Patrick HillPatrick Hill

Bolton Welfare Rights Bolton Welfare Rights ServiceService

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North West England North West England Delegate to NAWRA Delegate to NAWRA

Management CommitteeManagement Committee

Industrial Injuries Disablement BenefitIndustrial Injuries Disablement Benefit

Meet the following conditions of entitlement:Meet the following conditions of entitlement:

In employed earners employmentIn employed earners employment Arising out of and in the course of employment on or Arising out of and in the course of employment on or

after 5after 5thth July 1948* July 1948* Loss of faculty and disablement assessed as a Loss of faculty and disablement assessed as a

consequence (%)consequence (%) In the case of disease must be working in prescribed In the case of disease must be working in prescribed

occupation schedule* and;occupation schedule* and; Disease must appear in prescribed diseases schedule* Disease must appear in prescribed diseases schedule*

105 days since the accident or onset of disease before 105 days since the accident or onset of disease before entitlement beginsentitlement begins

*Part 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) *Part 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations n1985 as amendedRegulations n1985 as amended

Where, when & how to claimWhere, when & how to claim

Claim within three months of entitlement Claim within three months of entitlement beginning. No backdating beyond three beginning. No backdating beyond three months if you claim after thismonths if you claim after this

From your local Job Centre Plus office From your local Job Centre Plus office (Barrow in Furness?)(Barrow in Furness?)

Forms: B1100PD for diseases; B1100A Forms: B1100PD for diseases; B1100A for accidentsfor accidents

Tax Free and paid on top of any earnings Tax Free and paid on top of any earnings or any other non means tested benefits or any other non means tested benefits

AssessmentAssessment Usually called to a medical examination to Usually called to a medical examination to

assess level of disablementassess level of disablement Some listed conditions have a prescribed Some listed conditions have a prescribed

degree of disablement % assessments degree of disablement % assessments e.g. Loss of whole little or ring finger is 7%e.g. Loss of whole little or ring finger is 7%

Assessments are appealable and these Assessments are appealable and these are subject to normal procedures and time are subject to normal procedures and time limitations for appeals (Unified appeals but limitations for appeals (Unified appeals but still with same membership and duties as still with same membership and duties as former MATs)former MATs)

Weekly pension income payable for Weekly pension income payable for claims after 1claims after 1stst October 1986 October 1986

Benefit year 2007 to 2008Benefit year 2007 to 2008 Assessment of:Assessment of: less than 14% - no weekly pension income**less than 14% - no weekly pension income** 14% to 19% will be rounded up to 20%; 24% to 29% 14% to 19% will be rounded up to 20%; 24% to 29%

will be rounded up to 30% etc.will be rounded up to 30% etc. 20% £26:34; 30% £39:51; 40% £52:68; 50% 20% £26:34; 30% £39:51; 40% £52:68; 50%

£65:85; 60% £79:02; 70% £92:19; 80% £105:36; £65:85; 60% £79:02; 70% £92:19; 80% £105:36; 90% £118:53 100% £131:7090% £118:53 100% £131:70

** Still worth claiming for possible “aggregation of assessments”** Still worth claiming for possible “aggregation of assessments”

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

October 1986October 1986

Assessment of 1% or more disability for Assessment of 1% or more disability for accident/s or disease/s arising out of or accident/s or disease/s arising out of or reasonably incidental with your employment reasonably incidental with your employment before 1before 1stst October 1990 October 1990

Reduction in earnings power or expectations as Reduction in earnings power or expectations as a consequencea consequence

Although assessment of 1%, maximum REA Although assessment of 1%, maximum REA would equate to 40% payment of weekly would equate to 40% payment of weekly pensionpension

Maximum amount of weekly disablement Maximum amount of weekly disablement pension equivalent of 140%pension equivalent of 140%

Who qualifiesWho qualifiesThe continuous condition:The continuous condition: You must have been incapable of following both You must have been incapable of following both

your regular occupation and any employment of your regular occupation and any employment of equivalent standard which is suitable in [your] equivalent standard which is suitable in [your] case ever since/continuously 90 days after your case ever since/continuously 90 days after your accident happened or your disease beganaccident happened or your disease began

The permanent condition:The permanent condition: It is enough if you are now incapable, and likely It is enough if you are now incapable, and likely

to remain permanently incapable, of following to remain permanently incapable, of following [your] regular occupation and also incapable of [your] regular occupation and also incapable of any employment of an equivalent standard any employment of an equivalent standard

ContributesContributes Your accident/s disease/s must contribute Your accident/s disease/s must contribute

materially to you not being able to follow materially to you not being able to follow your regular occupation or of work of an your regular occupation or of work of an equivalent standard Discuss!!!equivalent standard Discuss!!!

Prospects of advancementProspects of advancement Loss of bonus opportunitiesLoss of bonus opportunities Loss of overtime opportunitiesLoss of overtime opportunities

All to be considered when assessing Amount of REA payable

Multiple injuries – Multiple claimsMultiple injuries – Multiple claims It is possible to claim REA for more than It is possible to claim REA for more than

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

Sports injuries for exampleSports injuries for example

What happens at 60 for women and What happens at 60 for women and 65 for men65 for men

Retirement allowance (RA)Retirement allowance (RA)

Maximum of £13:17 a weekMaximum of £13:17 a week

Minimum of £00:50 a weekMinimum of £00:50 a week

ScaryScary

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