures

As you may or may not be aware SPAEN is funded from various sources including the Community Fund, Scottish Executive and the Lloyds TSB Foundation for Scotland.

As part of this funding it is imperative that we can monitor our project and its effectiveness. We will be, over the next couple of months, sampling our membership at various points by way of surveys and statistics to establish a baseline as to where the project is at present. These surveys will continue throughout the term of the project and this allows SPAEN to identify any issues which may need to be addressed and also provide vital information to our funding bodies as to the progress of our work. We would, therefore, be grateful for your input as it is very valuable to us. If you receive a survey or questionnaire from us we would be grateful if you could take some time to complete it honestly and accurately. When we send these surveys we will ensure that they are accompanied by a pre paid envelope so you are not liable to pick up the postage. We look forward to hearing from you all in due course.

Signature stamps

We have had a number of enquiries from people who are unable to sign cheques. Office world produces signature stamps prices ranging from £13.99 - £18.99 depending on size and type. If you can still write they need three examples of your signature, or you can produce a style of your own using a computer if you are unable to write. It takes about a week to get the stamps made.

You will need to speak to the bank and explain that you are going to sign the cheque using the stamp. It is fairly common business practice so shouldn’t cause too much of a problem. Office world have stores all over the country or you can look them up on the

net at www.office-world.co.uk.

Spaen training officer

Hello, my name is Violet Keenan and I am the newly appointed Training Officer with SPAEN. I come from a financial/banking background having worked for Lloyds TSB for many years. I am currently a student of Cognitive Behavioural Therapy and hope to continue the skills gained in both areas to enhance the training and personal development of the SPAEN membership via ongoing communication and involvement.

Being new to this particular area of public service I hope to draw on all members experiences and build a learning environment for us all. I look forward to meeting everyone and please if I’m out and about make yourself known to me. I look forward to a long and mutually rewarding and informative relationship with you all.

PA goes off sick

When your essential support giving Personal Assistant takes ill, especially for a long period, it can create a headache for many of us. It wasn’t until I was faced with two recent cases of longterm sickness amongst my PA’s that the situation with paying them Statutory Sick Pay (SSP) became apparent. I was appalled at how low their SSP was after the salaries had been processed. It worked out at about £ 260 per month compared to a normal salary of £950 per month. When your PA still has the same mortgage/rent and bills to pay it can be very difficult for them to manage when they are off sick.

I dread to think what could happen to a valued PA if they were unfortunate enough to be off for months. As an employer I want to offer the best support to my PA’s when they are faced with difficulties such as sickness. I felt unable and helpless in giving them the support they deserve when they went off sick. How can your PA feel valued and appreciated when you can only pay them a pittance. After all nobody takes ill intentionally, so why give them the added burden of having little money? It could encourage your PA returning to work before they are fully recovered. Also, it might make your PA change to a job with better conditions.

This situation needs to change if we are to be good employers who offer decent conditions to our PA’s. Our Local Authorities and support organisations can offer their staff realistic sickness pay, i.e.; full pay for 3 to 6 months and half pay for a further 3 to 6 months. We should be demanding the same for our PA’s as their role is so vital in our daily lives. Come on, not only shout and campaign for a better level of pay for your PA’s without doing the same for their conditions! After all, a well supported and valued PA can be better motivated. Keep your PA happy! :)

M Chapman, Edinburgh

Please contact SPAEN if you have further comments.

Drive for members

Currently SPAEN has 203 paid up members, If you are not a member please join us. The more members we have the stronger our voice will be. Join us and you will get the security of an organisation of disabled people like yourself, which is there to secure and promote your interests. Contact SPAEN for further information.

Independent living funds

Maximum sum changes

From 01 April 2004 the funds maximum amounts have increased

• New Ext Fund Max - £ 715.00 per week
• New 93 Fund Max - £ 420.00 per week
• New Joint Package 93 Fund with LA Max - £ 715.00 per week

More information can be obtained from ILF Customer Services on 0115 945 0842 or alternatively contact SPAEN.

Dissertation

We have received a request for assistance from Frances Bickett who is doing a dissertation on disabled woman’s sexuality from the disabled woman’s standpoint. I am looking for 6 to 8 disabled women of different ages and 6 to 8 of their friends to take part in a small study to test my dissertation theories and thought that some of you might like to help. Contact SPAEN for further information and they will forward the relevant paperwork to you.

What do SPAEN members think?

Your views and opinions are crucial to the future success of the Independent Living Movement and the empowerment of disabled people. So please write, phone or e-mail, we want to hear from YOU.