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Benefits

There are a number of benefits that you may be entitled to if you are suffering with an asbestos related condition. Contact us if you would like any assistance in completing the forms.

Industrial Injuries Disablement Benefit

Industrial Injuries Disablement Benefit (IIDB) can be claimed when a disease such as mesothelioma, diffuse pleural thickening or asbestosis, amongst others, has been caused by work.

Who can claim?

A person exposed to asbestos in the workplace on or after 5th July 1948. The employment must have been in the UK and the person must have been liable to pay income tax.

How much will I get?

The amount you receive depends on your age and how much your disease affects or disables you. You will be assessed by a doctor who will decide on the severity of your disability due to your disease.

Here is a guide as to the amount you may receive:

Assessed level of disablement Weekly amount
100% £143.60
90% £129.24
80% £114.88
70% £100.52
60% £86.16
50% £71.80
40% £57.44
30% £43.08
20% £28.72

Please note this is only to be used as a guide.

Please be aware that there are time limits for submitting applications. If you would like to know more please contact us.

Pneumoconiosis etc (Workers’ Compensation) Act 1979

This is a government run scheme which makes a one off payment to people suffering with asbestos diseases and their dependants. It is available for those sufferers whose employer has gone out of business and/or where their insurers are untraceable.

You can apply for a payment under this scheme if you suffer with one of the following diseases:

  • diffuse mesothelioma
  • pneumoconiosis (including asbestosis, silicosis and kaolinosis)
  • diffuse pleural thickening
  • primary carcinoma of the lung if accompanied by asbestosis or diffuse pleural thickening
  • byssinosis

If the sufferer has died their dependants can make a claim.

In order to make a claim for this payment you must have applied for Industrial Injuries Disablement Benefit. However do not wait to for the decision if your IIDB claim is pending, you should make your application as soon as possible.

Please be aware that there are time limits for submitting applications. If you would like to know more please contact us.

2008 Diffuse Mesothelioma Scheme

The 2008 Diffuse Mesothelioma Scheme came into operation on 1 October 2008. Its purpose is to ensure that all mesothelioma sufferers (or their dependants) receive a payment. It plugs a gap whereby previously only employees would receive a payment from the state. Now, if a sufferer is exposed in the UK they will be entitled to a payment. This means that people exposed outside of work can claim under this scheme, this includes:

  • Cases of secondary exposure, that is from coming into contact with asbestos from a relative, for example by washing their clothes;
  • Cases of environmental exposure, for example living near an asbestos factory;
  • Exposure to asbestos while self-employed;
  • Exposure cannot be specified but it occurred in the United Kingdom

The scheme therefore rights a very grave wrong, and provides payment to a significant category of sufferers who previously would have received nothing from any source.

The Qualifying Conditions

There must be evidence that the person suffers from diffuse mesothelioma as a result of exposure to asbestos:

  • The person must have been exposed to asbestos in the UK;
  • The sufferer must make a claim within 12 months of diagnosis; or
  • If a dependant, the claim must be applied for within 12 months of the date of the person’s death.

Who can claim?

The mesothelioma sufferer, or any of the following people:

  • The married widow or widower of a sufferer who has died; or
  • The child of a sufferer who is under age 16, or under age 21 but not in full time employment;
  • The partner of a sufferer has to have been living with the sufferer up to the date of death and there must not be a married widow or widower still alive; or
  • Any other relative who was dependant on the sufferer at the time of his death

If you would like to know more or would like us to apply for a payment under the 2008 Diffuse Mesothelioma Scheme on your behalf, please contact us.

Other Benefits

Pension Credits

Pension Credit comes in two different types, Guarantee Credit and Savings Credit.

Guarantee Credit

This can be awarded to people who are living in Great Britain and are over the age of 60 and tops up weekly income to £130 if you are single or £198.45 if you have a partner.

Savings Credit

This can be awarded to people who are living in Great Britain, are over the age of 65 and have made some provision to their retirement, for instance, a second pension or savings. You can receive weekly amounts of up to £20.40 if you are single and £27.03 if you have a partner.

To find out if you can claim for Pension Credits contact The Pension Service on 0800 99 1234.

War Disablement Pension

If you suffer from an asbestos related condition due to exposure to asbestos during military service, you could be entitled to claim War Disablement Benefit.

Contact:

The Veterans Agency, Norcross, Blackpool, FY5 3WP

Tel: 0800 169 2277

Or:

The War Pensioners Welfare Service, Albert Bridge House, Bridge Street, Manchester, M60 9DF

Tel: 0161 831 2195 / 0161 831 2196

Incapacity Benefit/Employment and Support Allowance

If you suffer an illness or disability which stops you from being able to work, you may be able to claim Incapacity Benefit.

This is a benefit which is paid weekly to people who are under State Pension age and are unable to work.

On 27th October 2008 Employment and Support Allowance (ESA) was introduced. This replaced Incapacity Benefit and Income Support and is paid to new claimants for illness or disability.

To receive this benefit you need to have been:

  • unable to work due to illness or disability for a minimum of 4 consecutive days, this includes weekends and public holidays
  • unable to work due to illness or disability for 2 or more days in 7 consecutive days
  • paying National Insurance contributions
  • receiving special medical treatment

You must also have been under State Pension age when you became ill or disabled and:

  • be self employed or unemployed
  • have been paid Statutory Sick Pay and it has ended or you are unable to get Statutory Sick Pay
  • have received Statutory Maternity Pay and are not capable of returning to work

To begin a claim for Incapacity Benefit, contact Jobcentre Plus on 0800 055 6688.

Disability Living Allowance

This is a benefit paid to disabled people, the amount of payment is dependant on how the person is affected by their disability.

To see if you can claim for Disability Living Allowance you can contact the Benefit Enquiry Line on 0800 88 22 00.

Attendance Allowance

Attendance allowance is a tax free benefit given to people over the age of 65 who require assistance with personal care due to physical or mental disability. The amount awarded is dependant on how the disability affects the person.

If you have a terminal illness which means you are not expected to live for more than 6 months, there are special rules for claiming attendance allowance. These should ensure you receive your benefit quickly and easily.

To find out more, contact the Benefit Enquiry Line on 0800 88 22 00.

Constant Attendance Allowance

If you receive Industrial Injuries Disablement Benefit or War Disablement Pension and need daily care due to your disability, you can claim Constant Attendance Allowance.

If you claim Industrial Injuries Disablement Benefit, to claim Constant Attendance Allowance you have to:

  • be 100% disabled, for instance, require home nursing
  • require daily assistance, care and attention

If you claim War Disablement Pension, to claim Constant Attendance Allowance you have to:

  • be receiving a war pension of at least 80%
  • require personal assistance for the same reasons you receive the war pension

If you receive Industrial Injuries Disablement Benefit, to find out whether you can claim Constant Attendance Allowance contact your local Jobcentre.

If you receive a War Disablement Pension, to find out whether you can claim Constant Attendance Allowance contact the Service Personnel and Veterans Agency on 0800 169 2277.

Exceptionally Severe Disablement Allowance

If you are eligible for Constant Attendance Allowance and receive either the intermediate or exceptional rate and are exceptionally severely disabled and are likely to be permanently, you may be able to claim for this benefit.

To find out more contact your local Jobcentre.

Bereavement Payments

If your partner, husband or wife has died due to their work, you were under State Pension age on the date they died and your partner, husband or wife was not entitled to receive Category A State Retirement Benefit when they died, you can claim for a bereavement payment. Provided you were not divorced from them at the time of death, living with another person as partner, husband or wife and you are not in prison, you should be able to claim this tax-free, one-off, lump-sum payment of £2,000.

Funeral Payments

If you have a low income and need assistance in paying for a funeral you may be eligible for help from the Social Fund.

These payments are dependant on benefits you may be receiving and your relationship with the person who has died. Payments or part payments may have to be repaid out of the deceased’s Estate.

For further information contact your local Jobcentre.

Advice

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