Janet Solomons says the loss of the allowance would be devastating for her son Continue reading the main story
Ministers want to replace Disability Living Allowance (DLA) with a new Personal Independence Payment.
The government says the changes are designed to streamline the system as well as make cuts of 20%.
Disability lawyer Mike Charles told the BBC the moves could be unlawful if they denied individuals the right to quality of life.
The change would mean new assessment tests for claimants who would also need to have had a condition for six months.
'Equal playing field'
Mr Charles said: \"The human rights act says individuals have a right to family life, have a right to a quality of life, the whole purpose of the DLA is to put them on an equal playing field with everyone else.
\"Any proposal that fails to appreciate those fundamental rights could find it is an infringement of the law.
\"My view is even if its not against the letter of the law, it is against the spirit of the law.\"
His opinion is backed up by other specialist disability lawyers.
Charities including Disability Alliance claim the proposals are not about simplifying the system but are about removing 380,000 claimants from it.
Disability charity Scope said it was unhappy that the mobility component of the DLA for care home residents, which supports people who need help getting around, would be scrapped.
Who can claim DLA?
People with a physical disability; including a sensory disability, such as blindness
People with a mental disability
Those whose need help to care for themselves
Claimants must be under 65
Scope chief executive Richard Hawkes said: \"We would say that that is quite a callous decision. It will result in people being prisoners in their own homes, they won't be able to do those daily things that everybody else would take for granted.\"
Janet Solomons, from north London, whose son Benji, receives DLA, said: \"He lives in a residential care home where he has been for some 17 years now and he has benefits which includes the mobility allowance, which allows him to get out and about.
\"It's a very specific allowance and it makes an enormous difference to the quality of life that he has in that home.\"
She said the impact of removing the DLA would be terrible: \"He really enjoys going to a club on a Monday evening.
\"It is only a couple of miles away but he needs a taxi to get there. If he did not have the allowance he just would not be able to go there.\"
The government, which claims the changes could reduce spending by 20%, says it is committed to helping disabled people live independent lives and that the changes are needed.
The proposals are part of a consultation process that ends on 14 February.
The Minister for Disabled People, Maria Miller, urged people to give their views before the consultation ends on the 14th of February:
She told the BBC: \"It's really important that when people do give their input into the consultation that there is a realism about it.
\"We are dealing here with a benefit which as I said is one of the largest benefits that's paid in the UK and that we need to make sure it's getting to the people who need it most.\"
Do you currently claim DLA? What is your reaction to government plans to replace the benefit? And what do make of the suggestion that the change could be unlawful? You can send us your views and experiences<br><br>Post edited by: Able_Here_Team, at: 2011/01/08 10:25
well it may be against the law - but who of us on DLA can afford to fight it ?? - this whole thing is nothing more than a cynical ploy by a gang of well to do politicos - none of whom are disabled - and like wise don't have to live on pittance medical pensions after putting into the \"system\" for a lifetime
these people don't have a clue about how the disabled have to survive - the media have jumped on the band waggon in villenising the disabled as workshy scroungers and fakers - and many \"able\" people have disablist attitudes ( comes from ignorance and reading papers )
certainly what does NOT help is the cynical exploitation of DLA and other benefits by those who work the system but can then be found to be playing football etc and get highlighted by the press - do they not realise the damage they do to the rest of us ?? - or more to the point do they care ??
but of course WE are an easy target - only yesterday the PM claimed he could not \"hammer \" the banks and bankers - who together with the speculators ARE part of the real problem in this country -GREED AND MATERIALISUM !!
i could go on - but many of my views on the REAL ills and costs to this country are sooooo \"UN PC \" - that i would probably get banned from the site - seems that truth is another victim of political policy along with free speech in this country
any ways i have sent in my views to the consultation - have you ?? - as to if anyone is actually listening - well that's another matter
Regarding, \"we are an easy target!\" True right!! Even more easy target for disabled people in care homes as the government are taking away the mobility allowance from them. This means no more days out for them. A word comes in to my mind Jail
At moment I use my dla for extra stuff like heat pads and muscle rubs, oils for bath etc. Along with taxis to get my shopping and since not entitled to any heating payments I also use it to keep heating on in this cold weather. I don't get care component just mobility. If they stop it or dictate what it is used for as a person on own with no car not sure how I'll get shopping or cope without the extra heating and little bits that make life slightly less painful. Without the dla you don't get the free bus pass either so I couldn't afford to go out more than once a week especially as i can't walk for long periods so get on bus from a-b. I don't drink or smoke or go out at night have to ask what they expect from us??
Cold Weather Payments can help people who are in receipt of certain benefits with their additional heating costs during winter.
A payment will be made for each seven day period of very cold weather between 1 November and 31 March.
A network of weather stations covering the whole of Great Britain will gather temperature information. Payments will be made when the local temperature is recorded as, or forecast to be, zero degrees Celsius or below over seven consecutive days.
Hi Guy and Girls. Further to the information that has been written on this, it may be useful for you to have a look at this site
Unfortunately it does cost you £20 per year to join, but it gives you all the information with regards to DLA Income Support and various other information on benefits. Once joined you can download any information you require. It does deal with the new benefits to work rules and medicals, which are very harsh and severe. It will also help you if you are going to medicals, and you want to know what sort of things they are going to look at or ask. It will also explain how you will be graded and be warned if you can pick up something and try to put it in your pocket:dry: you could loose benefits, or even make a cup of tea. Yes it is the most drastic of all changes I have ever seen, but you do have a right to appeal.
I saw on the BBC news this morning about the 'new' incapacity papers, and that everyone is going to be re assessed. And the woman who was on the BBC couch was turned down!and She was pretty unwell. The first thing that came in to my head was 'if she got turned down what chance have we all got!' my hubby is telling me to calm down! but what chance have we got calming down when your own GP will not be allowed a say in whether you get it or not. It will be decided by a bunch of pen pushers!!