As a disabled person who will be on Spouse Visa in the UK, I was worried about the possible dilemma I might face once there to be able to commute between work and home. In Pakistan I have a car and driving license and therefore this problem never occurred here, but over there in UK I wont have the money to buy a car before I find a job. This will put me in a catch-22 where I wont be able to buy a car because I don’t have a job and I won’t be able to do a job cause I don’t have a car. Since I walk using crutches, walking long distances is impossible for me. I can only walk non-stop for 15 minutes max at a time.
Getting a wheelchair is another option, but it would take me a while to learn to be on the wheelchair since I have never used one before. And the electronic ones cost a lot. Therefore I went on to research a bit on this issue.
Apparently there is a Motability scheme. However being on Spouse Visa, since I will be able to have no recourse to public funds (NRPF), and the eligibility requirements for Motability scheme are:
· Higher Rate Mobility Component (HRMC) of the Disability Living Allowance (DLA) - currently £46.75 per week - or,
· War Pensioners' Mobility Supplement (WPMS) - currently £52.25 per week.
Therefore since I wont be able to receive benefits, I wont be eligible for DLA, hence I wont be eligible for motability. This means I wont be able to claim a scooter, powered wheelchair, or a car.
The definition of public funds is as below:
attendance allowance, severe disablement allowance, carer's allowance and disability living allowance under Part III of the Social Security Contribution and Benefits Act 1992;, income support, council tax benefit and housing benefit under Part VII of that Act; a social fund payment under Part VIII of that Act; child benefit under Part IX of that Act; income based jobseeker's allowance under the Jobseekers Act 1995, state pension credit under the State Pension Credit Act 2002; or child tax credit and working tax credit under Part 1 of the Tax Credits Act 2002.
Now as a disabled person living legally in the UK on Spouse Visa, I would be entitled to a community care assessment under the NHS and Community Care Act 1990. Therefore my needs can be assessed as eligible for a service under the local authorities Fair Access to Care (FAC) criteria.
Now if you’d take a look at this you'd notice:
The National Assistance Act gives local authorities the power and the responsibility to provide accommodation and subsistence to people who are destitute, vulnerable as a result of old age, illness or disability and in need of care and attention. For the majority of the population its provisions are largely superseded by welfare benefits and housing legislation. However failed asylum seekers are not eligible to apply for state benefits or Council Housing. Therefore the provisions of the National Assistance Act may apply.
Therefore it clearly states that since for the majority of the population its provisions are largely superseded by welfare benefits and housing legislation, therefore I may avail the assistance given by NAA. But, the catch here is that the duty to assess those who may be eligible for services lies in the NHS and Community Care Act 1990 Section 46.
There is also a scheme called “Access to Work”.
According to Directgov website:
You may be able to get Access to Work if you are:
· in a paid job
· unemployed and about to start a job
· self-employed
The definition of Public Funds, as in para 6 of the Immigration Rules, does not include the "Access to Work" scheme. This clearly means that I, being a non-EEA national, on Spouse Visa (time limited visa) will be able to avail this scheme. The Disability Employment Adviser at the local jobcentre will analyse the disability and give appropriate help.
According to the Directgov site:
Whatever your employment status, Access to Work will also pay up to 100 per cent of the approved costs of help with:
· support workers
· fares to work
· communicator support at interview
Access to Work pays a proportion of the costs of support if all of the following apply to you:
· you're working for an employer
· you've been in the job for six weeks or more
· you need special equipment or adaptations to premises
Therefore it shows that I would atleast be given a wheelchair and I have heard that they might even pay taxi fares. Anyway so after reading all this, I thought I’d share it with those of you who might a face similar problem. Things look good so far to me.
Showing posts with label non-eea. Show all posts
Showing posts with label non-eea. Show all posts
Thursday, January 8, 2009
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