Ask the experts

Q Due to my husband’s ill-health, he can no longer drive and I do not drive myself. However, he owns a car and wishes to be responsible for insuring any driver or named driver. Are there any insurance companies that will do this? I would like any friend or relation to be able to drive my vehicle and be fully covered.
Mrs I Chalke, by email

EP: Most insurance companies will offer cover on this basis (possibly with restrictions on drivers in terms of age or convictions). However, these “any driver” policies can be extremely expensive and it is best to decide what you really need. For example, how old is the youngest person who is likely to drive the vehicle? Do any potential drivers have motoring convictions? It may be best to talk to one of the specialist brokers dealing with disabled people and carers: Chartwell Insurance (freephone 0800 6521653) or Fish Insurance (freephone 0500 432141) should be able to help.

Q I have heard that you can leave money to a disabled person in receipt of disability living allowance in a trust and that the person can then still apply for some means-tested benefits. How does this work and what benefits are still available?
Name and address supplied

AB: A trust is a way of holding an asset. It needs a trustee or trustees, who are responsible for deciding how it is used, and a beneficiary, who in this case would be the disabled person. Under a discretionary trust, payments to the beneficiary are at the discretion of the trustee within the terms of the trust. The value of the trust does not normally count as the beneficiary's capital because they cannot demand payment. This means that money can be left in trust to a disabled person without affecting their capital for the purpose of means-tested benefits such as income support, pension credit or jobseekers allowance. As incapacity benefit is not a means-tested benefit, being a beneficiary of a trust makes no difference to entitlement. The Disability Rights Handbook (published by Disability Alliance) says regular payments from a trust are usually completely disregarded as income for means-tested benefits. Local authorities have received guidance from the Department of Health on taking income into account when making direct payments, but this makes no reference to trust income. It would be best to check with the local authority what their practice is. As this is a complex area, it is best to consult a solicitor.

Q Because of a couple of accidents involving mobility scooters, Nexus, which runs the Tyne and Wear Metro light railway system, has banned mobility scooter-users unless accompanied by a responsible helper. Are they within their rights? They have placed a helpline number on their website for users to book assistance, but with 24 hours’ prior notice. Not everyone knows they want to use the Metro 24 hours in advance.
Name and address supplied

EW: The Metro is providing a service to members of the public. But, because the service it provides is a transport service, it has different rules than the usual discrimination/non-discrimination. It has to ensure it adheres to health and safety regulations. Also, it needs to make sure other users are not adversely affected by any adjustments. However, within these constraints, the Metro still needs to make reasonable adjustments, which are to be used when disabled people are placed at a substantial disadvantage. I can see how their 24-hour notice or responsible helper rule places you at such a disadvantage. It might be an idea for you to write to them asking how they arrived at these solutions. How will a responsible helper stop an accident? Have they considered offering training to scooter-users? Have they thought about running a pilot scheme with access reserved to the front carriage to prevent congestion? Have they thought about enforcing a policy of priority for mobility scooters when entering or exiting Metro vehicles? These are just three examples of reasonable adjustments the Metro might consider and might be more reasonable than putting you at a substantial disadvantage with the patronising responsible helper or inconvenient 24-hour notice rule. It would be great if dialogue with them were possible. Litigation should always be a last resort.

Huw Lewis of Nexus says: “As Metro operator, we were forced to change our rules immediately after two serious accidents. At the same time, we started a review of all aspects of scooter-use, led jointly by Nexus and our access advisory body, Transport For All. This is already looking at the suggestions made by Eleanor Williams, and others from people familiar with Metro, to see how we balance independent travel with the highest safety standards. In normal circumstances, dialogue would come first – in this case we were unable to do that, but the matter is far from closed.”


New panel members:
Eleanor Williams is an employment lawyer specialising in discrimination at the firm Darwin Gray*. She is disabled herself and lectures at universities in England, Wales and France. She is a director of the Discrimination Lawyers’ Association, legal adviser to RADAR, and a committee member of the Wales Equality and Human Rights Commission.
*www.darwingray.com

Douglas Joy is the senior solicitor at the Disability Law Service and started working in community care and mental health law in 2002 when he joined a legal aid practice in east London. Registered blind, he has had direct experience of the problems disabled people may face.

THE EXPERTS

RELATIONSHIPS
SIMON PARRITT
Simon is a chartered counselling psychologist who has also studied psychosexual therapy. He was the only disabled director of the former Association to Aid the Sexual and Personal Relationships of People with a Disability (SPOD).

FINANCE
DAVID CLARKE
David has spent 14 years in banking and has worked for three leading financial service providers. He is a senior partner with Clydesdale Bank.

PROPERTY
KATE SHEEHAN
Kate is a director of Years Ahead and an occupa­tional therapist with 20 years’ experience and a passionate interest in housing. Years Ahead works with manufac­turers to meet the needs of the ageing population.

EQUIPMENT
JOHN MANDRAK
John, who is blind, has worked for nearly 25 years as a disability journalist and consultant. He is an adviser on the Disabled Living Foundation’s helpline.

TRAVEL
ANDY WRIGHT
Andy is a disabled travel industry professional with over 25 years’ experience and is managing director of Accessible Travel, a specialist tour operator providing holidays for people with mobility impairments.

MOTORING
ED PASSANT
Ed is chief executive of the Forum of Mobility Centres. The centres provide driver and passenger assessment for disabled people across the UK.

MONEY, LEGAL & BENEFITS 
ALAN BARTON
Alan is a social policy adviser for Citizens Advice, and an adviser at Rickmansworth Citizens Advice Bureau. He has a particular interest in benefits issues.