Corries Solicitors are supporting Mesothelioma UK with the Action Mesothelioma day on Friday 5th July 2019.
Continuing our series of short helpful articles we provide this guide for all asbestos victims to see if they can get extra help with benefits for asbestos disease.
Check first !
Corries are not benefits specialists. Some claims for benefits may affect what other benefits you get. means testing and cross over issues may mean it is better not to claim some benefits. If in doubt we can steer you to the turn2us website link https://benefits-calculator.turn2us.org.uk/AboutYou?utm_source=BAdviser&utm_medium=referral&utm_campaign=GovUK
If in doubt then a visit to your local Citizens Advice Bureau may be sensible. Alternatively consider asking Age UK if they can help – their website link is here https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/
We would certainly not wish to make anyone worse off from claiming benefits so always you check before you apply.
Industrial Injuries Disablement Benefit (IIDB)
This is a weekly benefit that is paid for certain industrial diseases including:
D1 – Asbestosis
D3 – Mesothelioma
D8 – Lung cancer with or without Asbestosis
D9 – Pleural Thickening
If your job involved work with asbestos after 4 July 1948 and you develop any of those conditions you can try and claim that benefit. To succeed you need to complete a form BI 100PD.
The idea behind the benefit is in essence to provide an income or help with income to cover additional costs due to the person’s illness through work accident or disease. There is a graded scale of benefits depending on the level of disability suffered.
The application may require a medical examination and interview though some conditions (such as mesothelioma) are dealt with on the papers. There is a minimum threshold of disability so very minor conditions may not attract a payment. The claims may be revisited if the sufferer gets worse due to the work accident or disease.
We suggest that you go on to the Government website here https://www.gov.uk/industrial-injuries-disablement-benefit/what-youll-get
This will provide a lot of information about what benefits can be claimed.
This benefit is only paid if you need daily care. It is not means tested.
The purpose of the benefit is to provide a weekly payment graded on two levels of payment of moderate and high and is paid weekly to the victim to then use as they see fit. A medical examination may be needed but not usually for mesothelioma victims.
The benefit is intended to provide financial support to pay for care and additional expenses incurred from living with someone with a disability. It is available for a broad variety of illnesses and is not confined to those who have suffered work accident or illness.
The details for these benefits can be found on the above government website here https://www.gov.uk/attendance-allowance
For those under 65 who help provide care then consider seeking Carers Allowance – a link for this is here https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/carers-allowance/
Pneumoconiosis Workers’ Compensation Act Scheme (PWCA)
This provides for a lump sum payment to asbestos victims and/or their dependents where one of the above diseases has been diagnosed.
You have to be receiving Industrial Injuries Disablement Benefit before you can receive a lump sum. To receive a payment you cannot have started or brought a court action or receive compensation from your employer. Your employer must have stopped trading or the employment must be more than 20 years ago.
The same website link can give you information about the benefits offices
We frequently recommend that you apply for this payment as soon as possible. The application should be made on form PWC1.
The sum that is paid is credited against any claim for compensation.
The 2008 Mesothelioma Scheme
This scheme pays a lump sum to victims of Mesothelioma who were not eligible to receive either IIDB or a PWCA payment eg if they were self employed or not exposed to asbestos in the workplace eg from a relatives clothing.
To receive an award under this scheme you need to have been exposed to Asbestos dust in the UK and have not received compensation elsewhere. The scheme is very similar to the 1979 scheme except for the criteria mentioned above.
The link for this scheme is here https://www.gov.uk/diffuse-mesothelioma-payment/eligibility
A common complaint is that people do not get benefits when they need it. Our experience is that this is not the case and that for asbestos disease victims then benefits can be secured and can make a real difference.
Mesothelioma UK produce a series of facts sheets which will give some more helpful information – try this link if you think you should apply https://www.mesothelioma.uk.com/information-support/information/benefits-compensation/