HIV and Immigration Conference

posted: 28/10/2010

George House Trust invites professionals to our 26 November conference on Working with HIV positive people subject to immigration controls. This is on Friday 26th November 9.30am - 4.30pm at George House Trust, Manchester.
 

The frequent changes to asylum legislation and policy make it difficult to keep on top of the issues and offer your clients the best advice or most effective practice.
 

Living with HIV adds a further layer of complexity to immigration and asylum applications and appeals. Those living inside the immigration and asylum system are confronted with issues such as poor housing, poverty, alienation and fear.
 

Creative Solutions

The aim of this day is to

• demystify terminology and systems 
• to equip workers with a working understanding of the systems and legislation
• share approaches that effectively support this client group
• suggest creative solutions for professionals to adopt.
   

Speakers include:

• Ruth Heatley, Greater Manchester Immigration Aid Unit - The Asylum Process; Application and Support Systems
• Daniel Murphy – George House Trust Service and Development Manager - HIV and Immigration, including Migrants' Rights to HIV Treatment
• Boaz Trust - Destitution Realities and Support
• Refugee Action - Leave to Remain and Legacy. Life after Asylum

Conference Programme

Cost and Bookings

£40 for Voluntary Sector agencies, £60 for Statutory Sector. If you would like to come but are unable to pay please contact us

To book a place on this course please contact Nathan Perry 0161 274 4499

For more information or specific access / disability requirements contact Daniel Murphy 0161 274 4499
We are 5 -10 minutes walk from Manchester Piccadilly station Map

The Future of Immigration Legal Help

posted: 05/08/2010

Face the Facts on Radio 4 explores the tough problems effective community immigration and asylum advice organisations are facing from the government. Free immigration and asylum legal help is under threat from government policy and practice. The programme includes Greater Manchester Immigration Aid Unit who do so much to help many people living with HIV.

Immigration advice in crisis

An asylum seeker takes his own life after his lawyers go into administration; a man and his family are thrown into detention because they've unwittingly been given false papers by an unscrupulous immigration adviser; a woman who's fled torture but hasn't been able to see her children for years because of bungling lawyers.

Their experiences cost them money and heartache. But poor legal advice can cost all of us in the long run if wrongly advised clients end up appealing their decision, or people, who've been told incorrectly that they can stay, then have to be removed from the country at the taxpayers' expense.
 

Government cuts and changes imperil lives

Changes to the way legal aid is paid have made the system "unsustainable". Asylum lawyers can now wait years for legal aid payments to be settled.

John Waite talks to some of the hundreds of committed advisers who have been forced out of their jobs because they either can't make it pay - or can't do the job properly any more. And he asks the Legal Services Commission to justify a false economy and a failure of justice.

Listen Again

This Face the Facts programe (half an hour long) was broadcast this lunchtime (Thu 5 August) but it is repeated on Sunday 8 Aug at 9pm in the evening on BBC Radio 4

You can also Listen Now online

This article in the Guardian discusses the need for better decisions by the UK Borders Agency on asylum claims because poor intial decisions add to legal aid bills for appeals.

Budget Pain Worse With HIV

posted: 24/06/2010

Low income is a major problem already for many people living with HIV. The emergency budget and service cuts will now make a bad situation even worse.

Here we try to pick out how the budget that is claimed to be ‘tough but fair’ will affect people living with HIV in NW England. We find out how tough and unfair it will be on many people living with HIV.

The Institute for Fiscal Studies analysis shows that the poorest 10% of the population (typically people on benefits and workers on the minimum wage) will face the worst financial pain of the whole population. Excluding cuts in Disability Living Allowance, Housing Benefit and funding for important public services like social care, over the next five years they worked out that the spending power of the poorest 10% of the population will fall by 2.6%.

Add in the affect of changes in disability living allowance, housing benefit cuts and cuts to public services and the poorer part of the population will suffer even more than this.

The budget will cut the incomes of the richest 10% of the population by just 0.6% compared with over 2.6% for the lowest income tenth of the population. How fair is that?
 

What we have to tell you below makes for depressing reading.

We think people with HIV have a right to know how the planned changes over the next five years could affect them.

These changes are not all cast in stone. They have to go through Parliament and you can tell your MP what you think.
 

Disability Living Allowance
Many people with HIV receive Disability Living Allowance (DLA), a benefit paid at different rates to compensate for disability and mobility problems. The budget announced that people on DLA will have a strict new medical examination; these medical examinations will start in 2013. Some people will lose DLA, others will go onto a lower rate. The government aims to cut spending by £1.4 billion within two years of these medicals starting.

We do not know yet if people who have DLA ‘for life’ will have these medicals.
 

Housing Benefit
Housing Benefit / Housing Allowance will be cut after one year by 10% for people claiming Job Seekers Allowance. The amount of Housing Benefit will also be capped, depending on how many bedrooms you have.This and other changes will be cuts costing people on the benefit £1.8 billion a year.

People will either have to pay the extra for their rent from their other income, move somewhere cheaper or smaller, and if evicted for rent arrears are likely to be refused rehousing as a homeless person. Eviction for rent arrears is treated as making yourself intentionally homeless so people are not entitled to be rehoused.
 

Unemployment
There are around 2.5 million people unemployed and about 0.5 million job vacancies. Unemployment is higher in NW England than most other regions. The job vacancies are often low paid.

The budget alone will increase unemployment by another 100,000 and independent experts expect it to reach close to 3 million.

Job seeking prospects will worsen and it is already harder to find work with a condition like HIV.
 

Slow-burn cuts and taxes
Over the next five years people on benefits will slip further behind in what their benefits will be able to buy and with tax changes.

VAT rises at the beginning of January to 20% and VAT always hits people on low incomes hardest.

Most benefits will be uprated for inflation in a new way that will leave people increasingly worse off. This will cut £6 billion from benefits over the next five years.

Child Benefit is frozen for three years from next April – a £3billion cut. Parents who are working will be compensated by Tax Credits, but that doesn’t help parents who aren’t working.
 

Social Services
Local Government and other public services are most used by people who are on lower incomes. Social Services departments of local councils now face cuts of between 25-33%. Social Services provide essential services to people with HIV and they help fund HIV community services like George House Trust.

The AIDS Support Grant which is used to pay for extra support for people with HIV and community HIV services is no longer protected by a ‘ring-fence’. This means councils can now spend it on whatever they like.

We don’t know yet how cuts of between one quarter and one third will affect essential social services for people with HIV and community organisations but we should start to know more from October. We can expect some painful cuts and changes.
 

NHS cuts
The NHS in NW England has been told to save almost £1 billion within the next three years. We do not know whether this will affect people with HIV.
 

State Pension Age to rise sooner
Details are sparse but the government is planning to raise the age at which men and women will get a state pension sooner than was planned. Men who are now 59 will have to work one more year before they can claim a state pension. Pension age will be 66, not 65 as now, for men from 2016. It does not stop there.

They are consulting about raising the pesnion age to possibly 70. Pension ages for women and men could be raised by one year every five years until it reaches 70 for both sexes. If they start this in 2016 as they say they now plan to, men now aged 40 would not get a state pension until they reach 70. Three out of four people will have some disability by the age of 68. Many people with HIV (among many others) are not fit enough to work until the current pension age of 65, particularly in a region like NW England.

Benefit cuts and changes will make it harder for people with disabilities like HIV to live with a decent fair income before pension age.
 

Expect more pain
In October the government will publish its Public Expenditure Review. We can expect lots more cuts in government spending. The government is already saying that it will try to reduce cuts in education and some other public services (but it has not said that it wants to protect social services) by making even more cuts and changes to benefits.
 

Since the second world war, no government has managed to cut public spending for more than two years in a row. This government plans five years of cuts.
 

Some reputable economic commentators, and President Obama, are warning that European countries are behaving like a panicking herd, cutting spending harshly and that this has a high risk of plunging the world into recession once again. The harsh medicine of cuts could kill economic recovery and make the situation even worse.
 

Heath Inequality
The Marmot Review earlier this year was to help the government plan policies that will end harsh health inequalities. It showed that the poor die 7 years younger than the rich, and the poor become disabled 17 years sooner. Cuts to services and benefits in NW England will worsen the already bad record of ill-health, disabilities and early deaths in this region. More unemployment and low income harms people’s health and well-being.

Reductions in benefits, and those 25%+ public service cuts expected in the Autumn Spending Review are estimated to increase alcohol related deaths by about 2.8% and cardiovascular deaths by 1.2%. Both of these disproportionately affect people living with HIV. Every £80 cut in social welfare spending per person causes this, according to a Europe-wide analysis by Oxford University epidemiologist David Stuckler, reported in the Guardian on 25 June and in the British Medical Journal. There are likely to be between 6,500  and 38,000 more deaths in the next ten years. If the economy worsens, extra deaths rise steeply. Apart from benefits cuts, it is cuts to social services and health budgets especially that cause the most health harm. 

The Treasury is ending the public sector agreement with the NHS to raise the life expectancy of the poor. Marmot presented the government with a vision and plan to make sure everyone has a ‘healthy income’, enough money to live healthy lives and improve life expectancy.

The budget and cuts to come make it even more likely we will go backwards and poorer people and people with disabilities, like many people with HIV in NW England, will face worsening life expectancy and poorer health.

Sit back or act?
These changes are not all cast in stone. They have to be passed by Parliament and you can tell your MP what you think. With your postcode you can contact your own MP here.

Help for people on Low Incomes on our website

‘Health Tourism’ Mischief

posted: 08/06/2010

Sunday Times deputy editor Isabel Oakeshott has written an ignorant and mischief-making scare story about people from abroad using NHS money. People with HIV were included among those the NHS ‘counter-fraud unit’ listed as responsible.
 

The story calls it health tourism. The Department of Health has published no evidence that people with HIV come here as tourists deliberately to get HIV treatment. The only evidence there is (a snapshot survey by George House Trust and Terrence Higgins Trust) shows people do not know they have HIV when they travel here (to seek asylum, to start a university course, or to work, or visit family …. ).
 

Legal rights ignored
Most people from abroad who do have HIV treatment have every legal right to this. The few who are chargeable under the legal rules usually only find out they have HIV months or years after arrival, and their HIV diagnosis is always a big shock.

The NHS charging rules worsen public health in the UK by discouraging people from taking (always free) HIV tests. Untested and untreated people with HIV are likely to be much more infectious and lead to more HIV infections in the UK. Testing and HIV treatment can make people with HIV almost uninfectious, and that can save the NHS a lot more money than not treating everyone who needs this. HIV is the only sexually transmitted infection that can be left untreated because of these charging rules.
 

The Times report says that in eight-months last year, hospitals reported £24m in “bad debts”, 'most linked to patients from abroad'. The article suggests hospitals recover some of the cash later, but not much. The report says ‘According to the NHS’s counter-fraud unit, health tourism has a particularly heavy impact on maternity services, HIV care and cancer and heart units’.
 

Wrong about pregnant women, cancer, serious heart disease, HIV rights
The newspaper report is mischievous and malicious. The law and official guidance to NHS hospitals tells hospitals they must provide ‘immediately necessary’ or ‘urgent’ treatment.

Who would or could refuse a pregnant woman emergency care, or someone with life-threatening heart conditions, cancer, HIV?
 

Accident and Emergency – wrong again
It claims, without quoting any evidence, that “thousands of foreigners have been diagnosed in their own countries who cannot afford treatment there simply turn up at accident and emergency units in British hospitals and demand to be seen”.

Again this completely ignores the law and official NHS guidance – anyone needing accident and emergency care is always entitled to it without any charge. We get and would expect this if we are abroad and need emergency care.
“6.7 Some NHS services provided in NHS trusts are free to everyone regardless of the status of the patient. This Regulation says what these services are. The current list includes: a. treatment given in an accident and emergency department or casualty department......”
 

Doctors opposed
It correctly reports that most doctors dislike the charging system because medical ethics and the Hippocratic oath mean it is unethical to turn away patients who need urgent medical help.
 

Blame the Irish and Welsh – wrong
It also falsely blames people from the Irish Republic. Irish Citizens have always had the right to come and go freely and live here and use UK services. Brits can do the same in Ireland.

It seeks to create divisions within the UK by blaming people living in Wales for using NHS services in England, although the Welsh pay UK taxes just like everyone else. The Welsh are not foreign or migrants.
 

The Department of Health is already reviewing its policy on foreign patients.
 

Times article

Unlawful HIV+ Migrants Detention

posted: 19/04/2010

Two people with HIV are claiming that the Home Office (and UK Border Agency) are illegally failing to provide them with adequate HIV treatment and care while they are held in detention for months. The same solicitors who took the Department of Health to courts for charging refused asylum seekers and other migrants for their HIV treatment, Pierce Glynn, are dealing with these two cases.

HIV+ migrants detention not ' very exceptional'

Home Office guidance says that someone with a serious medical condition (like HIV) should only be detained if there are “very exceptional circumstances.” Despite this, the Home Office has failed to justify detention of either person as ‘very exceptional’. Additionally, the standard of healthcare provided in immigration removal centres falls well below that which is essential for people with a serious condition such as HIV. For both people, during many months of detention, their HIV treatments have run out several times, and they have not been taken to appointments with their HIV consultant.

These two cases illustrate the concerns raised repeatedly by HIV organisations and HIV clinicians. These Judicial Review hearings should take place in the next two months.

Released after 8 months
In a related case, the same solicitors, Pierce Glynn, obtained the release of another HIV+ detainee who was held for eight months, again with no exceptional circumstances to justify this detention. After solicitors letters threatened a judicial review, the Home Office released the person. The solicitors are now suing the Home Office for damages due to the lengthy and unnecessary detention, and their failure to provide appropriate medical care.

Source