Ask the Experts

Questions and answers

Questions and Answers

Q I am very angry and confused about doing voluntary work while on long-term incapacity benefit (IB) and high rate disability living allowance (DLA). I am very keen to do my bit, but I have been told I could be penalised for doing voluntary work and getting paid expenses, such as a travel allowance. Can anyone help me out with some advice?
Mr G A Jarvis, Manchester

Gary Martin: It is possible to undertake voluntary work while receiving IB and DLA without it affecting those benefits, but there are some issues to consider. There are no rules preventing payment of DLA to people who work, although, in some cases, the fact that work is done could cast doubt on their stated care and mobility needs. Also, if you begin some form of work, that will be considered the next time you attend a personal capability assessment (PCA). However, if you receive the higher rate care component of DLA you should not be asked to attend a PCA. As for IB, voluntary work is any work you do for which you only receive payments to cover your reasonable expenses. Having said that, you cannot undertake voluntary work for a close relative and the fact that you only receive reasonable expenses does not necessarily mean that the work is voluntary. For example, if you agree to work in a friend’s shop and they pay your expenses, this may not be seen as voluntary work if you are regarded as contributing to their business. There are no specific rules about notifying the DWP that you are doing voluntary work although it is often best to tell them to avoid any problems. If you are in any doubt, you should seek advice from a Citizens Advice Bureau or other advice agency.

Q I am not working due to long-standing mental health problems, such as social phobia, agoraphobia, depression and panic attacks. I also have diabetes. I receive IB and DLA. I have been offered a council property on the Shetland Islands (pictured), a place I have always dreamed of living. I feel that living within a smaller community would enable me to regain enough courage and strength to go back to work, as I do not want nor like being on benefits. But the joy I felt when I received the offer letter is turning to defeat and despair. As I am on IB and do not get income support, I am not entitled to a grant or loan from the government’s social fund. The move would cost at least £1,850, including removal van and ferry crossings, money I do not have. I do not have any savings and cannot get a loan as I do not have a bank account and my family will not loan me the money. I have contacted many organisations to ask if they could give me a grant but with no success.
Clive Campbell, Wolverhampton

Kate Sheehan: Unfortunately, you are in a situation that a lot of people find themselves in. Not being on income support means you are unable to access money through traditional routes. But the government has a very clear policy on “independent living” and says that clients should have “choice and control” in their lives. You could ask your local authority to provide you with an individual budget, which you could use to meet your moving costs. It would also be worth sitting down with your case worker and going through Charities Digest (published by Waterlow), which will give a clearer idea of which charities may help. Local charities may be more responsive: you could look at organizations such as a Lions Club or Mind.

Editor’s note: Since we sent Mr Campbell this reply, he has secured funding from two charities for his move to the Shetland Islands.

Q How can we ensure we will be able to use the seat we are allocated on a flight and that this allocation will not be overridden by cabin staff? How many wheelchair-users are permitted on a flight? Ryanair says more than four is illegal, but a firm that flies pilgrims to Lourdes loads 36 at a time.
Name and email address supplied

Andy Wright: The simple answer is, unfortunately, you cannot. Airline staff have the final say on seat allocation on the grounds of safety, and ensuring that those who have the greatest need are given the most appropriate seating. So even if an airline has allocated your seat, if a passenger is boarded who is deemed to be more disabled than you, the airline staff can reallocate the seat. In the Equality and Human Rights Commission’s guide, Your rights to fly – what you need to know, it states that airlines should allow you to pre-book the most appropriate seat, provided that it would not obstruct access to emergency equipment or impede an emergency evacuation. Priority for seats with extra legroom should be given to disabled passengers, and anyone who has difficulty moving around. But the policy is not mandatory and so not enforceable.
As for the number of wheelchairs permitted on a flight, European air legislation now says that an airline such as Ryanair can no longer stipulate that they are only prepared to carry a maximum of four disabled passengers, as long as the Civil Aviation Authority (CAA) considers that the aircraft type is capable of safely transporting more disabled passengers. But the size of the aircraft and its layout varies with each airline, route, day of the week, etc, so the CAA does not stipulate an exact number of disabled passengers permitted on an aircraft.

The Experts

Answering questions on Relationships is Simon Parritt, a counselling psychologist who has studied psychosexual therapy. Simon was the only disabled director of the former Association to Aid the Sexual and Personal Relationships of People with a Disability (SPOD). We have two Legal experts on our panel. Eleanor Williams is an employment lawyer specialising in discrimination at Darwin Gray solicitors. Disabled herself, Eleanor lectures widely and holds a number of advisory positions. Douglas Joy is the senior solicitor at the Disability Law Service and is blind. He started working in community care and mental health law in 2002. Other Benefits and Debt questions are answered by Gary Martin, who is welfare benefits supervisor at Walthamstow Citizens Advice Bureau. Our Equipment guru is John Mandrak, who is blind and has worked for nearly 25 years as a disability journalist and consultant. He is an advisor on the Disabled Living Foundation’s helpline. Answering questions on Travel is Andy Wright, who is disabled and is managing director of Accessible Travel, a specialist tour operator providing holidays for people with mobility impairments. Our Finance expert is David Clarke, who is blind, has spent 14 years in banking and has worked for three leading financial service providers. He is now a senior partner with Clydesdale Bank. Kate Sheehan answers your questions on Property. She is an independent occupational therapist with 20 years’ experience and a passionate interest in housing. Motoring questions are dealt with by Ed Passant, chief executive of the Forum of Mobility Centres, the umbrella body for 17 independent organisations which provide driver and passenger assessment for disabled people.