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Government Benefits

You may be entitled to receive some government benefits following your diagnosis with an asbestos related condition and we will be more than happy to apply for these on your behalf alongside your civil compensation claim.

If you have a successful civil compensation claim, these benefits may be repayable to the compensation recovery unit.

Industrial Injuries Disablement Benefit (IIDB)
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • Your asbestos-related disease causes you injury;
  • You have contracted your disease at work.

 

How much will I receive?

This benefit is paid as a weekly pension and will be paid for the rest of your life.

The amount payable will depend on your level of respiratory disability and this must be at least 14% to receive this benefit. This will be assessed by a medical advisor. 

If you are suffering from mesothelioma, you will automatically be assessed at the highest rate and will receive £182.90 per week (correct as of June 2021).

 

Is this benefit repayable?

If you have a successful civil compensation claim and claim loss of earnings (i.e. you have given up work as a result of your condition), any IIDB payments received until the date of settlement will need to be offset against the loss of earnings claim and repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The IIDB payments should be treated as an interim payment of compensation.

Once this has been repaid, you will continue to receive IIDB payments for the rest of your life.

If you were already retired, any IIDB payments will not need to be repaid as there will be no loss of earnings claim.

If your civil compensation claim is not successful, these benefits will not be repayable.

Lump sum payment under the Pneumoconiosis Etc. (Workers’ Compensation) Act 1979 (PWCA)
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • Your asbestos-related disease causes you injury;
  • You have been awarded IIDB;
  • You have contracted your disease at work;
  • You are a dependant of someone who had an asbestos-condition but has sadly passed away.

You will not be entitled to receive this benefit if:

  • You have commenced court proceedings;
  • The defendant is still an active company.

 

How much will I receive?

This benefit is paid as a one-off lump sum payment.

The amount payable will depend on your level of respiratory disability and your age and will be based on what you have been awarded for IIDB.

 

Is this benefit repayable?

If you have a successful civil compensation claim, this lump sum will always need to be repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The lump sum payment should be treated as an interim payment of compensation.

If your civil compensation claim is not successful, this benefit will not be repayable.

 

2008 Scheme
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • Your asbestos-related disease causes you injury;
  • You did not contract this disease at work, but instead contracted it via a relative, whilst self-employed, via your environment or if you cannot say how you were exposed.

 

How much will I receive?

This benefit is paid as a one-off lump sum payment.

The amount payable will depend on your level of respiratory disability and your age.

 

Is this benefit repayable?

If you have a successful civil compensation claim, this lump sum will always need to be repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The lump sum payment should be treated as an interim payment of compensation.

If your civil compensation claim is not successful, this benefit will not be repayable.

 

Personal Independence Payment (PIP)
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • You have care needs as a result of your condition;
  • You are under the age of 65.

 

How much will I get?

The daily living part of the benefit is paid at two different rates depending on the level of care you need:

  • Lower rate - £60 per week (correct as of June 2021)
  • Higher rate - £89.60 per week (correct as of June 2021)

There is also a mobility component which provide enhanced rates:

  • Lower rate - £23.70 per week (correct as of June 2021)
  • Higher rate - £62.55 per week (correct as of June 2021)

 

Is this benefit repayable?

If you have a successful civil compensation claim and claim for care you have received as a result of your conditions, any Attendance Allowance payments received until the date of settlement will need to be offset against the care claim and repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The PIP payments should be treated as an interim payment of compensation.

Once this has been repaid, you will continue to receive PIP payments. Once you reach age 65, these will become Attendance Allowance payments and will be received for the rest of your life.

If your civil compensation claim is not successful, this benefit will not be repayable.

Attendance Allowance
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • You have care needs as a result of your condition;
  • You are over the age of 65.

 

How much will I get?

The benefit is paid at two different rates depending on the level of care you need:

  • Lower rate - £60 per week (correct as of June 2021)
  • Higher rate - £89.60 per week (correct as of June 2021)

 

Is this benefit repayable?

If you have a successful civil compensation claim and claim for care you have received as a result of your conditions, any Attendance Allowance payments received until the date of settlement will need to be offset against the care claim and repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The Attendance Allowance payments should be treated as an interim payment of compensation.

Once this has been repaid, you will continue to receive Attendance Allowance payments for the rest of your life.

If your civil compensation claim is not successful, this benefit will not be repayable.

Constant Attendance Allowance
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • You have been awarded IIDB;
  • You have care needs as a result of you condition.

 

How much will I get?

 

The benefit is paid at four different rates depending on the level of care you need:

  • Part day rate - £36.60 per week (correct as of June 2021)
  • Full day rate - £73.20 per week (correct as of June 2021)
  • Intermediate rate - £109.80 per week (correct as of June 2021)
  • Exceptional rate - £146.40 per week (correct as of June 2021)

 

Is this benefit repayable?

If you have a successful civil compensation claim and claim for care you have received as a result of your conditions, any Attendance Allowance payments received until the date of settlement will need to be offset against the care claim and repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The Constant Attendance Allowance payments should be treated as an interim payment of compensation.

Once this has been repaid, you will continue to receive Attendance Allowance payments for the rest of your life.

If your civil compensation claim is not successful, this benefit will not be repayable.

Exceptionally Severe Disablement Allowance (ESDA)
 

Am I entitled to receive this benefit?

If you are assessed at one of the top 2 Constant Attendance Allowance rates and you care is likely to be permanent, you will be entitled to receive this benefit.

 

How much will I get?

You will receive an additional £73.20 per week (correct as of June 2021).

 

Is this benefit repayable?

If you have a successful civil compensation claim and claim for care you have received as a result of your conditions, any ESDA payments received until the date of settlement will need to be offset against the care claim and repaid to the Compensation Recovery Unit. This is to prevent someone from recovering compensation twice in respect of the same condition. The ESDA payments should be treated as an interim payment of compensation.

Once this has been repaid, you will continue to receive ESDA payments for the rest of your life.

If your civil compensation claim is not successful, this benefit will not be repayable.

Carer’s Allowance
 

Am I entitled to receive this benefit?

Your loved one will be entitled to this benefit if:

  • They care for you for at least 35 hours per week;
  • You already received Personal Independence Payment/ Attendance Allowance/ Constant Attendance Allowance/ Armed Forced Independence Payment;
  • They receive State Pension of less than £67.60 per week or they earn less than £128 per week.

 

Is this benefit repayable?

As this benefit is received by someone else, this will not be deducted from your civil compensation claim.

Blue disabled parking badge
 

Am I entitled to receive this benefit?

If you are in receipt of Personal Independence Payment or Attendance Allowance, you will qualify for a Blue Badge.

Diffuse Mesothelioma Payment Scheme (DMPS)
 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • You are suffering from mesothelioma;
  • You have contracted your disease at work;
  • You cannot trace the employer that exposed you to asbestos and cannot bring a civil compensation claim.

 

How much will I get?

The payment you will receive will depend on your age at diagnosis. For example, if you are 80 years old you will receive £123,874 (correct as at June 2021).  You can find the tariff here: Payment Tarrif 2015 onwards - TopMark Claims Management (mesoscheme.org.uk). The amounts paid will include a £7,000 contribution to legal fees.

You can also apply under this scheme if you have received any other benefit payments, but these benefit payments will then be deducted from the payment under the DMPS scheme.

You can find out more about the scheme here: Home - TopMark Claims Management (mesoscheme.org.uk)

War Pensions Scheme
 

Those who worked for the armed forces prior to 1987 are unable to pursue a claim against the MOD due to “Crown Immunity”.  Instead, they might be able to receive a benefit under the War Pensions Scheme. There are no time limits for claiming under this scheme.

 

Am I entitled to receive this benefit?

You will be entitled to receive this benefit if:

  • You are no longer serving in the armed forces;
  • You have developed an asbestos-related disease as a result of working in the armed forces
  • You did not contract this disease at work, but instead contracted it via a relative, whilst self-employed, via your environment or if you cannot say how you were exposed.

 

How much will I receive?

You will be entitled to receive a weekly/monthly pension or a lump sum payment if your respiratory disability is more than 20%. The amount you receive will be based on your level of respiratory disability.

If you have been diagnosed with mesothelioma, you will be given the choice whether to receive a traditional weekly/monthly pension or a lump sum payment of £140,000.

 

Key contact

Richard is a Partner and heads a team of solicitors who specialise in asbestos related disease compensation claims.  His team assist those who suffer from mesothelioma, asbestosis, lung cancer and pleural thickening. Richard continues to build strong relationships with hospitals and their nurses, and often is referred work because of this. The team is also a supporter of Mesothelioma UK and has paired up with them to host joint events. In the independent legal directory ‘The Legal 500’, Richard has been named as a next generation lawyer and is described as 'fantastic' and 'excellent at asbestos-related disease work'.

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