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

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Presentation on theme: "Patrick Hill Bolton Welfare Rights Service -ooo o0o ooo- North West England Delegate to NAWRA Management Committee."— Presentation transcript:

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

2 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

3 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

4 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)

5 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”

6 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%

7 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

8 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

9 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

10 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

11 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.


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