An award of Industrial Injuries Disablement Benefit (IIDB) may lead to entitlement to a payment under the above scheme provided you meet the following criteria:
- your dust-related disease must have been caused by your employment
- you can’t or haven’t taken civil action because your former employer has stopped trading
- you have not brought a court action or received compensation from an employer in respect of the disease
- the work which caused your lung disease was more than 20 years ago
Even if an employer – who exposed you to asbestos and may have made a material contribution to you developing an asbestos related disease – is still trading, you may still qualify for a payment. You should apply and allow the Jobcentre Plus to determine your eligibility.
Seeking legal advice is not the same as bringing a court action. Even if you have a solicitor currently looking at the possibility of you being able to pursue a civil case for compensation you may still qualify for a payment under this scheme.
Applications to this scheme must be made within 12 months of being awarded Industrial Injuries Disablement Benefit (IIDB). Applications made outwith this 12 months time limit will only be considered in exceptional circumstances.
The level of payment under this scheme is determined by your age and the percentage (%) of disablement you received under your award of IIDB. Mesothelioma and lung cancer are paid at the 100% rate.
A payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 may adversely affect any existing entitlement you may already have to other state(government) means-tested benefit such as Universal Credit, Income Support, Pension Credit, Housing Benefit etc. We strongly advise you to contact us before applying
If you’re the dependant (spouse, child, partner or relative) of someone who suffered from an asbestos related disease but who has died, you may be able to make a claim for the compensation outlined above.
A dependants’ claim must be made within 12 months of the death of the sufferer.
Please contact us for further information:
Last updated: February 2020