DWP Benefits For Asbestos & Mesothelioma
What are DWP benefits?
- If you have been diagnosed with an asbestos related disease, you may be entitled to government funded benefits, more commonly known as “DWP benefits”.
- The intention of DWP benefits is to assist with financial hardship in particular circumstances, including the development of some asbestos related diseases.
- Payments of DWP benefits are usually made weekly or 4 weekly and can help to take away worries about money when illness strikes.
- Some DWP benefits lead to an entitlement to other DWP assistance, so it is important to seek advice to ensure you are not missing out.
- Our Solicitors are experts in knowing what DWP benefits are payable to those who have developed an asbestos related disease – contact us to discuss your personal situation.
What DWP benefits are linked to asbestos related diseases?
The asbestos related DWP benefits for asbestos disease sufferers include:
Unsure about which DWP benefits you are entitled to?
Payment of any asbestos related DWP benefit depends on your individual circumstances. Our Solicitors at Hodge Jones & Allen will ensure you are receiving the correct benefits that you are entitled to for your asbestos related disease.
What DWP benefits can I obtain for my asbestos related condition?
There are a number of potential DWP benefits that asbestos disease sufferers may be entitled to including:
Industrial Injuries Disablement Benefit (IIDB)
If you were exposed to asbestos dust at work and have developed an asbestos related condition which is causing you at least a 14% respiratory disability, you may entitled to IIDB. Mesothelioma caused by exposure to asbestos dust at work is automatically assessed as causing a 100% respiratory disability. For asbestos related pleural thickening, asbestosis and asbestos related lung cancer, your disability percentage will be assessed by a DWP medical expert and as long as your disability is at least 14%, a payment will be made to you. IIDB is a weekly payment and the initial payment can include up to a 3 month backdating payment.
Pneumoconiosis etc. (Workers’ Compensation) Act 1979
This is a one-off lump sum payment available to people (or their dependants) diagnosed with certain asbestos related conditions and it is designed to provide vital financial support after a diagnosis. The criteria for payment includes the exposure to asbestos dust being linked to your employment. Mesothelioma is automatically paid on the basis of a 100% respiratory disability. Other asbestos related conditions will be paid at the same level the IIDB has been assessed at in terms of the respiratory disability being suffered. Age at the date of diagnosis is also taken into account.
The 2008 Diffuse Mesothelioma Scheme
This Scheme provides a lump sum payment to people with mesothelioma who do not qualify for a payment under the 1979 Act Scheme above. This will cover those people who have developed mesothelioma but it is not linked to their employment. This could include secondary exposure to asbestos dust through washing a relative’s asbestos contaminated work clothes or from living near to an asbestos factory. The Scheme only covers mesothelioma and again is based on a 100% respiratory disability, with age at the date of diagnosis being taken into account.
Attendance Allowance
If you are over 65 and have been diagnosed with an asbestos related disease, you may also be entitled to Attendance Allowance. This benefit is intended to help with care needs you have as a result of the asbestos related condition. There are two rates, the higher and lower rate, and which you receive will depend upon how much care you require. Mesothelioma is awarded at the higher level. If you are already in receipt of lower level AA for pre-existing health condition and then are diagnosed with mesothelioma, an upgrade to the higher rate can take place. If you receive AA, this may open up entitlement to other DWP payments including pension credit, housing benefit and cold weather payments.
Constant Attendance Allowance
Constant Attendance Allowance may be available if you receive Industrial Injuries Disablement Benefit and require daily care or supervision due to a disability caused by your asbestos related condition. It cannot be received in addition to Attendance Allowance but can be received as a replacement.
Carer’s Allowance
Carer’s Allowance is available to people who provide regular care for someone with significant care needs. The carer does not need to be related to the person they care for, nor do they need to live with them. However, you must spend at least 35 hours each week providing care and the person you care for must be receiving a qualifying disability benefit.
Employment Support Allowance
As long as you are under State Pension age, this benefit can be paid if you have a disability or health condition that limits your ability to work. ESA is intended to assist with living costs if you are unable to work.
Personal Independence Payment (PIP)
This is a benefit designed to help with the extra costs of living if you have a long-term (at least 12 months) physical or mental health condition that makes everyday activities or mobility difficult. The benefit is made up of two components: the daily living component (for those who need help with everyday tasks) and the mobility component (for those who need support with getting around). You may be entitled to both components. Usually applicants are under State Pension age.
Blue Badge
The Blue Badge scheme is designed to support people with significant mobility difficulties by allowing them to park closer to their destination when using public transport is challenging. If an asbestos related condition has affected your mobility, you may be eligible for a Blue Badge. Applications are made via your local Authority. Having a Blue Badge allows you to use disabled parking bays and, in certain circumstances, park on yellow lines.
Will a successful compensation claim mean I need to pay back DWP benefits received?
Yes, in some circumstances. If you are successful in your compensation claim for your asbestos related condition, the rules state that any DWP payments received for that condition up to the date your compensation claim is settled must be repaid to the DWP – this is standard practice and something we sort out automatically for you as part of our service.
Where appropriate, off-setting will take place against your compensation payment to allow for this repayment to the DWP, to ensure you are not receiving compensation and DWP payments for the same thing. For example, if you are receiving Attendance Allowance for your mesothelioma condition and have received, say, £5,000 at the date your compensation claim is settled, then £5,000 will beoff-set against the compensation payment received for care and assistance. This is because otherwise you would have received two lots of money for the care and assistance: one via the Attendance Allowance and a second via the compensation payment.
Only certain DWP benefits can be off-set against certain parts of a compensation claim. We know exactly what can be off-set and what can’t and we always deal with this for you as part of the claims process.
Once the compensation claim has been settled and any appropriate off-setting has been carried out to the date of settlement of the claim, your benefits payments will continue to be paid to you for as long as you are eligible to receive them and no further off-setting will be required.
Need advice following a diagnosis of an asbestos related disease?
If you or a loved one has been diagnosed with an asbestos related condition, we can offer clear and practical advice tailored to your indidivual situation. This includes guidance on DWP benefits you may be entitled to, as well as the legal compensation options available. In addition, we can connect you with local asbestos support charities for extra assistance, emotional support and resources to help manage your condition.
Our Solicitors are independently recognised by trusted organisations such as the Association of Personal Injury Lawyers (APIL), The Legal 500 and Chambers & Partners as being true experts in pursuing asbestos related compensation claims. In addition, our Trustpilot ranking ensures you know we have a proven track record in this area.
