Mesothelioma Claim - Is Compensation paid by the UK Government?

Am I entitled to help from the Government?

There are a number of Government benefits and payments for people diagnosed with mesothelioma or whose family member has died from mesothelioma.

If you make an application for these benefits or payments then it is usually fast tracked which means you will receive a decision and your benefit or payment very quickly.  

We can assist you with applying for these or put you in touch with benefit advisors with experience of working with mesothelioma sufferers.

Most of these benefits are not means tested and so your income and capital are not taken into account.  However these benefits can affect any other means tested benefits you are receiving which is why you need advice before applying.  

Weekly or Monthly Benefits

1. Industrial Injuries Disablement Benefit (IIDB)
   
   You will be entitled to IIDB if you are diagnosed with mesothelioma and were exposed to asbestos dust whilst employed.
   
   If someone has died from mesothelioma then the deceased’s representative can make an application but this has to be done within 12 months of death.   
    
2. Attendance Allowance (AA) or Personal Independence Payment (PIP)
   
   If you need help with personal care and/or mobility then you might be entitled to one of these benefits. AA is paid to people who are over 65 and PIP to those under 65.
    
3. Constant Attendance Allowance (CAA) and Exceptionally Severe Disablement Allowance (ESDA)
   
   If you receive IIDB and need daily care and attention then you might be entitled to CAA and ESDA. There are 4 payment rates for CAA. If you are in either of the top two rates then you may also qualify for ESDA.

One off lump sum payments

1. Pneumoconiosis Etc (Workers Compensation) Act 1979
   
   If you receive IIDB you can apply for a lump sum payment under the 1979 Act. How much you receive will depend on your age when you were diagnosed with mesothelioma.
   
   You can't receive this payment if you have already started a court action or received compensation for mesothelioma from your employer.
   
   You have 12 months from the date you were awarded IIDB to apply but you should apply straightaway.
   
   If someone has died of mesothelioma their dependant can apply for a payment within 12 months of the date of death.
    
2. Diffuse Mesothelioma Payment Scheme 2008
   
   If you weren't exposed to asbestos dust with an employer or you do not know where you were exposed then you will not be eligible for IIDB or the 1979 Act payment but you can apply for a lump sum under the 2008 Scheme.
   
   For example, if you were exposed from washing contaminated clothes, from the environment you lived in or when you were self-employed you can apply for this payment.
   
   How much you receive will depend on your age when you were diagnosed with mesothelioma.
   
   You have 12 months from the date of diagnosis of mesothelioma to apply.
   
   If someone has died of mesothelioma their dependant can apply for a payment within 12 months of the date of death.
    
3. Diffuse Mesothelioma Payment Scheme
   
   If the employer that exposed you to asbestos dust no longer exists and their insurers on cover at the time you were exposed to asbestos dust can't be found then you might be eligible to apply for a payment under this Government scheme.
   
   This mesothelioma scheme is only open to those who were diagnosed with mesothelioma after 25 July 2012 and were exposed to asbestos dust in the UK.
   
   To succeed in your application you have to prove your employment and exposure to asbestos dust with the employer and that the employer broke the law and caused your mesothelioma.
   
   How much you receive will depend on your age when you were diagnosed.
   
   If someone died of mesothelioma before making an application, their dependant can apply for the payment.
   
   The time limit for making any application is 3 years from when the sufferer was diagnosed with mesothelioma.  
   
   The payment from the Government includes a fixed amount of £7,000 to cover your solicitor’s costs in making the application for you.

Armed Forces Exposure  

If you were exposed to asbestos dust in the Armed Forces before May 1987 then you cannot sue the Government for mesothelioma compensation because of the crown immunity rule.

 If you are diagnosed with mesothelioma you might be eligible for one of the following:

1. War Pension Scheme

This is very similar to IIDB. If you were exposed to asbestos dust whilst serving in the Armed Forces you can apply for this pension. The pension is paid weekly and is not means tested.

If someone has died from mesothelioma then their widow/widower may be entitled to a war pension.

2.      War Pension Payment

If you are diagnosed with mesothelioma you have the alternative option of receiving a one-off lump sum payment of £140,000 rather than a weekly war pension.