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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
• PDD1  Asbestosis
• PDD8  Lung Cancer with PDD1 (asbestosis)
• PDD8a Lung Cancer in the absence of asbestosis
• PDD3  Mesothelioma

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

• Diffuse pleural thickening - there must be sufficient unilateral or bilateral diffuse pleural thickening with obliteration of the costophrenic angle(s)
• Lung cancer - PDD8  - there must be accompanying  asbestosis.  As  of 6th  April 2006.  PDD8a  - exposure to asbestos must be in the course of  (a the manufacture of asbestos textiles (b spraying asbestos (c asbestos insulation or (d applying or removing materials containing asbestos in the course of shipbuilding.  Where all or any part of the exposure occurs before 1st January 1975 for a period of, or periods which amount in aggregate to 5 years or more, or 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/Allowance

·         

• 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

o    Disability Living Allowance (Mobility Component)

o    Disability Living Allowance (Care Component)

o    Attendance Allowance

How does the DWP check that work caused my disease?

You will have to list all your previous employers on the form B1100PN 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 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 doctors will examine you and also 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 will not have to see a Medical Services doctor. A GP or consultant’s report will be accepted as evidence of the diagnosis and 100% disability assessment will be given automatically.

From 6th April 2006  -  Lung cancer sufferers will not have to see a Medical Services doctor.  As  for mesothelioma  a report from a GP, Consultant or letter from a lung cancer nurse specialist should be accepted as evidence and  award of 100% should automatically be given. 

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 has 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   DAST or Citizens Advice Bureau.

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:

The Veterans Agency

Norcross

Blackpool

FY5 3WP

Helpline  Tel: 0800 169 22 77 or

The War Pensioners 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 5th 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 B1100PN 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

·         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 Responsibility 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.

Workers’ Compensation Scheme

Under the Pneumoconiosis etc (Workers’ Compensation) Act 1979 you may also be entitled to a lump sum from the Government.  Whether or not you are entitled to a lump sum is dependent upon whether the company or any of the companies that exposed you to asbestos are still in existence or how long ago you worked for the company/companies that exposed you to asbestos.  How much you are entitled to is dependant upon your level of disability as determined by your claim for Industrial Injuries Disablement Benefit.

Mesothelioma 2008 scheme

Benefits to Assist with Walking

DISABILITY LIVING ALLOWANCE  - MOBILITY COMPONENT

You may be able to claim this Allowance at the higher rate if you have not yet reached your 65^th birthday and you can only walk a short distance before you feel severe discomfort. It is therefore not just for wheel chair bound people.

You may be able to claim this Allowance at the lower rate if  you have not yet reached your 65^th birthday and you can walk  without discomfort at all but always need to be accompanied by another person.

The allowance can be paid on top of any income or savings including Pension Credit, Income Support and Housing Benefit and Council Tax Benefit. It may even help to increase your Income Support. It is tax free and you do not have to have paid any National Insurance Contributions.

Exemption from road tax

Exemption from road tax is available for those vehicles used exclusively by, or for the purposes of, people receiving the higher rate of the mobility component of Disability Living Allowance or War Pensioners' Mobility Supplement. Application forms (V188 Exemption from Vehicle Excise Duty for Disabled People) can be obtained from main post offices.

Benefits to Assist with Care Needs

DISABILITY LIVING ALLOWANCE - CARE COMPONENT

You may be able to claim this Allowance at one of 3 rates if you have not yet reached your 65^th birthday and you need care and attention from another person. You do not have to show that you are getting the care. People living alone who are struggling to do things because of pain and/or fatigue may qualify

ATTENDANCE ALLOWANCE

You may be able to claim this Allowance at one of 2 rates if you are age 65 or over and you need care and attention from another person. You do not need to show that you are getting the care. People living alone who are struggling to do things because of pain and/or fatigue may qualify.

The Allowance is paid instead of DLA (Care Component) but again is tax free and can be paid on top of any savings or income including Income Support, Pension Credit and Housing Benefit and Council Tax Benefit. It can help you get more of these benefits. It is tax free and you do not have to  have paid any National Insurance Contributions.

CONSTANT ATTENDANCE ALLOWANCE

You should claim this Allowance if you think that your care needs are due to the effects of an industrial illness and you have claimed Industrial Disablement Benefit and been awarded 100% assessment.

It will be paid instead of one of the above allowances in this Section but you should get expert advice because it will depend on the nature of your care needs as to which  allowance will give you the most money.

Benefits to Top up a Low Income

INCOME SUPPORT

You may be able to claim this allowance if your  income is below a certain level. You must work less than 16 hours per week and your partner less than 24 hours per week

You do not have to have paid any National Insurance Contributions. The amount that you will receive will depend on:

• How old you are

·         Whether you have a partner

·         How much savings you have

·         How much income or benefits you or your partner have

Please remember that certain benefits i.e .Disability Living Allowance/Attendance Allowance can give you extra Income Support.

Always get expert help before claiming Carer’s Allowance since this Allowance can give you extra Income Support but can also in certain circumstances reduce it.

You should contact your Jobcentre Plus and ask about Income Support Premiums. If you are very disabled or receiving certain other Benefits you should ask about the following:

• Disability Premium
• Severe Disability Premium
• Enhanced Disability Premium
• Carer’s Premium
• Bereavement Premium

PENSION CREDIT

You may be able to claim this allowance if you, or your partner, are aged 60 or over and your  income is below a certain level. Pension Credit is more generous than Income Support and there is no cut-off at any specified level of savings. If you are aged 65 or over you may also get an extra Savings Credit.

Certain benefits, i.e. Disability Living Allowance/Attendance Allowance can give you extra Pension Credit. There is no age limit to claiming Carer’s Allowance, but remember to get advice on claiming Carer’s Allowance since payment may affect your Pension Credit.

As with Income Support, you should ask the Pensions Service about additional payments if you are disabled, which are:

·         Severe Disability Increase

·         Carer’s Increase

Benefits to Assist with Housing Costs

HOUSING BENEFIT & COUNCIL TAX BENEFIT

You may be able to get help with your rent and council tax if you are on low income. You can still qualify if you are working or retired and have savings of less than £16,000.

You need to be in rented accommodation to get Housing Benefit but you can be in rented accommodation or be an owner occupier to get Council Tax Benefit.

People on Income Support receive full Housing Benefit and Council Tax Benefit unless they have non-dependants living with them. People on the guarantee credit part of Pension Credit receive full Housing Benefit and Council Tax Benefit even if they have over £16,000 in savings.

Terminal Illness

If you are terminally ill the benefit rules are, in  some cases, relaxed. It is recognised that there may not be time to qualify for certain benefits and it can be distressing to make applications under such circumstances.

For Disability Living Allowance and Attendance Allowance you can claim  under “special rules” if you are terminally ill. This means that you do not have to complete all the sections of the form. But you must ask your doctor to complete the form DS1500 which should be  sent to the DLA Unit with the application form. Your application form will be “fast-tracked” if special rules apply. It is acceptable for someone other than the person who is ill to make the application.

If you are already getting Disability Living Allowance  or Attendance Allowance you just write to the DWP for your award to be superseded in order to get a higher rate. Under the special rules there is no qualifying period for Disability Living Allowance  or Attendance Allowance and you automatically qualify for the higher rates. However, if you are claiming DLA it is the care component only that is paid automatically, you have to meet the normal rules to get the mobility component.

For Incapacity Benefit, you will, under the special rules, be exempt from the personal capability assessment and you will be eligible for the long-term rate after 28 weeks rather than 52 weeks.

Making a Will

It is sensible for everyone to make a will, irrespective of their state of health. Settling financial affairs after death can be very difficult for families if a will has not been made.

© David Martin 2004-2010