Patrick Hill Bolton Welfare Rights Service -ooo o0o ooo- North West England Delegate to NAWRA Management Committee.

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Presentation transcript:

Patrick Hill Bolton Welfare Rights Service -ooo o0o ooo- North West England Delegate to NAWRA Management Committee

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 5 th 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

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

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)

Weekly pension income payable for claims after 1 st 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% £26:34; 30% £39:51; 40% £52:68; 50% £65:85; 60% £79:02; 70% £92:19; 80% £105:36; 90% £118:53 100% £131:70  ** Still worth claiming for possible “aggregation of assessments”

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 1 st 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%

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

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

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

What happens at 60 for women and 65 for men  Retirement allowance (RA)  Maximum of £13:17 a week  Minimum of £00:50 a week

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.