Patrick Hill

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Patrick Hill

• Bolton Welfare Rights Service
• -oooo0oooo-
• North West England Delegate to NAWRA Management
  Committee

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Industrial Injuries Disablement Benefit

• Meet the following conditions of entitlement
• In employed earners employment
• Arising out of and in the course of employment on
  or after 5th July 1948
• Loss of faculty and disablement assessed as a
  consequence ()
• In the case of disease must be working in
  prescribed occupation schedule and
• Disease must appear in prescribed diseases
  schedule 105 days since the accident or onset of
  disease before entitlement begins
• Part 1 to the Social Security (Industrial
  Injuries) (Prescribed Diseases) Regulations n1985
  as amended

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Where, when how to claim

• Claim within three months of entitlement
  beginning. No backdating beyond three months if
  you claim after this
• From your local Job Centre Plus office (Barrow in
  Furness?)
• Forms B1100PD for diseases B1100A for
  accidents
• Tax Free and paid on top of any earnings or any
  other non means tested benefits

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Assessment

• Usually called to a medical examination to assess
  level of disablement
• Some listed conditions have a prescribed degree
  of disablement assessments e.g. Loss of whole
  little or ring finger is 7
• Assessments are appealable and these are subject
  to normal procedures and time limitations for
  appeals (Unified appeals but still with same
  membership and duties as former MATs)

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Weekly pension income payable for claims after
1st October 1986

• Benefit year 2007 to 2008
• Assessment of
• less than 14 - no weekly pension income
• 14 to 19 will be rounded up to 20 24 to 29
  will be rounded up to 30 etc.
• 20 2634 30 3951 40 5268 50 6585
  60 7902 70 9219 80 10536 90 11853
  100 13170
• Still worth claiming for possible aggregation
  of assessments

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Reduced Earnings Allowance (REA) formerly Special
Hardship Allowance before1st October 1986

• Assessment of 1 or more disability for
  accident/s or disease/s arising out of or
  reasonably incidental with your employment before
  1st October 1990
• Reduction in earnings power or expectations as a
  consequence
• Although assessment of 1, maximum REA would
  equate to 40 payment of weekly pension
• Maximum amount of weekly disablement pension
  equivalent of 140

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Who qualifies

• The continuous condition
• You must have been incapable of following both
  your regular occupation and any employment of
  equivalent standard which is suitable in your
  case ever since/continuously 90 days after your
  accident happened or your disease began
• The permanent condition
• It is enough if you are now incapable, and likely
  to remain permanently incapable, of following
  your regular occupation and also incapable of
  any employment of an equivalent standard

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Contributes

• Your accident/s disease/s must contribute
  materially to you not being able to follow your
  regular occupation or of work of an equivalent
  standard Discuss!!!
• Prospects of advancement
• Loss of bonus opportunities
• Loss of overtime opportunities

All to be considered when assessing Amount of REA
payable
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Multiple injuries Multiple claims

• It is possible to claim REA for more than one
  accident. Should it be that a claimant suffers
  two or more reductions in earnings capacity and
  has at least 1 assessment for each one, then REA
  will be payable for each reduction. Remember
  that Maximum REA is equivalent to 40 pension and
  the maximum is 140. Therefore, no more than
  three and a half maximum amounts can be payable
  no matter if more than three and a half are
  possible.
• Sports injuries for example

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What happens at 60 for women and 65 for men

• Retirement allowance (RA)
• Maximum of 1317 a week
• Minimum of 0050 a week

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Scary

• Quite unbelievably, should Reduced Earnings
  Allowance stop for any reason, even for one day,
  it is lost and cannot be re-claimed or
  reinstated.