Government Financial Help for an Asbestos Disease

Deborah Krelle
Author:
Deborah Krelle
Partner, Head of Industrial Disease
Date:
21/01/2021

If you’ve been diagnosed with an asbestos illness such as mesothelioma, we can help you claim for state benefits, such as Industrial Injuries Disablement Benefit (IIDB). We can also get you compensation payments from HM Government to help you have a better quality of life.

Our specialist Personal Injury Solicitors have helped hundreds of people claim state benefits and compensation so they can get immediate and often much-needed financial support.

Every day, we see the different ways in which asbestos diseases affect patients and their families, so we’re determined to help you access the support that’s available to ease these pressures.

If you have any questions about making an Asbestos Claim and applying for state benefits, get in touch with our Personal Injury Solicitors. We offer a free claims assessment and will be happy to help you. Ask us if we can handle your claim on a No Win, No Fee basis.

Call us on 08002605010 or request a callback and we will help you.

About the Industrial Injuries Disablement Benefit

This tax-free benefit pays up to £182 a week depending on how serious the injury is, and is for people who were employed and exposed to asbestos at work. Your income and savings are not taken into account and it can be backdated for up to 13 weeks.

If we take on your asbestos claim, we can help you make a claim for Industrial Injuries Disablement Benefit (IIDB). A claim from a dependant can also be made within 12 months after the person suffering has died and can be backdated for up to 13 weeks.

Compensation Payments

You may also be entitled to a lump sum payment, which again does not take into account your savings or level of income.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

If you’re awarded IIDB, you may also be entitled to compensation under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979, even if the employer is no longer trading.

You may be eligible if:

  • You haven’t settled an asbestos claim
  • You were exposed to asbestos dust while working in the UK
  • The employer is no longer in existence or the asbestos exposure happened more than 20 years ago

2008 Diffuse Mesothelioma Scheme

The 2008 Diffuse Mesothelioma Scheme can provide compensation for those who are not entitled to a payment under the 1979 Act and were exposed to asbestos in the UK.

You may have been exposed:

  • Through a relative or family member (perhaps through washing their clothes)
  • While being self-employed
  • While living near to somewhere where asbestos was being used

You could also be eligible even if you don’t know where you were exposed. For these compensation schemes, a claim has to be made within a year of receiving IIDB or from the date of diagnosis.

The amount paid under both schemes relates to your age when you’re diagnosed and ranges from £14,000 - £93,000. For the current rates, see gov.uk website Diffuse Mesothelioma Payments.

A reduced amount can also be paid to a dependant who claims within a year after the person you were dependant on died - these amounts can be found on Gov.uk.

Diffuse Mesothelioma Payment Scheme

The Diffuse Mesothelioma Payment Scheme (DMPS) provides compensation if you can’t successfully claim against an employer who exposed you to asbestos, for example, if an employer or their insurer can’t be traced. You can still make a DMPS claim even if a compensation payment has been made under the 1979 Act or 2008 Scheme.

You must:

  • Have been diagnosed with mesothelioma on or after July 25th 2012
  • Make the claim within three years of your diagnosis
  • Have been exposed to asbestos in the UK

A scheme payment can also be made to dependants of a person who has died from mesothelioma as long as the claim is made within three years of the person being diagnosed.

The amount that the scheme will award ranges from £87,000 up to £271,000. The current tariff payments can be found here.

Armed Forces Compensation Scheme

The Armed Forces Compensation Scheme (AFCS) is a compensation scheme for injury, illness or death caused as a result of working for HM Armed Forces, and we can help you apply for this. 

You must be a current or former member of the Armed Forces and apply within seven years of being diagnosed with an asbestos related illness. The amount you receive will depend on how severe your illness is, with a mesothelioma payment currently being around £140,000.

Attendance Allowance

The Attendance Allowance (AA) helps those who are over state pension age and have care needs because of their illness. There isn’t a mobility element to this benefit and it doesn’t matter if you’re working or not. It also doesn’t take into account your income or level of savings.  

AA is a tax-free benefit with two rates; a Lower Rate and a Higher Rate. Your Industrial Disease Solicitor can often help you fast-track a claim to get the Higher Rate payment of £89.15 per week.

If you receive IIDB, your Solicitor can also help you make a claim for Constant Attendance Allowance.

Your Solicitor can also check if you’re eligible for pension credit and see if you can get a reduction in your Council Tax and Rent.

Personal Independence Payment

Personal Independence Payment (PIP) replaced Disability Living Allowance (DLA) and can help anyone under state pension age with care and mobility needs due to their illness. It doesn’t matter if you’re working or not and isn’t based on your income or level of savings.

PIP is tax-free and has two components - Daily Living and Mobility. There are two rates of payment for each component, Standard and Enhanced. The current rates are on Gov.uk.

Your Solicitor can often help you fast-track your claim to get the Enhanced Rate of the Daily Living and Mobility components of PIP, which is currently £151.40 a week. They can also check if you’re eligible for a Council Tax and Rent reduction, and if you can protect your income as you can’t work because of your illness.  

Your Solicitor can also give you advice and assistance on the Motability Scheme to help with your transportation needs, such as a car or wheelchair.

I’m a Carer - Can I Get Government Support?

You can get Carer’s Allowance if you are:

  • Aged over 16
  • Not in full-time education
  • Providing substantive care to someone for at least 35 hours a week
  • Receiving less than £128 a week in earnings

The person you look after must also be receiving either AA or the Daily Living element of PIP.

Carer’s Allowance is currently paid at £67.25 a week and is taxable income. We know how difficult caring for someone you love can be. So even if you aren’t eligible for Carer’s Allowance, we can help support you and your family within your role as carers.

Can I Get a Blue Badge for Parking?

We can help you apply for a Blue Badge after you’ve been diagnosed with an asbestos related illness, so you have more options over where you can park your car.

It can be used by you and also by someone who is out supporting you, and you may be exempt from paying Vehicle Tax if you have a Blue Badge. It costs £10 in England and is free in Wales.

For free legal advice call our Industrial Disease Solicitors

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