The State Benefits System

This is a general guide to benefits. It is not a full or authoritative statement of the law. Changes in the law will make this gradually less accurate as time goes by.

If you think you have one of the 4 diseases listed below because your job involved working with asbestos or being exposed to asbestos after 4 July 1948, you can claim Industrial Injuries Disablement Benefit. You do not need to have paid National Insurance contributions.

How much Industrial Injuries Disablement Benefit you get depends on how badly you are disabled. It can be paid after 13 weeks from the first day you were disabled by the disease, whether or not you have been off work. There is no upper age limit and this can be claimed after you have retired.

The diseases:-

• Pneumoconiosis (asbestosis). This is Prescribed Disease D1
• Diffuse mesothelioma. This is Prescribed Disease D3
• Primary carcinoma of the lung where there is accompanying evidence of one or both of the following:
  a. asbestosis This is Prescribed Disease D8
  b. you have had prolonged and heavy exposure to asbestos dust in one of a few specified occupations This is Prescribed Disease D8A
• Diffuse pleural thickening. This is Prescribed Disease D9

If your disease is because of a job that you did before 5 July 1948, you cannot get Industrial Injuries Disablement Benefit. But for the first three diseases listed above you may be able to get an allowance under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme.

If you have an asbestos-related disease as a result of peace or wartime service in HM Forces you should claim a war disablement pension instead of Industrial Injuries Disablement Benefit. Write to:

The Veterans Agency
Norcross
Blackpool
FY5 3WP
Telephone 0800 169 2277

How and when to claim industrial injuries Disablement Benefit

Ask your Jobcentre Plus or social security office for a claim form BI 100PN and a reply envelope. Fill in the form. The staff at the office will help you to do this if you wish, and return it straight away. We can send you a form. We can help you complete the form.

Industrial Injuries Disablement Benefit cannot be backdated more than three months before the date of your claim. It is therefore very important that you fill in all the claim form and return it as soon as possible.

How your claim is decided

Your Job

If you claim for diffuse mesothelioma (D3), you must have been working for an employer in any job involving exposure to asbestos, asbestos dust, or any mixture of asbestos at a level above that commonly found in the environment at large.

If you claim for primary carcinoma of the lung (D8) or diffuse pleural thickening (D9), you must have been working for an employer in any job involving:

Exposure to asbestos in the course of ­

• the manufacture of asbestos textiles or
• spraying asbestos or
• asbestos insulation work or
• applying or removing materials containing asbestos in the course of shipbuilding where all or any of the exposure occurs before 1st January 1975, for a period of, or periods which amount in aggregate to, 5 years or more, or otherwise, for a period of, or periods which amount in aggregate to, 10 years or more.

Emptying sack of insulating material containing asbestos
into dry 40 gallon drum. Crown copyright

Medical examination

As soon as possible after your claim is received, you will be examined by one or possibly two DWP doctors. However, if you have mesothelioma or lung cancer you will not have to see a Medical Services doctor providing your own doctor, consultant or specialist nurse confirms your diagnosis and you will be assessed as 100% disabled.

If you are examined by a DWP doctor, they will give an opinion on whether you have one of the 4 asbestos related diseases, and if so which disease and how disabled you are by the disease.

You can normally only get benefit if you are at least 14% disabled. But if you have pneumoconiosis (asbestosis) (disease D1), you can get benefit if your disablement is assessed at 1% or more.

After the examination your claim will be decided by looking at the doctor’s opinion and any other available evidence. The DWP will tell you the decision on your claim and the amount of any benefit you will get.

If you disagree

Leaflet GL24 - If you think our decision is wrong - explains what to do if you disagree with the DWP decision. You can ask for the decision to be looked at again by the DWP and then by an Appeal Tribunal. You must write to the DWP within one month of the date of the letter telling you the decision. If you have missed this time limit, write anyway and explain your reasons for delay. Get expert advice quickly if you think the decision is wrong.

How you are paid

Industrial Injuries Disablement Benefit can be paid:

• Straight into a bank, building society, GIRO or National Savings Bank account every 4 or 13 weeks, or

If you get Industrial Injuries Disablement Benefit you may also be able to get one of these allowances:

• Constant Attendance Allowance – If you are 95% or more disabled and the effects of your disease mean that you need care and attention for most of the time.
• Exceptionally Severe Disablement Allowance – If you are very severely disabled and you already have one of the two higher rates of Constant Attendance Allowance and you are always likely to need to be looked after.
• Reduced Earnings Allowance - If you have a percentage award for 11DB
  (at whatever rate), you may be able to get Reduced Earnings Allowance if:
  a) You first suffered from the disease before 1 October 1990, and
  b) You cannot go back to your normal job because of the effects of your disease, or
  c) You cannot do another job of the same standard with similar pay.

Make a claim as soon as your earnings reduce. If you delay you could lose money for any period more than three months before the date of your claim. You may not get Reduced Earnings Allowance if you are claiming for a disease added to the scheme on or after 10 October 1994, or for an extension made to a disease on or after 10 October 1994.

Other benefits

If you are under 65 you may be eligible for Disability Living Allowance. If 65 or over you may be entitled to Attendance Allowance. The level of payment depends on how badly you are affected by your condition. If you have mesothelioma or lung cancer you should mark your claim ‘Special rules’. These rules make sure you get your benefit more quickly and easily.

If you get other benefits

You can get your basic Industrial Injuries Disablement Benefit on top of any National Insurance benefits you get such as:

• Incapacity Benefit
• Contribution-based Jobseeker’s Allowance
• Retirement Pension.

• Income Support
• Income-based Jobseeker’s Allowance
• Pension Credit
• Housing Benefit
• Council Tax Benefit

Where to get help and advice

To get more information or other leaflets get in touch with your Jobcentre Plus or social security office. For your nearest social security office, look for Jobcentre Plus or Social Security in the business numbers section of the phone book.

You can get more information from the Department for Work and Pensions website. The address is: www.dwp.gov.uk

A confidential telephone service is available for people with disabilities, their representatives and their carers. Ring the Benefit Enquiry Line (BEL) on 0800 88 22 00.

People with speech or hearing problems using a textphone can dial 0800 24 33 55.

False-colour scanning electron micrograph of fibres of blue asbestos,
or crocidolite. Dr Jeremy Burgess/Science Photo Library

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