Produced by

Newcastle Welfare Rights Service

Training Information & Publicity Unit

Social Services Directorate

Newcastle City Council

INTRODUCTION

This “pack” is in 3 parts: This introduction, the “Further Information” form and the “Extra Information”. It is mainly aimed at benefit advisors.

The “Further Information” form is the one you complete. It is in four parts, which are described on its first page. It has been designed to be used at any of the various claim/dispute/appeal stages. Once completed, there would be little need to repeat the information later. Reference back to it could be made at any subsequent stage.

Parts B and C of the further information form have been amended to incorporate the latest decisions and judgements. For example CDLA/16211/1996, CDLA/16668/1996 and others, which confirm that (a) initiating communication with a deaf person can be included as attention and (b) the ‘extra effort’ involved in 2 way communication may also be included. Several recent commissioners decisions regarding Blind people and CDLA/16434/1996 (a Deaf person) have stated that the close attention given to help the (disabled) person carry out an activity like shopping, cooking or a domestic task can be included.

The “Extra Information” provides some supportive and background information to the above form. See its own contents page for details.

LIVE ISSUES:

Communication by written notes:

You may be aware of Commissioner May’s decision CSDLA/43/97, which said that writing notes between a deaf and a hearing person is not attention. This decision has been “quashed” or disposed of by consent. It is not legally binding on tribunals or decision makers. See 'Extra Information‘ enclosed (page 7).

Attention given over the phone:

Was allowed by CDLA/1148/97 but the Government have brought in amending regulations (2000 No 2313) to stop its effect. From 25th September attention must be provided in the “physical presence” of the disabled person.

Lower Mobility

You may be aware of the ‘fluctuations’ in commissioners decisions about this. To settle the issue(s), a tribunal of commissioners took place in June 2000. It held that guidance needed due to fear or anxiety resulting from the deafness can be included. Asking for directions – in the circumstances described – can also be included. This issue has been incorporated into the “Further Information” pack, under the Mobility Component heading.

The DSS have decided not to seek leave to appeal this decision and have issued guidance to decision makers (DMG Memo Vol 10-4/00)

Limited Awards:

Some tribunals have made limited awards because they think there may be some technological advance. See page 28 in the 'Extra Information’.

Disclaimer:

Whilst every effort has been made to ensure the accuracy of its contents, the “Further Information” form is only an interpretation of the legal position and its use cannot guarantee success. We would appreciate any comments and suggestions for improvements. It may be reproduced in whole or part on condition that Newcastle Welfare Rights is acknowledged as its author.

Tel: 0191 286 4296

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MDPLET Oct 2000