If you develop an asbestos related disease through exposure to asbestos at work you may be entitled to claim a range of state benefits.
The main benefit you could claim is Industrial Injuries Disablement Benefit (IIDB). How much benefit you receive depends on your particular circumstances. You are assessed for the level of disability by a medical assessor and the rates of IIDB range from £36.58 weekly for 20% disability up to £182.90 weekly for 100% disability. If your condition doesn’t improve then IIDB is awarded for life.
Other benefits
If you are awarded IIDB you can also claim for Constant Attendance Allowance (CAA) if you need daily care and attention because of your industrial disease. There are four weekly rates of CAA ranging from £36.60 to £146.40 depending on the extent of your disability. Your carer could also get carer’s allowance if you have substantial care needs.
Exceptionally severe disablement allowance (ESDA)
If you get the highest or second highest rate of CAA you may also qualify for ESDA. If you are getting one of the top two rates of CAA you can get a further weekly sum of £73.20 if you need permanent constant care and attention.
Reduced earnings allowance (REA)
If you:-
- Can’t do your usual job or work because of industrial disease; and
- You have an industrial disease which began before 1st October 1990, you may be eligible for REA. You can receive up to £73.16 weekly for REA.
Pneumoconiosis etc. (Workers Compensation) Act 1979 (PWCA)
If you have any of the following asbestos related diseases:-
- Diffuse mesothelioma;
- Bilateral diffuse pleural thickening (BDPT); or
- Primary cancer of the lung and accompanied by asbestosis or BDPT.
You must meet the following conditions:-
- Your asbestos related disease has been caused by your employment;
- You are in receipt of IIDB;
- You must claim within 12 months of the decision awarding you IIDB;
- Either you can’t or you haven’t yet taken civil action against your former employer because they have stopped trading; or
- You haven’t brought a court action against, or received compensation, from your employer for the disease.
- If you subsequently receive compensation through a civil claim against your employer, you may have to pay back the one-off payment set out below.
You receive a one-off payment. How much depends on your age at diagnosis, the level of disability and the type of disease. Space doesn’t permit detailing the whole range of payments for all ages and levels of disability etc. But, by way of example, a 60 years old claimant with diffuse mesothelioma would receive £44,092.
If someone who would have qualified for a payment dies before an award is made, their relatives can still apply. They must apply within a year of death.
Diffuse Mesothelioma Payment (DMP)
You may still be able to get a payment for an asbestos related disease even if you are not eligible for compensation under the PWCA. You can claim:
- If you came into contact with asbestos while you were self-employed; or
- You came into contact with asbestos through being a family member for example by washing their clothes.
Broadly speaking the same conditions that apply to payments under the PWCA apply to payments made under either the 2008 or 2012 Diffuse Mesothelioma Payment Schemes.
Can you claim IIDB while receiving other benefits?
Yes. If you are receiving:-
- State pension;
- Incapacity benefit;
- Contribution based Jobseekers Allowance;
- Contribution based Employment and Support Allowance; IIDB doesn’t affect the amount of these benefits
If you are receiving any of the following benefits, while you are still eligible for these, IIDB may affect what you receive for these other benefits: -
- Income support;
- Income based JSA;
- Income related ESA;
- Pension credit;
- Housing benefit;
- Working tax credit;
- Universal credit;
- Also any Council Tax reduction
If you believe you have developed an asbestos related disease through exposure to asbestos at work, please contact us to discuss the matter on 0800 808 5176 or complete our online enquiry form and a member of our team will get back to you right away.
