Section 1 - Disability Assistance in Scotland
1. Do you agree or disagree with the proposal to name Disability Assistance for clients aged 0-18 years old Disability Assistance for Children and Young People (DACYP)?
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3. Do you agree or disagree with the proposal to name Disability Assistance for clients aged 16 years old to state pension age Disability Assistance for Working-Age People (DAWAP)?
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5. Do you agree or disagree with the proposal to name Disability Assistance for clients who are state pension age or older Disability Assistance for Older People (DAOP)?
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7. Do you agree or disagree with the proposal to enable multiple application channels for Disability Assistance?
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9. Do you agree or disagree with the proposal to broadly replicate the current temporary absence rules?
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11. Do you agree or disagree with the proposal to implement a person-centred approach to making decisions about entitlement for Disability Assistance?
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13. Do you agree or disagree with our proposed approach to the involvement of Specialist Advisors in Decision Making?
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16. Do you agree or disagree that the decision making process for Disability Assistance for Children and Young People, and for Older People should use existing supporting information and not through face-to-face assessments?
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18. What types of supporting information would be relevant in assessing an application for Disability Assistance eg. social work report, medical report?
What types of supporting information would be relevant in assessing an application for Disability Assistance eg. social work report, medical report?
I think a larger percentage of the information should come from the patient or individual involved along with information from a GP and Pain clinics as well as carers. Far to much influence is given at the moment to a single assessment face to face with someone they do not know and cannot get enough information with. Following information from the patient the next best thing is a GP who has a long standing relationship with the patient. Far to much bias is still given to visits with a consultant whom has seen the patient for 15 to 30 minutes.
19. Do you agree or disagree with the proposal to have no set award durations but to set an award review date when a decision on a Disability Assistance application is made?
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21. Do you agree or disagree with the proposal to set an award review date 5-10 years in the future for a person with a condition unlikely to change?
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22. If you disagreed, please could you explain why.
Comments:
If the condition is unlikely to change then it should be a review date when the person awarded or the carer feels that they need less or more assistance. Anything else always feels like a trap to those claiming and a deadline of sorts. This may not be the intention but its what it feels like.
23. Do you agree or disagree with the proposal that a change of circumstances should be defined as a change which has an impact on the level of assistance a person receives?
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25. Do you agree or disagree with the proposal that clients have 31 days to request a redetermination?
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26. If you disagreed, please could you explain why.
Comments:
Should be much longer
27. We have proposed that Social Security Scotland have a period of between 40 and 60 days to consider a redetermination of Disability Assistance. Do you agree or disagree with this proposal?
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29. Do you agree or disagree that STA should not be paid to people who are not living or present in Scotland?
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31. Do you agree or disagree that STA should not be recoverable except where it is later established that the principal assistance type was claimed fraudulently when STA was awarded?
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33. Do you agree or disagree that STA should not be available where an investigation by Social Security Scotland has determined that the original payment was claimed fraudulently?
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35. Do you agree or disagree that any deductions being made from an on-going assistance type to service an overpayment liability should also be applied to STA?
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36. If you disagreed, please could you explain why.
Comments:
Should be done a case by case basis based on affordability and the need to recover the funds.
37. Do you agree or disagree that for successful process decision appeals where the tribunal has overturned Social Security Scotland’s decision, STA should become available at the point the decision is overturned rather than the date of the original request?
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38. If you disagreed, please could you explain why.
Comments:
Should be the original date and backdated payments paid
39. Do you agree or disagree with the proposed approach that, generally, where there is a break in a client’s eligibility to receive the benefit, eg. due to being in residential care, they will cease to receive the benefit?
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41. Please outline any comments or experience you would like to share with us about overpayment recovery and the current DWP approach to deductions?
Comments:
The current dwp approach is unbelievably bad and leaves people destitute and unable to get out a debt whole that half the time the DWP has caused.
Section 2 – Disability Assistance for Children and Young People (DACYP)
42. Do you agree or disagree with our proposal to provide entitlement to Disability Assistance for Children and Young People to clients aged 0-18 years?
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44. Do you agree or disagree with our proposal to extending eligibility, for those in receipt of Disability Assistance for Children and Young People before the age of 16, to age 18?
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46. Do you agree or disagree with our approach to the eligibility rules for the different components of Disability Assistance for Children and Young People?
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48. Do you agree or disagree with the proposal to make a £200 Winter Heating Assistance payment to families in receipt of the highest rate care component of Disability Assistance for Children and Young People?
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Section 3 - Disability Assistance for Working Age People (DAWAP)
50. Do you agree or disagree with our proposal to use a points based system to assess eligibility in relation to Disability Assistance for Working-Age People?
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52. Do you have any suggestions about the most appropriate way to assess eligibility in relation to mobility for Disability Assistance for Working- Age People?
Comments:
it should have a more grounded and well thought out process based on what the individual struggles with and what they can and cannot do. For example saying someone cannot walk more than 10 meters is great but if you apply that in context to someone who cannot walk 4meters to a bathroom without holding onto someone or an aid is different. Walking 10m on flat level ground is very rare. Mobility should also take account of stairs, sitting and standing and the ability to get out of bed unassisted.
Essentially it needs someone to listen to the person being assessed or read what they go through and apply a common sense approach. If someone says they need help to get to a bathroom or cannot get out of seat or bed without help they should be getting the highest rate of mobility as they clearly need it. This same person once up may be able to walk with assistance for 10m though.
Essentially it needs someone to listen to the person being assessed or read what they go through and apply a common sense approach. If someone says they need help to get to a bathroom or cannot get out of seat or bed without help they should be getting the highest rate of mobility as they clearly need it. This same person once up may be able to walk with assistance for 10m though.
53. Do you have any comments on the full list of descriptors (provided at page 36) currently used to assess claims for Personal Independence Payments?
Comments:
The PIP descriptors as a current claimants carer are ridiculous and far to non specific and vague. Do not take account of every persons needs and are a simple way for the DWP assessors to invalidate claims.
54. What types of observations, as part of a face to face assessment, do you believe are inappropriate?
Comments:
SPEAK TO PEOPLE !! Treat them as humans with compassion and if they are struggling to walk or in a wheelchair dont try do silly strength tests with them, Read the provided proof of the abilities of the person and make a judgement with them not for them. Far too often these tests feel like simply a way for the DWP and claim assessor to invalidate your claim because on this day of your test you may have been able to move your arm to your face to wipe away a tear. Its inhuman.
55. In relation to assessments, what are your views on acceptable distances to travel?
Comments:
At home assessments or video conferencing should be used where available. Phone interviews where not. If you take away the need for face to face you can have more relaxed conversations with people. If a face to face is needed it should be at a local gp surgery where the able bodied assessor can visit. Why should disabled people be made to go somewhere?
56. What other circumstances should the Agency take into account?
Comments:
Carer commitments and the pain of the person needing interviewed. How they are that day and how easy it is for them to get out on that day.
57. In relation to assessments, how many times to do you think an individual should be able to reschedule, or fail to attend, an appointment?
Comments:
unlimited times this is not something someone disabled or in chronic pain or managing a life long illness can help so why on earth would you punish them. if they cancel several times why not visit them or perform a phone assessment or heaven forbid take their word that they are in excruciating agony and cannot make it.
58. In relation to a missed assessment, do you have any comments on what should amount to exceptional circumstances (e.g. hospital admissions)?
Comments:
No. Any circumstances should be considered as a valid reason. People miss appointments and people with illness and chronic pain cancel much more important events that they want to go to as well and feel bad enough about it.
59. Please provide any comments you wish to make about the audio recording of assessments.
Comments:
Should be standard practice for all parties involved to provide an accurate event. Police do it so why can you not.
Section 4 - Disability Assistance for Older People (DAOP)
60. Do you agree or disagree with our proposal that Disability Assistance for Older People is provided to those who are state pension age or older?
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62. Do you agree or disagree with the proposed eligibility criteria for Disability Assistance for Older People?
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About you
What is your name?
Name
David James Robertson
Are you responding as an individual or an organisation?
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