© Crown copyright 2017 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email:. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at https://www.gov.uk/government/publications/industrial-injuries-disablement-benefits-technical-guidance/industrial-injuries-disablement-benefits-technical-guidance. About this guide This is one of several guides that give detailed information about social security benefits.

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It is intended for professional advisers and members of the public who want to know more about benefits for people who are disabled as a result of injuries or diseases arising from work. 1.1 This guide and the law The guide gives a detailed explanation about benefits for people who are disabled as a result of accidents or diseases arising from work. Neverwinter Nights Keygen Hordes Underdark. It cannot cover every situation or problem, or provide a full interpretation of the rules in all cases. So it must not be treated as a complete and authoritative statement of the law. The basis of the law for these benefits is contained in the Social Security Act 1998, the Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992.

These Acts provide the framework for the detailed rules contained in regulations and orders made by the Secretary of State and approved by Parliament. In the text there are references to the relevant Acts, Regulations or Schedules to allow you to consult the legislation.

These documents are listed in which tells you where you can consult them. Introduction to the Industrial Injuries Scheme The Industrial Injuries Scheme provides non-contributory no-fault benefits for disablement because of an accident at work, or because of one of over 70 prescribed diseases known to be a risk from certain jobs. The scheme also covers people working on approved employment training schemes or courses. (See for a list of the prescribed diseases.) The benefits payable under the scheme are known as Industrial Injuries Scheme Benefits ( IISB). Benefits are paid to employees who were employed earners at the time of the accident or when they contracted a prescribed disease, or to people who were working on an approved employment training scheme or course.

(Legislation (1) - SS C&B Act 1992 sec 2(1)(a)) Accidents or diseases which arise out of self-employment or service in HM forces are not included in the scheme. (Legislation (2) - SS C&B Act 1992 sec 2(1)(b)) (Legislation (3) - SS C&B Act 1992 sec 115) The Home Office has a similar scheme for prisoners.

All Industrial Injuries Disablement Benefits, except Industrial Death Benefit, are tax free. They are payable in addition to other incapacity and disability benefits but taken into account against income-related benefits. The Industrial Injuries Scheme Benefits are: • Industrial Injuries Disablement Benefit • Constant Attendance Allowance • Exceptionally Severe Disablement Allowance • Reduced Earnings Allowance • Retirement Allowance 2.1 If you cannot act for yourself If you wish to claim for any of these benefits but you are unable to act for yourself because of physical or mental incapacity, the Secretary of State can appoint someone to act on your behalf. If this happens, the person appointed is responsible for dealing with all your social security affairs, including claiming and receiving benefits. They are also responsible for notifying any changes of circumstances which may affect your benefit. (Legislation (4) - SS (C&P) Regs 1987 reg 33) If you are able to handle your own affairs but want someone else to collect your benefit for you regularly, you may be able to make arrangements with your bank, building society or the Post Office®. Please ask them to help you with this.

(Legislation (5) - SS (C&P) Regs 1987 reg 20A(4)(b)) 2.2 If someone who was disabled because of an accident at work or a prescribed disease dies If someone who has not claimed Industrial Injuries Disablement Benefit dies, but they would have qualified for this benefit, a claim can be made on their behalf, for example by a widow or surviving civil partner. (Legislation (6) - SS (C&P) Regs 1987 reg 30(5)) If someone who has claimed Industrial Injuries Disablement Benefit dies, any outstanding benefit can be paid to a third party, for example an executor or next of kin. (Legislation (7) - SS (C&P) Regs 1987 reg 30(2)) 3.

Industrial Injuries Disablement Benefit 3.1 Eligibility Industrial Injuries Disablement Benefit is a weekly benefit paid to people who become disabled because of an accident at work or due to certain prescribed diseases caused by their job, or whilst working on an approved employment training scheme or course. See for a list of prescribed diseases. The amount you get depends on how badly you are disabled as a result of the industrial injury or disease.

Employed earner’s employment Only employed earners, or people who can be treated as employed earners, are covered by the Industrial Injuries Scheme, or people who were on an approved employment training scheme or course when the accident or event happened. (Legislation (8) - SS C&B Act 1992 sec 94 –accidents) (Legislation (9) - SS C&B Act 1992 sec 108 –prescribed diseases) An employed earner is a person who is gainfully employed in Great Britain either under a contract of service or is an office holder (for example, a company director). (Legislation (10) - SS C&B Act 1992 sec 2(1)(a)) Some people who are not employed earners are treated as though they were for the purposes of the scheme, for example: • special constables, who are not paid and so cannot be said to be working for reward • agency staff who are self-employed under a contract for services but are still liable to pay Class 1 National Insurance ( NI) contributions in respect of their earnings. Legislation (11) - SS (Employed Earners Employment for Industrial Injuries Purposes) Regs 1975 Sched 1 Part 1 & Sched 3) • people who were on an approved employment training scheme or course when the accident or event happened 3.2 How to claim Industrial Injuries Disablement Benefit You do not need to have paid any NI contributions in order to claim Industrial Injuries Disablement Benefit. If your accident or disease is caused by self-employed work or employment not treated as employed earner’s employment, you are not covered by the scheme.

You cannot get industrial injuries benefits for accidents which occur or diseases contracted while serving in HM forces. You may be able to get compensation through the War Pensions Scheme or Armed Forces Compensation Scheme. (Legislation (12) - SS C&B Act 1992 sec 115(2)) If you are not sure whether you are covered you can contact Barnsley Industrial Injuries Disablement Benefit Centre on 0800 121 8379. The decision maker will give an informal opinion on employed earner’s employment and if it is accepted that the employment is as an employed earner no further question on employment status arises. If it is not accepted that the employment is as an employed earner, any claim to benefit will be disallowed. If you dispute a disallowance, your papers will be sent to the Inland Revenue for a formal decision on employed earner’s employment.

You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. Industrial Injuries Disablement Benefit may also affect how much War Pension you get, if you are entitled to both. Prescribed diseases 5.1 Introduction The law provides for payment of benefits to people who are suffering from certain diseases contracted in the course of certain types of employment or whilst working on an approved employment training scheme or course. These diseases are referred to as prescribed diseases ( PDs) and are listed in Regulations. (Legislation (43) - SS C&B Act 1992 sec 108(1)) (Legislation (44) - SS (II) (PD) Regs 1985 Sched 1) A disease or injury is prescribed when it is a risk arising from a person’s occupation and not a risk common to everybody.

The Industrial Injuries Advisory Council ( IIAC) makes recommendations to the Secretary of State on what diseases the Industrial Injuries Scheme covers. (Legislation (45) - SS C&B Act 1992 sec 108(2)) IIAC will only recommend that a disease be added to the list of diseases covered if it finds that the disease is a risk of nature of the occupation. There is no entitlement to benefit in respect of a disease if it is not listed in the Regulations, or if the person’s job is not listed against the particular disease. But there may be entitlement to benefit under the provisions if a disease has been caused as a result of an accident. If you are told that you are not entitled to benefit for a certain disease, it does not necessarily mean you do not have the disease for which you claimed. What you are being told is that you do not meet the criteria laid down in law for receiving benefit for that disease. For example, a coal miner may be refused benefit for chronic obstructive pulmonary disease- COPD even though he has the disease.

However, unless his actual work history satisfied the occupational criteria set out in regulations, he will not be entitled to benefit. This is especially important for diseases common in the population at large, where some workers would have got the disease whatever job they did. 5.2 Which diseases are prescribed Prescribed diseases are grouped according to their causes. There are four groups of causes, each identified by a letter, and each prescribed disease has a number.

The groups are: • A for a physical cause • B for a biological cause • C for a chemical cause • D for any other cause A full list of the prescribed diseases and types of occupation which are covered by the scheme is set out in. (Legislation (47) - SS(II) (PD) Regs 1985 Sched 1) 5.3 Questions arising on a prescribed diseases claim The primary questions arising on a prescribed disease claim are: • is the disease a prescribed disease? • is the disease prescribed in relation to your occupation and work history - this involves considering whether your employment could have caused the disease, and whether the employment was employed earner’s employment or was whilst on an approved employment training scheme or course? • are you suffering from the disease, or have you suffered from the disease - this is called the diagnosis question? • is the disease due to the nature of your employment or the nature of your approved training scheme or course? • when was the date of onset of the disease? • have you suffered a relevant loss of faculty due to the disease?

5.4 Making a benefit claim for a prescribed disease When to claim You can make a claim at any time on or after the date you think you contracted the prescribed disease. If you have any relevant medical evidence send it with your claim form but do not delay claiming by trying to get a fresh report.

Do not delay claiming. If you do you may lose some benefits. This is because Industrial Injuries Disablement Benefit cannot be paid: • for a period more than 3 months before the date of your claim • if you are already in receipt of Industrial Injuries Disablement Benefit for other accidents or diseases, more than 1 month before the date of claim. (Legislation (51) - SS (C&P) Regs 1987 reg 19(1) & Sched 4) How to claim Obtain a claim form from. They can be contacted on 0800 121 8379. You can also from the Industrial Injuries Disablement Benefit guide. The date of your claim is the date your fully completed claim form is received in an office of the DWP.

It is very important that you fill in all the details on the form carefully and return it to us as soon as possible. There is one claim pack BI100PD for claiming Industrial Injuries Disablement Benefit for all prescribed diseases. How claims are decided When you have completed the claim form, return it to us as soon as possible.

If you have any medical evidence relevant to your claim, you should send it with the claim form. Details of where to send your claim form are in the. You will be sent a written acknowledgement that the claim form has been received. We may have to contact your employer(s)/training scheme provider to confirm: • your periods of employment • that your employment was or on an approved employment training scheme or course • that you worked with any of the listed tools or in conditions which are relevant for your claim If you satisfy the prescription question Your papers will be referred to medical services and you may be asked to attend a medical examination.

(Legislation (52) - SS Act 1998 sec 19(1)) If you are asked to attend a medical examination and you fail to turn up without good cause, your claim will be disallowed. (Legislation (53) - SS Act 1998 sec 19(3)) If you do not satisfy the prescription question Your claim will be disallowed and we will write to tell you this.

Fast track cases Claims for prescribed disease D3 and for all other diseases where the person is terminally ill, are treated as fast track cases. These cases are given priority at all times. Specific criteria Details of the diseases and the qualifying conditions can be found at Appendix 1 About the medical examination Your medical examination will be carried out by one or possibly two experienced medical practitioners. These doctors are specially trained in industrial injuries disablement matters. If you can travel, you will be told when and where to go for the examination.

You will be told what out-of-pocket expenses you can claim. If you are not fit to travel alone, someone can travel with you.

If you are not fit to travel, you can also request an examination at home but you should give full details of why you are unable to attend a Medical Boarding Centre. The medical examination will be held in private but you may be able to take a companion if the doctor allows it. Occasionally you may be asked if an observer can be present. You can give the doctor any evidence which was not included with your claim form, if you think it will help them to give an opinion on your disablement. If you have attended a hospital in connection with the disease you are claiming for, the doctor may seek further information from the hospital.

Hospital case notes may be requested by the doctor to assist in giving an opinion. The doctor could also ask for a report from your GP. The doctor will take a statement from you and send a written report to the decision maker based upon the examination and any other medical evidence. The doctor will advise on: • whether you are suffering from a prescribed disease, and if so • whether you have suffered a loss of faculty from the disease, and if so • the level of your disablement and how long it is expected to last If the doctor has advised that you are suffering from a prescribed disease he will also advise on the date of onset of the disease. The doctor will also provide an explanation for the decision maker as to how they arrived at their opinion.

The doctor will also advise if, in their opinion, the disease is due to the nature of your employed earner’s employment. This is called causation. Special arrangements For some prescribed diseases you will need to have tests before the medical examination. Occupational deafness In claims for occupational deafness, we will arrange for you to have a hearing test to see if you have an average hearing loss of at least 50 decibels in both ears due to damage to the inner ear. In at least one ear this must be due to noise at work. If the doctor advises that you satisfy this test you will then have a medical examination. If not, your claim will be sent back to the decision maker who will consider whether to disallow it.

Chronic obstructive pulmonary disease – COPD (previously known as Chronic bronchitis and emphysema) In claims for chronic obstructive pulmonary disease – COPD, it may be necessary for you to have a breathing test. If the doctor advises that you satisfy this test you will then have a medical examination. If not, your claim will be sent back to the decision maker who will consider whether to disallow it. Pneumoconiosis In claims for pneumoconiosis, we will normally arrange for you to have an X-ray of your chest.

If the X-ray and other evidence shows that you may have the disease you will then have a medical examination. If the X-ray shows no trace of the disease your claim will be sent back to the decision maker who will consider whether to disallow it. What is a loss of faculty?

Loss of physical or mental faculty means some loss of power or function of an organ of the body. Loss of faculty can include disfigurement even when this causes no bodily handicap. Whether a loss of faculty results in disability is decided by comparing your condition as a result of the disease with the condition of a normal healthy person of the same age and sex. (Legislation (58) - Commissioners Decisions R(I)7/67 and R(I)1/81) What is the date of onset? The date of onset of a disease is the date you first suffered a loss of faculty from the disease. The date of onset may be earlier than the date that benefit is actually paid from. This is because the date benefit is paid from is governed by time limits for claiming and other criteria.

(Legislation (59) - SS (II) (PD) Regs 1985 reg 6(2)(b)) Degree of disablement The medical advice or assessment takes account of all disabilities resulting from the disease. Where your disability also results from some other cause which arose before you got the disease, the degree of disablement which would in any event be present due to that other cause is not counted, but the interaction between the two causes is included in the assessment. For example, an assembly worker who had previously fractured her right arm in a road accident is diagnosed as having prescribed disease A4 (cramp of the hand or forearm) in the same arm.

The doctor considers a gross assessment of disablement for upper limb dysfunction and deducts an amount for the disablement that remains due to the earlier accident. If your disablement is 11% or more, and some other condition arises after the accident or disease but is not directly caused by it, any increase in your disablement due to the disease as a result of that other cause is also used to work out your disablement. For example, a man who is diagnosed as having prescribed disease A11 (vibration white finger) has also developed osteoarthritis in one of his fingers at a later date.

The doctor considers an assessment of disablement for upper limb dysfunction and if that assessment is over 11% the doctor adds a further assessment for the extent that the osteoarthritis increases the man’s disability. (Legislation (60) - SS (Gen Ben) Regs 1982 reg 11) Different types of assessment You may be given a ‘final’ assessment of disablement for life if your disability is assessed as permanent and is unlikely to change.

Or where you are likely to make a full recovery the assessment may be final but for a limited period. Or you may be given a provisional assessment for a limited period at the end of which you will be re-examined and your disablement assessed again. (Legislation (61) - SS C&B Act 1992 Sched 6(2)) 5.5 The decision on your claim After the medical examination your claim will be decided by a decision maker.

The decision maker will look at the doctor’s advice and any other available evidence. We will write to tell you the decision on your claim, the amount of any benefit you will get and the period for which you will get benefit. The decision only takes account of your physical or mental condition it is not related to whether or not you are capable of work.

It can be paid whether or not you have returned to work and it does not depend on your earnings. Loss of earnings and other circumstances may, however, mean you can get one or more of the other benefits described later in this guide. If you disagree with the decision See. 5.6 Payment of benefit How much benefit you will get The amount of benefit you get depends on how badly you are disabled by the disease. Industrial Injuries Disablement Benefit cannot be paid for the first 15 weeks (90 days not including Sundays), after the date of onset of the disease. (Legislation (62) - SS C&B Act 1992 sec 103(6)) The exception to this is in claims for occupational deafness, when payment can only be made from the date the claim form is received in an office of the DWP, and in claims for diffuse mesothelioma and asbestos-related lung cancer, when payment can be made from the date you were first disabled by the disease but not for more than 3 months before the date of your claim.

(Legislation (63) - SS (II) (PD) Regs 1985 reg 6(2)(c), SS (II) (PD) Regs 1985 reg 20(4)(a), SS (C&P) Regs 1987 Sched 4) You will not normally get benefit if your disablement is less than 14%. (Legislation (64) - SS C&B Act 1992 sec 103(1), SS C&B Act 1992 sec 103(2)) But you may be able to get benefit if you have had more than 1 accident or disease and the total disablement, when the effects of all the accidents and diseases are added together, is 14% or more. This is known as aggregation. If your disablement is at least 14% your benefit will be paid as a weekly pension. (Legislation (65) - SS C&B Act 1992 sec 103(2), SS (C&P) Regs 1987 reg 22) If your disablement is: • between 14% and 19% you will get a pension at the 20% rate • 20% or over it will be rounded up or down to the nearest 10%. (Legislation (66) - SS C&B Act 1992 sec 103(3), SS (II) (PD) Regs 1985 reg 15) The following table provides a breakdown of the percentage assessment and percentage payable: Percentage assessment Percentage payable 14 – 24% 20% 25 – 34% 30% 35 – 44% 40% 45 – 54% 50% 55 – 64% 60% 65 – 74% 70% 75 – 84% 80% 85 – 94% 90% 95 – 100% 100% The maximum rate payable for Industrial Injuries Disablement Benefit is 100% even if you have several assessments which add up to more than 100%. For current rates see.

5.7 Rules for specific diseases Pneumoconiosis and byssinosis For the respiratory diseases pneumoconiosis, byssinosis you can get benefit if your disablement is assessed as at least 1%. (Legislation (67) - SS (II) (PD) Regs 1985 reg 20A(1)) Diffuse mesothelioma For the respiratory disease diffuse mesothelioma your disablement will be assessed as being 100%. (Legislation (67) - SS (II) (PD) Regs 1985 reg 20A(1)) Asbestos-related lung cancer For this respiratory disease your disablement will be assessed as being 100%. Occupational deafness To get benefit for occupational deafness, your disablement must be assessed as 20% or more.

(Legislation (68) - SS (II) (PD) Regs 1985 reg 29(a)) If the assessment is less than 20% for occupational deafness it cannot be aggregated with any other assessment of disablement. (Legislation (69) - SS (II) (PD) Regs 1985 reg 15(3)) Chronic obstructive pulmonary disease – COPD If you claim for chronic obstructive pulmonary disease – COPD you must not already be getting any benefit which takes full account of this condition. For example, if you have been awarded Industrial Injuries Disablement Benefit for pneumoconiosis and your disablement from pneumoconiosis, or pneumoconiosis with tuberculosis, has been assessed at 50% or more you may have already had your benefit increased to take full account of chronic obstructive pulmonary disease – COPD. If so you will not qualify separately for chronic obstructive pulmonary disease – COPD but if you think your COPD has got worse, you should apply to have your assessment for pneumoconiosis looked at again in case it can be increased. 5.8 How you are paid Our policy is to pay all benefits directly into an account.

This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank or building society. You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night. There are arrangements with banks and building societies so that you can collect cash from some of their accounts at your Post Office® branch. The other advantages of having your money paid into an account are: • you can get your money from many different places • from some accounts you could have regular bills paid - this could save you money but you will need to make sure that there is enough money in your account to pay the bills, if not, you may be charged a fee • using an account may help you save The account can be in: • your name • the name of your partner.

We use partner to mean a person you are married to or a person you live with as if you were married to them, or a civil partner or a person you live with as if you are civil partners • the names of both yourself and your partner • the name of the person acting on your behalf • the names of both yourself and the person acting on your behalf Benefit is paid either every 4 weeks, every 13 weeks or every week. If you have a bank or building society account but you do not wish to use it, for example a joint account, any bank or building society will help you open an account that suits you better. Remember to ask whether their accounts allow you to get your money from the Post Office®, if this is important to you.

Basic bank account If you have had problems opening a current account, or if you are worried about being overdrawn, you could ask any bank or building society about opening a basic bank account. These are sometimes called introductory or starter accounts and are available from all major banks. These accounts offer free banking but overdrafts are not available. You can use these accounts to pay money in, pay bills automatically and get cash out. Many basic bank accounts also allow you to get cash from Post Offices®. If your circumstances change A decision can be looked at again at any time if your condition has changed.

If you feel your condition has got worse and you want us to have another look at the decision, complete and return form BI168, which you can get from Barnsley Industrial Injuries Disablement Benefit Centre. If the condition for which you are getting benefit improves you must tell us straight away. If you are receiving Industrial Injuries Disablement Benefit you must also tell us if you: • marry, remarry, or form a civil partnership and change your name • change your address • leave the country • go into prison If any of these apply, you must tell Barnsley Industrial Injuries Benefit Delivery Centre straight away. You can contact them on 0800 121 8379. (Legislation (70) - SS (C&P) Regs 1987 reg 3) If you leave the country If you leave the country, Industrial Injuries Disablement Benefit is payable while you are away.

For further details please read the paragraphs of this guide. If you intend to be away for more than 3 months, payment of your benefit will be made by the International Pensions Centre ( IPC). You will be asked how you want your payments to be made while you are away.

You can choose between: • Direct Payment to a United Kingdom (UK) bank, building society or Post Office® card account every 4 or 13 weeks • payable orders sent directly to you every 4 or 13 weeks while you are away • Transcontinental Automated Payments ( TAPS), if the country has this arrangement with Jobcentre Plus • payment to a nominee • payment when you return to the UK You must let us know when you return to the UK. If you go to prison If you go into prison, you must let us know the date you were admitted. Payment of Industrial Injuries Disablement Benefit is suspended during any period of imprisonment. When you are released let us know the date.

Arrears of Industrial Injuries Disablement Benefit may be paid for the period of imprisonment subject to a maximum of one year’s benefit. If you die If you die, someone should let us know straight away. You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. Industrial Injuries Disablement Benefit may also affect how much War Pension you get, if you are entitled to both. Constant Attendance Allowance 6.1 Conditions of entitlement Constant Attendance Allowance ( CAA) can be paid if you need constant care and attention as a result of your injury or disease. (Legislation (71) - SS C&B Act 1992 sec 104) You can get CAA if: • you are dependent on attendance for the necessities of life • the attendance is needed as a result of the relevant loss of faculty and attendance will be needed for a prolonged period CAA cannot be paid for help with ordinary housework or for similar domestic purposes, and it is not paid simply for help with dressing and undressing To be entitled to CAA, you have to show that you need daily attendance and are likely to need it for a long time.

Although you must show that you need daily attendance, the attendance need not last throughout the day and you may not actually receive it. Attendance need not be provided on a paid basis and CAA can still be paid when attendance is provided by a relative. Industrial Injuries Disablement Benefit must be the 100% rate payable for you to be considered for CAA. (Legislation (72) - SS C&B Act 1992 sec 104(1)) But you may also receive it if you get Industrial Injuries Disablement Benefit of less than 100% and payments for disablement under the War Pension scheme which bring your total disablement to at least 100% (Legislation (73) - SS (Gen Ben) Regs 1982 reg 20). 6.2 How and when to claim If Industrial Injuries Disablement Benefit is payable at the 100% rate, an opinion will automatically be given for CAA at the time of your medical examination. You only need apply for CAA if you are already receiving Industrial Injuries Disablement Benefit at the 100% rate, did not have any attendance needs at the time of your award, but your condition means that you now need constant attendance.

If you are already in receipt of CAA, but your condition has worsened since the award, you may be entitled to an increase. You should claim on form BI107 which you can get from.

You can contact them on 0800 121 8379. 6.3 How claims are decided Medical services carry out an examination at the same time as giving an opinion on the extent of your disablement for Industrial Injuries Disablement Benefit.

The doctor will complete a report and advise on your need for attendance. They will look at and consider: • the nature and amount of attendance you need • if you are dependent on attendance for the necessities of life • if you need attendance as a result of the relevant loss of faculty The decision maker will consider the doctors report and any other evidence and will decide the rate, amount and period of the award. The award will be renewed if you continue to satisfy the conditions. 6.4 The decision on your claim You will be notified of the decision in writing. It will explain how the decision was arrived at and if there is any entitlement to benefit.

6.5 If you disagree with the decision There is no right of appeal against a decision on CAA. If you disagree with the decision you can ask for it to be reconsidered if you consider you have good reason. (Legislation (75) - SS&CS (D&A) Regs 1999 Sched 2 para 14(a)) See. 6.6 How much benefit you will get How much benefit you get depends on how much looking after you need. For current rates see.

There are 4 rates of CAA based on the amount of attendance you need. These are: • part-time • normal maximum • intermediate • exceptional (Legislation (74) - SS (Gen Ben) Regs 1982 reg 19, SS C&B Act 1992 Sched 4 para 2) 6.7 How you are paid Payment of your CAA will be made with your Industrial Injuries Disablement Benefit direct into an account. 6.8 If your circumstances change If you are getting CAA you must tell us straight away if you are admitted to hospital or similar institution. CAA is payable for the first 4 weeks of free in-patient treatment if: • you are already receiving CAA at the date of admission or • CAA is subsequently granted for a period which includes the date of admission.

(Legislation (76) - SS (Gen Ben) Regs 1982 reg 21(2)) If you are in hospital longer than 4 weeks and payment has stopped, you can receive payment for certain periods when you are allowed to leave hospital. Payment will start again when you are discharged. If you go abroad, CAA can be paid for 6 months from the date you go, or for a longer period as the Secretary of State may allow. (Legislation (77) - SSB (PA) Regs 1975 reg 9(4)) 6.9 Effects of CAA on other benefits If you qualify for CAA, you cannot also get Attendance Allowance ( AA), the care component of Disability Living Allowance ( DLA), or the daily living component of Personal Independence Payment ( PIP) unless it is higher than the CAA. In that case you will get CAA and may get the balance of the other benefit.

Receipt of CAA is not taken into account as income in some other benefits such as: • Incapacity Benefit • Employment and Support Allowance (contribution-based) • Contribution-based Jobseeker’s Allowance • Retirement Pension • Income Support • Employment and Support Allowance (income-related) • Income-based Jobseeker’s Allowance • Pension Credit • Housing Benefit • Working Tax Credit • Child Tax Credit • Universal Credit. You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. While you are getting CAA, the person looking after you may be able to get Carer’s Allowance ( CA) or may have their rights to a state pension protected. Although CA is not income related itself - it is taken into account as income related benefits. So if the person you are caring for is in receipt of income related benefits they should seek advice before claiming CA. Exceptionally Severe Disablement Allowance This is an extra allowance if you are exceptionally severely disabled and already entitled to CAA at the intermediate or exceptional rate, and your need for the attendance is likely to be permanent.

(Legislation (78) - SS C&B Act 1992 sec 105(1)(a)(b), SS (Gen Ben) Regs 1982 reg 43 & 44) You do not have to make a separate claim. Your entitlement will be considered at the same time as your CAA. 7.1 How claims are decided When CAA is granted at the intermediate or exceptional rate, entitlement to Exceptionally Severe Disablement Allowance is automatically considered at the same time. The decision maker looks at the doctor’s advice and decides the period of the award.

Exceptionally Severe Disablement Allowance is usually awarded for the same period as CAA. The allowance may be reconsidered from time to time depending on your circumstances. 7.2 The decision on your claim You will be notified of the decision in writing. It will explain how the decision was arrived at and if there is any entitlement to benefit. 7.3 If you disagree with the decision There is no right of appeal against a decision on Exceptionally Severe Disablement Allowance. If you disagree with the decision you can ask for it to be reconsidered if you think you have good reason.

(Legislation (79) - SS&CS (D&A) Regs 1999 Sched 2 para 14(a)) See. 7.4 How you are paid Payment of your Exceptionally Severe Disablement Allowance will be made with your Industrial Injuries Disablement Benefit and Constant Attendance Allowance direct into an account. 7.5 If your circumstances change If you are absent abroad, Exceptionally Severe Disablement Allowance can be paid for 6 months from the date of absence from the United Kingdom, or for such longer period as the Secretary of State may allow.

(Legislation (80) - SSB (PA) Regs 1975 9(4)) If you are admitted to hospital or a similar institution for medical treatment you can continue to receive Exceptionally Severe Disablement Allowance. You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. Reduced Earnings Allowance 8.1 Conditions of entitlement Reduced Earnings Allowance ( REA) is a separate benefit to Industrial Injuries Disablement Benefit. It can be paid on its own or in addition to Industrial Injuries Disablement Benefit. REA was introduced from 1 October 1986 and replaced Special Hardship Allowance ( SHA). (Legislation (81) - SS C&B Act 1992 Sched 7 para 11(1)) REA can be paid on top of Industrial Injuries Disablement Benefit.

If you do not get Industrial Injuries Disablement Benefit because your disablement is less than 14% you can still get REA as long as your disablement is assessed at 1% or more. You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. Retirement Allowance 9.1 Conditions of entitlement Retirement Allowance ( RA) replaces REA when you reach state pension age if REA is at least £2 a week and you are not in regular employment. (Legislation (90) - SS C&B Act 1992 Sched 7 para 13(1) & (2)) If REA is paid at less than £2 a week and you are not in regular employment when you reach state pension age you will not be entitled to either REA or RA. Regular employment means working under a contract of service for an average of 10 hours a week or more over a period of 5 consecutive weeks or more. (Legislation (91) - SS (II) (Regular Employment) Regs 1990 reg 2) If you are in regular employment when you reach state pension age, you will continue to receive REA for as long as you remain in regular employment. Once you stop regular employment your entitlement to REA will be replaced by entitlement to RA, provided that REA was payable at over £2 a week.

You do not need to claim RA. You will be sent a letter to complete before reaching state pension age. There will be a part of this you have to complete and return before a decision can be made. The letter will ask for details of your employment. 9.2 The decision on your claim You will be notified of the decision in writing. It will explain the decision and if there is any benefit payable.

9.3 If you disagree with the decision See. 9.4 How much benefit you will get RA is paid for life. (Legislation (92) - SS C&B Act 1992 Sched 7 para 13(3)) The weekly rate of RA is whichever of the following is less (1/2 pence or more being rounded up: • 25% of the weekly rate of REA to which you were last entitled • 10% of the 100% Industrial Injuries Disablement Benefit pension rate. (Legislation (93) - SS C&B Act 1992 Sched 7 para 13(4), (6) & (11)) You can only get one award of RA, regardless of how many REA awards were in payment previously. 9.5 How you are paid RA will be paid in the same way as your REA direct into an account. It is paid either every week, every 4 weeks or every 13 weeks.

If you are receiving Industrial Injuries Disablement Benefit your RA will be paid together direct into the same account. 9.6 If your circumstances change If you are imprisoned you cannot get RA. You must tell Barnsley Industrial Injuries Disablement Benefit Centre when you are admitted. When you are released tell Barnsley Industrial Injuries Disablement Benefit Centre straight away so that payment can be considered again.

(Legislation (94) - SS (Gen Ben) Regs 1982 reg 2 & 3) If you are living abroad and have maintained underlying entitlement to REA whilst abroad, even though disqualified from receiving payment, you can be awarded and paid RA once you are over the minimum pension age and cease regular employment. If you are entitled to RA and live, or go to live, in any country you will continue to receive RA for life.

You will have to contact your local authority to confirm if any reduction you or your partner receive in your council tax bill is affected. Unemployability Supplement 10.1 Conditions of entitlement From 6 April 1987, Unemployability Supplement ( UNSUPP) was abolished as an increase of Industrial Injuries Disablement Benefit. People in receipt of Unemployability Supplement on 6 April 1987 were allowed to continue to receive it providing they satisfied the benefit criteria. 10.2 If your circumstances change You must also tell us if you: • marry, remarry or form a civil partnership and change your name • change your address • leave the country • go into prison • go into hospital or similar accommodation If any of these apply, you must tell Barnsley Industrial Injuries Disablement Benefit Centre straight away. They can be contacted on 0800 121 8379.

(Legislation (128) - SS (C&P) Regs 1987 reg 32) If you die, someone should let us know straight away. You must also tell us if you are claiming an increase for a dependant and their circumstances change.

Additional payment for people whose employer has gone out of business 11.1 Pneumoconiosis etc (Workers’ Compensation) Act 1979 This is an additional payment which you can claim. It covers people, or dependants of people, who suffer from certain industrial diseases caused by dust. You can make a claim if you are unable to get damages from your employer who caused or contributed to the disease.

The diseases covered are: • diffuse mesothelioma • pneumoconiosis (including asbestosis, silicosis and kaolinosis) • diffuse pleural thickening • primary carcinoma of the lung if accompanied by asbestosis or diffuse pleural thickening • byssinosis 11.2 How to claim If you are suffering from one of the above diseases and you think you may be entitled to a payment, contact the Pneumoconiosis etc (Worker’s Compensation) Act 1979 Section as soon as possible. Do not wait for the outcome of your claim under the Industrial Injuries scheme before you make a claim for this additional payment. 11.3 The 2008 Diffuse Mesothelioma Scheme This is a scheme for people suffering from the asbestos-related disease, diffuse mesothelioma.

11.4 Eligibility You can claim a one-off lump sum payment if you: • are unable to claim under the 1979 Pneumoconiosis Act • have not received a payment in respect of the disease from an employer, a civil claim or elsewhere and • are not entitled to compensation from a Ministry of Defence scheme The scheme covers people whose exposure to asbestos occurred in the United Kingdom and was not as a result of their work as an employee. For example: • you came into contact with asbestos from a relative, eg by washing their clothes • you were exposed to asbestos in the environment, eg you lived near a factory using asbestos • your exposure to asbestos was while you were self-employed 11.5 How to claim You should make a claim as soon as possible. Claims must be received within 12 months of your date of diagnosis. You should submit medical evidence with your claim showing that you are suffering from diffuse mesothelioma caused by exposure to asbestos. Your lung cancer nurse may be able to supply this.

No further medical examination will be offered. If the sufferer has died, their dependants may be able to claim. The claim form must be received within 12 months of the date of death. 11.6 Further Information For further information or to request a claim form, PWC1, phone or write to the Barrow Industrial Injuries Benefit Centre. PWC Team Barrow Benefit Centre Post Handling Site B Wolverhampton WV99 1RX Telephone: 0800 279 2322 12. Simplification changes under the Welfare Reform Act 2012 From 5 December 2012, the following changes were made to the Industrial Injuries Scheme to make it easier for people to understand and for the Department to administer the benefits.

12.1 The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme, and the Workmen’s Compensation (Supplementation) Scheme These 2 old schemes that dealt with industrial accidents or disease exposures before 1948 were abolished on 5 December 2012. Those customers in receipt of payments were transferred to the main Industrial Injuries Scheme and received benefits at the corresponding rates of Industrial Injuries Disablement Benefit.

12.2 Death Benefit If you were supported by someone formerly entitled under the PB&MD scheme, and who has since died from one of the diseases listed under the PB&MD scheme, you may get a payment of up to £300. (Legislation (125) - PB&MDB Scheme 1983 Article 9) For a claim form write to or phone the PWC team at Barrow Industrial Injuries Disablement Benefit Centre.

PWC Team Barrow Benefit Centre Post Handling Site B Wolverhampton WV99 1RX Telephone: 0800 279 2322 Send your completed claim form to this address also. You should normally claim within 3 months of the death. 12.3 The under 18 rates of Industrial Injuries Disablement Benefit On 5 December 2012, the lower rate of Industrial Injuries Disablement Benefit paid to people under the age of 18 was abolished. Everyone with the same level of disability will receive the same rate of benefit.

12.4 Industrial Accident declarations From 5 December 2012, it will not be possible to request a declaration that an industrial accident occurred without a claim for Industrial Injuries Disablement Benefit being made. 12.5 Industrial Death Benefit Industrial Death Benefit was abolished in 1988 for any deaths occurring after 1988. From 5 December 2012, it will not be possible for a new claim to be made for a death before 1988. No claims had been made for many years and any widows or widowers still getting payments will continue to receive them. 12.6 If your circumstances change Industrial Death Benefit for a widow is usually a pension payable for life following the deceased’s death.

It is not payable: • if you remarry or form a civil partnership (Legislation (104) - SS C&B Act 1992 Sched 7 para 15(2)) • for any period when you and a man you are not married to are living together as husband and wife (Legislation (105) - SS C&B Act 1992 Sched 7 para 15(3)) • if you are in prison (Legislation (106) - SS C&B Act 1992 sec 113(1)) If any of the above apply you must tell the Industrial Death Benefit section at Barrow Industrial Injuries Disablement Benefit Centre straight away. 12.7 If you die If you die, someone should let us know straight away. Further information 13.1 Rates of benefits Rates of benefits are published each year in the Social Security Benefits Uprating Order, which is debated by Parliament, usually towards the end of the year. Benefits are usually uprated from April, at the beginning of the financial year. For current rates see. 13.2 Social security leaflets You can get copies of the leaflets from: • Jobcentre Plus for Jobcentre Plus leaflets and most others • Post offices or Jobcentre Plus offices for the main leaflets • your local council for leaflets on Housing Benefit and Council Tax Benefit 13.3 The Acts, Regulations and the ‘Blue Volumes’ The Acts and Regulations which set down the rules explained in this guide are included in a series of loose-leaf books, The (also known as the Blue Volumes) which are published by the Stationery Office.

The relevant Acts and Regulations are indexed and kept up to date by regular supplements. You can consult a copy at your Jobcentre Plus office, and many libraries also have a copy. Copies can also be bought from the Stationery Office. This technical guide is only a guide to Industrial Injuries Benefits.

It has no status in law, but it refers you to the Acts and Regulations which cover particular rules. The Regulations may be changed or added to from time to time by Amendment Regulations. Also, each year a set of Uprating Regulations is published changing the benefit rates.

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