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It is possible to claim Industrial Injuries Disablement Benefit if you have become disabled as a result of an accident at work or as a result of an industrial disease. This benefit is payable even if you continue or return to work. The rate of benefit payable depends on the level of your disability.

 

Who is entitled?
A person who has become disabled as a result of an accident which occurred, or a prescribed industrial disease which was contracted, while working in employed earners employment after 4 July 1948.

Self employed people are not covered under this scheme.

After 15 weeks from the date of the accident, or onset of disease, the person claiming must be suffering from a disability normally at 14% or more. However certain Prescribed Diseases may attract payment even if they are assessed at less than 14%. Occupational Deafness cases are paid at 20% or more.

Industrial Injuries Disablement Benefit is taken fully into account for:

• Income Support; or
• Jobseeker's Allowance (Income based); or
• Working Tax Credit
• and may also affect a war pension.

It does not affect a customer's entitlement to any other social security benefits, although it is taken into account for Income Based benefits.

Reporting an accident
A person who has had an accident at work should apply, as soon as possible, on form BI95 to have it declared as an industrial accident.

How to claim
A person wishing to claim should complete the relevant BI100 series form:

•  immediately if they have contracted an industrial disease; or
•  after an accident if they are still disabled.

The claim form should be sent to Industrial Injuries Branch as soon as possible after the accident or the date the disease started.

How is it paid?
Industrial Injuries Disablement Benefit is payable every week, every 4 weeks or every 13 weeks by payment direct into an account

How long can it be paid for?
Industrial Injuries Disablement Benefit is not payable until the 91st day (i.e. 15 weeks excluding Sundays) following the date of the accident or the onset of the prescribed disease.

Disablement will be assessed and an award made on either a final or provisional basis.

If a provisional award is made, the customer will be called for reassessment of disablement before the end of the period.

A person can apply for a review of an assessment at any time following an award.

How much can be paid?
The amount of Industrial Injuries Disablement Benefit payable depends on the extent of disablement arising from the industrial accident or prescribed disease. For example:

• total loss of sight, hearing or loss of both hands normally counts as 100% disablement and the maximum amount of benefit would be payable;
• loss of an index finger or big toe normally counts as 14% disablement.

Disablement is assessed by a Decision Maker following a report by a Medical Advisor. To qualify for Industrial Injuries Disablement Benefit disablement must be assessed at 14% or more. Disablement between 1% and 13% is not compensated for except for pneumoconiosis, byssinosis or mesothelioma where it must be at least 1%.

For occupational deafness disablement must be assessed at 20% or more.

In certain circumstances assessments of less than 14%, in respect of more than one industrial accident or prescribed disease which cover the same period, can be added together to reach the 14% threshold.

An assessment between 14% and 24% qualifies the customer for a weekly pension at the 20% rate.

Disablement Pension is paid at percentage rates between 20% and 100%, rounded up or down to the nearest 10%.

Persons under the age of 18 with no dependants receive Disablement Pension at a reduced rate. Other allowances could also be payable:

• Constant Attendance Allowance;
• Exceptionally Severe Disablement Allowance;
• Reduced Earnings Allowance;(if accident occured before 01/10/1990)
• Retirement Allowance (over 60/65 years of age).

Customers who receive Industrial Injuries Disablement Benefit for certain respiratory diseases may be able to obtain benefit from the Department for Employment and Learning under the Pneumoconiosis Etc. (Workers Compensation) Act 1979.

Details and a contact address are given in leaflet SD7.

 

Rates of Industrial Injuries Disablement Benefit
(Effective from 9 April 2003)

 

Pensions for pneumoconiosis, byssinosis and mesothelioma assessment:

 

Industrial Death Benefit
This may be paid to the wife or husband of someone who died before 11 April 1988 due to an industrial accident or an industrial disease. If you think you may qualify, ask your Jobcentre Plus office or social security office for details.

The benefit is paid at 2 main rates, £77.45 (higher rate) and £23.24 (lower rate). These rates reduce to £15.10 after 6 weeks in hospital.

 

Constant Attendance Allowance

 

Unemployability Supplement

 

Reduced Earnings Allowance

 

Retirement Allowance

 

For further information including how to claim, visit the DSS website by clicking on Job Centre Plus