CLAIMING BENEFITS

Industrial Injuries Disablement Benefits (‘diseases and deafness’ or ‘accidents’)

Claiming compensation from an employer does not stop you from also claiming benefits.

Please note that you can claim Industrial Injuries Disablement Benefit (diseases and deafness) or Industrial Injuries Disablement Benefit (accidents).

To claim benefit for a work-related disease or disability, your condition must first be confirmed by a medical diagnosis. Your local Industrial Injuries Disablement Benefit Delivery Centre (see www.gov.uk for the full list of centres or download and print out a claim form) will be able to give you a booklet that includes a complete list of the 70+ diseases covered by the benefit. They will also have leaflets and claim forms that cover specific diseases, including occupational deafness, asthma, diseases caused through working in a coalmine and diseases caused through exposure to asbestos, among others.

If you think you have a disease caused by your job or an approved employment training scheme or course, you can claim Industrial Injuries Disablement Benefit straight away. If you qualify for this benefit, it will be paid regardless of whether or not you are still working.

If your claim arises out of an industrial accident, then you should claim when you have been disabled by the accident for two months (you cannot get benefit for the first 15 weeks (90 days, not including Sundays) after your accident and you will not normally be examined until after this time).

You should make your claim on a form that you can get from your local Industrial Injuries Disablement Benefit Delivery Centre. You could, however, ask a solicitor to make a claim on your behalf.

You can also apply for a declaration that you have had an industrial accident, even if you do not want to claim any benefit straight away. It is a good idea to apply for a declaration if you are not disabled immediately after your accident but think you might experience problems in the future as a result.

How is my claim checked?

When it is confirmed that you do have an industrial injury or disease, you will normally be asked to undergo a medical examination. (This will not normally be required for certain diseases where you are  already undergoing medical treatment, e.g., certain lung diseases). This will determine how much you are disabled and how long the disability is likely to last. The extent of your disability is calculated as a percentage up to 100% (for certain lung diseases, payment is made at the 100% rate from the start of the claim).

Are there other benefits?

You may be entitled to other benefits instead of, or in addition to Industrial Injuries Disablement Benefit such as New Style Jobseeker’s Allowance, contribution based Employment and Support Allowance or State Pension.

Industrial Injuries Disablement Benefit is taken into account as income for means-tested benefits such as Income Support, income based Job Seekers Allowance, income related Employment and Support Allowance, Pension Credit, Housing Benefit, Working tax Credit and Universal Credit. It may also affect Council Tax Reduction, but contact your local council for more information.

Other benefits you may be entitled to include:

Constant Attendance Allowance (CAA)

You may claim Constant Attendance Allowance if the industrial accident or disease requires that you have daily care and attention, for instance, if you are bedridden, blind or paralysed and are 100% disabled according to a medical examination.

This allowance does not include costs of housework or help with minor personal matters, such as dressing and undressing, although a person looking after you may qualify for Carer’s Allowance if they help you with these things.

You must prove an expected long term need for attendance and must be claiming either Industrial Injuries Disablement Benefit or a War Disablement Pension.

You will automatically be considered at the time of your medical examination for Industrial Injuries Disablement Benefit if a 100% assessment of your disability is being considered.

Exceptionally Severe Disablement Allowance

If you are assessed as one of the top two rates of CAA and need permanent, constant care and attention then you can claim an additional payment.

Reduced Earnings Allowance

This is paid to those still working but not at their previous job. It is paid to people where their condition or injury was in existence before 1 October 1990.

Employment and Support Allowance (ESA)

You can apply for ‘new style’ Employment and Support Allowance (ESA) if you’re employed, self-employed or unemployed are under State Pension age and you have a disability or health condition that affects how much you can work. Employment and Support Allowance offers personalised support and financial help, so that you can do appropriate work if you are able. It also gives you access to a specially trained personal adviser and a wide range of further services including employment, training and condition management support to help you manage and cope with your illness or disability at work.

Employment and Support Allowance involves a Work Capability Assessment. This assesses what you can do, rather than what you cannot, and identifies the health related support you might need. Most people claiming Employment and Support Allowance will be expected to take steps to prepare for work, including attending work focused interviews with their personal adviser.

Under Employment and Support Allowance, if you have an illness or disability that severely affects your ability to work, you will get increased financial support and will not be expected to prepare for a return to work.

You can volunteer to do so at any point if you want to.

Employment and Support Allowance consists of two phases:

The assessment phase that is paid while you await your Work Capability Assessment (this should be up to 13 weeks but can be longer), then the main phase once you have been placed in either the Work Related Activity Group or the Support Group.

There are two groups within the main phase:

Work Related Activity Group

If you are placed in the Work Related Activity Group, you will be expected to take part in work- focused interviews with your personal adviser. You will get support to help you prepare for suitable work.

In return, you will receive a work-related activity component in addition to your basic rate. If you refuse to go to the work-focused interviews, or to take part fully in the work-focused interviews, it may affect your entitlement to Employment, Incapacity benefit and Support Allowance. 

Support Group

People with more severe illnesses or disabilities who are assessed or treated as having limited capability for work related activity are placed in the support group. You will be paid a support component. This support component is not subject to any conditions and is paid as long as the claimant remains in the support group.

You will also be entitled to the Enhanced Disability Premium (EDP) provided you qualify for ESA (income related). The EDP is automatically included in your amount if you are in the Support Group component of income-related ESA.

Disability Living Allowance (DLA)

You can no longer apply for DLA if you are over the age of 16. PIP is replacing DLA for people aged between 16 and 64. If you are currently claiming DLA and your claim might end you will get a letter telling you all about applying for PIP.

Personal Independent Payment (PIP)

Personal Independent Payment (PIP), which has gradually replaced Disability Living Allowance (DLA) for disabled people between 16 years and under state pension age (DLA will continue for children under 16 years old).

Personal Independent Payment is a non-means tested, tax-free payment that you can spend as you choose.

If you are over state pension age and have care needs you may be able to claim Attendance Allowance.

PIP is designed to help with some of the extra costs caused by long term ill health or disability. What you receive will depend on how your condition affects you. When you make a claim for PIP, you will be assessed so that the Department of Work and Pensions can work out what level of support you should receive. Your award will be assessed on a regular basis.

Pneumoconiosis Etc. (Workers’ Compensation) Act 1979

Jobcentre Plus may pay you a lump sum if you have one of the following diseases:

• Pneumoconiosis
• Byssinosis
• Diffuse mesothelioma
• Bilateral diffuse pleural thickening
• Primary carcinoma of the lung when accompanied by asbestosis or bilateral diffuse pleural thickening 

You can still claim if you are making a compensation claim against an employer provided you have not started court proceedings or received any compensation.

To get a payment you must meet all the following conditions:

• Your dust-related disease must have been caused by your employment
• you’re getting Industrial Injuries Disablement Benefit for one of the listed diseases
• you must claim within 12 months of the decision awarding Industrial Injuries Disablement Benefit
• you can’t or haven’t taken civil action because your former employer has stopped trading
• you haven’t brought a court action or received compensation from an employer in respect of the disease 

You may be able to make a claim if you’re the dependant of someone who suffered from a dust-related disease but who has died. A dependant claim must be made within 12 months of the death of the sufferer.

Diffuse Mesothelioma payment

There are two types of payments that you can claim for. The 2008 Scheme or the DMPS Scheme.

To claim for The 2008 Scheme you must be unable to make a claim under the 1979 Pneumoconiosis Act, have not received payment in respect of the disease from an employer or from a civil claim elsewhere and are not entitled to compensation from a Ministry of Defence scheme, you can claim for a one-off lump sum payment.

The 2008 Scheme covers people whose exposure to asbestos occurred in the United Kingdom and are not entitled to a payment under the 1979 Pneumoconiosis Act for example:

• They came into contact with asbestos from a relative, for example by washing their clothes
• They were exposed to asbestos in the environment, for example, they lived near a factory using asbestos
• Their exposure to asbestos was while self-employed
• Their exposure cannot be specified but occurred in the United Kingdom. You must claim within 12 months of diagnosis.

You must claim within 12 months of diagnosis. You can claim for Diffuse Mesothelioma Payment Scheme (DMPS) even if you have already claimed from the 2008 scheme or under the 1979 Pneumoconiosis Act but the sum will be deducted from the amount you get from the DMPS. You may also be able to claim for the 2008 scheme even if your claim through the DMPS was unsuccessful.

To claim for DMPS all of the following must apply:

• They were diagnosed with diffuse mesothelioma on or after the 25th July 2012
• Their mesothelioma was caused by exposure to asbestos when working in the United Kingdom
• Their employer that exposed them to asbestos has gone out of business and their insurers cannot be traced
• They have not made a claim against their employer or their insurers
• They have not received damages or a payment for mesothelioma and they are not eligible to a specified payment 

You may also be able to claim if you were the dependent of a sufferer who has died.

Claims through the DMPS scheme must be made within 3 years of diagnosis.

Universal Credit

This payment is to help with living costs. You may be able to claim if you are on a low income, out of work or you cannot work.

Universal Credit is replacing other benefits such as Child Tax Credit, Housing Benefit, Income Support, Working Tax Credit. If you are currently receiving any of these benefits the you do not need to do anything unless you have a change in circumstance or the DWP contact you in regards to moving to Universal Credit.