Industrial Injuries Disablement Benefit

Industrial Injuries Disablement Benefit (IIDB)

This is a weekly allowance paid by the DWP (even if you are retired and over the age of 65) if your asbestos-related illness has been caused by your current job or any previous job.

The allowance can also be paid to people who have suffered injuries at work and for a large number of other industrial diseases which have been listed by the Government as being caused by work. Examples of other diseases caused by work are chronic bronchitis and emphysema and dermatitis. These are known as Prescribed diseases and in DWP leaflets the initials ‘PD’ are used to refer to these diseases. If you are suffering from several illnesses and have had several injuries at work you can make a separate claim for each one.

The asbestos diseases that are prescribed are given a prefix letter ‘D’ and then a number to identify them. Pleural plaques are not a prescribed disease.

What are the prescribed asbestos-related diseases?

PDD9 Diffuse Pleural Thickening (see over)

PDD1 Asbestosis

PDD8 Asbestos-related Lung Cancer (see over)

PDD3 Mesothelioma

There are specific requirements for diffuse pleural thickening and asbestos-related lung cancer that must be met to qualify for IIDB.

· For diffuse pleural thickening the costophrenic angle of the lung must be obliterated.

· For lung cancer there must be a diagnosis of asbestosis as well as lung cancer, or work must have been undertaken in one of the 4 specified manufacturing industries for a specified period of time:

a. The manufacture of asbestos textiles, or

b. Spraying asbestos, or

c. Asbestos insulation work, or

d. Applying or removing materials containing asbestos in the course of shipbuilding

* Where any or all of the exposure occurs before 1.1.75 for a period of, or periods which amount in aggregate to, 5 years or more

*Where the exposure occurs from 1.1.75, for a period of, or periods which amount in aggregate to, 10 years or more.

How to claim IIDB

In order to claim IIDB for any of the above diseases you will have to fill in form B1100PN which you can get from any Jobcentre Plus office or Social Security Office. You have to indicate on the form which disease you have. If you are not sure which disease you have, get your GP or your consultant to tick one of the boxes above or one of the boxes on the form B1100PN.

Facts about Industrial Injuries Disablement Benefit

This weekly Allowance:

· Can be claimed at any age. There is no lower or upper age limit. You can therefore claim it long after you have retired.

· Can be claimed if you have not paid any National Insurance Contributions.

· Is not affected by any income. It can be paid on top of any amount of savings, earnings or other income but it will reduce your Pension Credit, Income Support, Income-based Job Seekers Allowance, Housing/ Council Tax Benefit. You should therefore always check what effect IIDB will have on your benefits. But, IIDB may increase Pension Credit (Savings Credit) and allow you to claim a Workers’ Compensation Act payment.

· Is payable from 15 weeks after the onset of your illness except if you have mesothelioma when you will not have to wait this 15 weeks and will be paid as soon as you are disabled by the disease.

· Cannot be backdated more than 13 weeks. In order not to lose Benefit you should contact the Jobcentre Plus or Social Security office as soon as you think that you are suffering from an asbestos related illness that has been caused by your work.

· Can be paid on top of the following Benefits/Allowances

- Contribution-based Jobseekers Allowance

- Incapacity Benefit if you are ill

- Retirement Pension if you are retired

- Widows/Bereavement Benefits if you are widowed

- Carer’s Allowance if you are a carer

PLUS

- Disability Living Allowance (Mobility Component) if you have

walking difficulties

- Disability Living Allowance (Care Component) if you need care/attention from another person in connection with your personal needs

- Attendance Allowance if you need care/attention from another person in connection with your personal needs

How does the DWP check that work caused my disease?

You will have to list all your previous employers on the form BI100PD and say if you were exposed to asbestos dust and how you were exposed in each employment. The Jobcentre Plus will contact your employers to check whether you were exposed to asbestos. If your employers say that you were not exposed to asbestos, or if your employer has gone out of business, then you may have to try to find witnesses who can support your claim that you were exposed to asbestos.

If you are not sure whether you were exposed to asbestos talk to your trade union and to your solicitor and to members of the asbestos support group. This is especially important if you worked in the construction industry where many employers will have ceased trading and there are many sources of asbestos exposure.

For most asbestos diseases you have to show that there was a ‘substantial exposure’ to dust and show that you were exposed to dust for a prolonged period of time. However, for mesothelioma, because it can be caused by less exposure, it is only necessary to show that the level of asbestos exposure at work was above that commonly found in the environment. But in all cases you only have to show that ‘on a balance of probabilities’ your occupation exposed you to substantial asbestos dust. You do not have to prove this beyond reasonable doubt.

How does the DWP assess my disability?

Once the Jobcentre Plus is satisfied that you worked in an occupation that exposed you to asbestos you will be asked to attend a medical to determine whether you have a prescribed disease. A Medical Services doctor will examine you and ask you questions about how your disease affects you. They will want to know how disabled you are because of your disease. If necessary, the doctor will visit you at home.

It is important that you do not ‘put on a brave face’ for the doctors, but explain very clearly how your disease affects you. Think about how your disease affects you at night, when seated and standing, dressing and undressing and when walking. Explain what you cannot do now compared to what you used to be able to do. Tell them if you are in pain and if it is difficult to catch your breath. Don’t tell them how well you can cope but how difficult it is to cope. They will not understand the cost to you of ‘coping’ if you try and ‘be brave’ about the effects of your illness.

The doctors will decide how disabling your disease is, partly from your answers and partly from your medical records and their own examination. You have to have 14% disability to get benefits for diffuse pleural thickening and asbestos-related lung cancer. But, you only have to have 1% level of disability to get benefits for asbestosis or mesothelioma. They may decide to award a final settlement for life, or for a fixed period of time. If it is for a fixed period you will have to attend another medical at the end of that period.

NOTE. As from 29 July 2002 mesothelioma sufferers, and from April 6th 2006 asbestos-related lung cancer sufferers, will not have to see a Medical Services doctor. A specialist nurse or doctor’s report will be accepted as evidence of the diagnosis and 100% disability assessment will be given automatically.

What if the Jobcentre Plus refuses me Industrial Injuries Disablement Benefit or I do not agree with the amount of Benefit that has been awarded?

You can request that the decision is looked at again by the Jobcentre Plus and then by an APPEAL TRIBUNAL. You should get expert advice first because you can end up with less benefit or being told that you are not suffering from an asbestos-related disease.

You must write to the Jobcentre Plus within one month of the date of the letter containing the decision and state that you wish to appeal against the decision. For example: If the date of the letter is 4^th November 2002 you will have until the 3^rd December 2002 to deliver your letter to any Jobcentre Plus office. It can be hand delivered on this day.

If more than a month has passed since the decision was made it is still worth while writing a letter because Appeal Tribunals CAN accept appeals up to 13 months after the decision is made. There have to be special reasons causing the delay and not all late appeals are accepted.

What should you put in the letter?

You have to state clearly the reasons why you are appealing. It is best to get advice on this from a Citizens Advice Bureau or GMAVSG or Law Centre.

What is the Appeal Tribunal like?

There will be one doctor present at the appeal who is a chest specialist, and a solicitor or barrister who will lead the procedure at the Tribunal Hearing. The legally qualified person should ensure that the law is followed and that the doctor only asks you relevant questions and considers relevant evidence. However it is important to have a Welfare Rights specialist act as your representative so as to ensure that both the doctor and the legally qualified person ask only appropriate questions and follow proper procedures at the hearing.

What can I do if I lose the Appeal?

If you lose the appeal or do not receive as much benefit as you think you should get you may appeal further under special legal circumstances to a Social Security Commissioner or apply for another Tribunal Hearing but it is not always possible to do this. You should always seek expert advice before considering such an appeal because you can end up with less benefit.

What if I was exposed to asbestos as a member of HM Armed Forces?

If you are suffering from an asbestos related illness through military service you may be entitled to claim a War Disablement Pension.

For further information contact:

Service Personnel and Veterans Agency

Norcross

Blackpool

FY5 3ZZ

Helpline Tel: 0800 169 22 77 or

Veterans Welfare Service

Albert Bridge House

Bridge Street

Manchester,

M60 9DF

Helpline Tel: 0161 831 2195/6

What if I worked with asbestos before the 5^th July 1948

If you were exposed to asbestos before 5^th July 1948 you can claim an allowance under early legislation. For information telephone the DWP on 0845 603 1358 and ask for the Old Schemes Section.

Can I claim IIDB after someone has died?

It is possible to claim IIDB in respect of someone who was entitled to IIDB, but died before being able to make a claim. This is called a ‘posthumous’ claim.

How to make a posthumous claim

If you wish to make a posthumous claim you should write to your local Jobcentre Plus office requesting to be appointed to act on behalf of the deceased person. You should then complete the form BI100PD to make a claim just as if the person were still living and send the form plus an original death certificate (interim or full) with your letter to the Jobcentre Plus.

Time Limits that apply to a posthumous claim

There are time limits for making a posthumous claim for IIDB. You should apply to be the ‘appointed person’ within 6 months of the date the death certificate was issued. You then have 6 months to make a claim. However, the absolute nature of the 6 month time limit has been removed so that you have 12 months to complete both actions, but the longer you take to apply to be the appointed person, the shorter the time you will have to lodge your claim.

Payment of arrears

For payment purposes, a posthumous claim is treated as if it had been made by the deceased person on the day they died. The maximum amount of back payment is 13 weeks.

Can I make posthumous claims for other benefits?

Constant Attendance Allowance and Exceptionally Severe Disablement Allowance can also be paid posthumously.

Change of Circumstances rule

If someone dies as a result of an asbestos disease it is possible, if their disability assessment is less than 100%, to request that their disability benefit is increased to 100% for three months prior to death. This request must be made within one month of death.

What benefits other than IIDB can I claim?

You may be able to get the following extra allowances once you have IIDB:

· Constant Attendance Allowance (see below)

· Exceptionally Severe Disablement Allowance

· Reduced Earnings Allowance

· Other benefits which you may be able to claim are:

· Incapacity Benefit

· Disability Living Allowance

· Attendance Allowance

· Income Support or Pension Credit, Housing Benefit and Council Tax Benefit

· Carer’s Allowance

· Home Responsibilities Protection

· Bereavement Benefits

· Child Tax Credit/Working Tax Credit

Reduced Earnings Allowance

You can get this allowance if your disease started before 1.10.1990 and the disease was prescribed before 10.10 1994. Your disablement has to be assessed at least at 1%. You must be unable to return to your regular occupation and the objective of the allowance is to make up for any reduced earnings capacity. You can claim even if you are over pension age. It is best to get advice about claiming this benefit.

Constant Attendance Allowance. The form to apply for Constant Attendance Allowance is sent automatically to mesothelioma sufferers because they will be awarded 100% disablement. Mesothelioma patients may feel that the questions about their current disablement are not relevant to them. They may wish to put the form on one side and claim this allowance later. See page 30.

Industrial Injury Disablement Benefit Weekly Rates

The weekly payments listed below are taken from information provided by the Jobcentre Plus, and are to be taken as a guide to the

payment you may be paid.

Disablement Benefit
Disablement	aged over 18	aged under 18 with no dependants
100%	£136.80	£80.70
90%	£123.12	£7447
80%	£109.44	£67.08
70%	£95.76	£58.70
60%	£82.08	£50.31
50%	£68.40	£41.93
40%	£54.72	£33.54
30%	£41.04	£25.16
20%	£27.36	£16.77
Pensions for pneumoconiosis, byssinosis and mesothelioma assessment:
1% to 10%	£13.68
11% to 19%	£27.36