IIDB is a government benefit that may be available to you if you have developed an asbestos-related disease as a result of exposure to asbestos dust during the course of your employment. The scheme covers a number of prescribed asbestos-related diseases, including asbestosis, diffuse mesothelioma, asbestos-related lung cancer and diffuse pleural thickening.

To qualify for IIDB, your asbestos exposure must have taken place during the course of your employment or whilst participating in an approved training scheme. Unfortunately, if you were self-employed at the time of your asbestos exposure, you will not be eligible to claim under this scheme.

The amount of IIDB you receive depends on the level of disablement caused by your disease. This is assessed as a percentage based on the extent of your respiratory disability. In most cases, you must be assessed as having at least 14% disablement before IIDB can be awarded.

If you have been diagnosed with mesothelioma, you are automatically assessed as having 100% respiratory disability, so the highest level of benefit is paid. You will not need to undergo a medical assessment, so long as you provide proof of your diagnosis.

You can apply for IIDB by completing the BI100PD claim form, which is available on the GOV.UK website. As part of your application, you will be asked to provide personal details, information about your employment history, and details of the employer or employers responsible for your asbestos exposure. Guidance notes are available to help you complete the form.

It is advisable to seek assistance in completing the forms from your solicitor or local asbestos support group. This is because the application form is a disclosable document if a civil claim is pursued, so it is important that the information included is consistent with your evidence in a civil claim.

If you are already in receipt of means-tested benefits, applying for IIDB or other benefits can impact your existing benefits. Specialist support groups and charity benefits advisers can review your specific circumstances and advise how applying for additional benefits would affect your specific financial circumstances.

You will also need to provide medical evidence in support of your application. This will usually be a letter or report from your GP, hospital consultant or another healthcare professional confirming your diagnosis of an asbestos-related disease. If your application is successful, you can choose to receive your IIDB payments weekly, every four weeks or every thirteen weeks.

Applications are often processed within a matter of weeks, although timescales can vary. It is therefore important to apply for IIDB as soon as possible after you receive your diagnosis, as payments can only be backdated for up to three months before the date of your claim.

If a person with an asbestos-related disease does not apply for IIDB within their lifetime, dependants can apply retrospectively, but the payment is only backdated for three months.

You can apply for IIDB while also pursuing a civil compensation claim against your former employer/s or their insurer/s, as the two claims are entirely separate. However, it is important to be aware that IIDB payments are deducted from the part of your compensation claim that relates to past loss of earnings. Past loss of earnings will generally only form part of a claim if you have been forced to stop working earlier than planned because of your disease. If you were already retired when you were diagnosed, you will be able to keep all of your IIDB payments in addition to any compensation recovered through your civil claim.

If you have been diagnosed with an asbestos-related disease, you may be entitled to a government lump sum payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (PWCA).

You can apply for PWCA within 12 months of being awarded IIDB. In practice, however, the two applications are often submitted together.

If a person with an asbestos-related disease does not apply for PWCA within their lifetime, then a dependant can apply for the lump sum retrospectively, but this must be done within a strict time limit of 12 months from the date of death.

PWCA is paid as a one-off lump sum, and the amount you receive depends on your age at diagnosis and the level of respiratory disability caused by your condition.

You can apply for PWCA while also pursuing a civil compensation claim against your former employer or their insurer. However, if your civil claim is successful, the PWCA payment will be automatically deducted from your compensation award and repaid to the government. This is to avoid double recovery. If your civil claim is unsuccessful, you will be able to keep your PWCA payment.

Many people worry about spending their IIDB or PWCA payments while their civil compensation claim is ongoing, in case they may later have to repay the money to the government. However, it is important to remember that civil compensation awards are typically much higher than the amount paid in government benefits. These benefits are intended to provide financial support immediately or soon after a diagnosis to support immediate needs whilst a civil claim is ongoing. Therefore, you should not be discouraged from using them to help meet any additional expenses or needs arising from your diagnosis.

The DMS is similar to the one-off lump sum payment described above, but it is specifically for individuals who have been exposed to asbestos dust through circumstances other than their work and are therefore not eligible for PWCA. For example, they might have been exposed to asbestos dust from washing a relative’s clothes, through the environment (such as living near to an asbestos factory), or during a period of self-employment. You must claim DMS within 12 months of your diagnosis.

In some cases, you may be diagnosed with diffuse mesothelioma as a result of asbestos exposure at work but be unable to pursue a civil compensation claim. This can happen where your former employer has ceased trading and no employers’ liability insurer covering the period of your asbestos exposure can be traced.

To address these situations, the government introduced the Diffuse Mesothelioma Payment Scheme (DMPS), which is often described as a “fund of last resort”. The scheme provides compensation to people who have developed diffuse mesothelioma as a result of occupational asbestos exposure but are unable to bring a successful civil claim because there is no employer or insurer against whom a claim can be pursued.

To qualify for the scheme, you must have been diagnosed with diffuse mesothelioma caused by asbestos exposure during the course of your employment and be unable to pursue a civil compensation claim for the reasons outlined above.

Compensation under the DMPS is calculated using a payment tariff that is publicly available online. The amount you receive depends on your age at the date of diagnosis, with younger applicants receiving higher awards than older applicants.

DMPS applications are typically assessed within four weeks. If your application is successful, payment is usually made within a further two weeks.

It is important to be aware that any DMPS award will be reduced to reflect certain benefits you have already received as a result of your diffuse mesothelioma, including IIDB and PWCA payments.

It is recommended that you seek legal assistance with your DMPS application from a specialist asbestos solicitor. If a specialist solicitor is instructed, then up to £13,700 can be deducted from the final payment to cover their associated legal fees. Some solicitors will not seek this full amount if their fees for time spent is less than this, and most solicitors limit their fees to this amount even if more time is spent.

Many people assume that compensation is no longer available to them if their former employer has gone out of business or their insurer cannot be traced. However, this is not always the case. Seeking specialist legal advice can help establish whether a claim under the DMPS may be available and ensure that all possible routes to compensation are explored.

In addition to the benefits available specifically for asbestos-related diseases, there are a number of other benefits that may provide valuable financial and practical support.

Living with an asbestos-related disease can have a significant impact on your day-to-day life. Symptoms such as breathlessness and fatigue can affect your mobility, make personal care more difficult and limit your ability to carry out everyday tasks around the home. As a result, you may find yourself relying on support from family members or friends.

If you are under State Pension age, you may be entitled to claim Personal Independence Payment (PIP). PIP is a government benefit designed to help with the additional costs associated with daily living needs and mobility difficulties caused by a long-term health condition, such as an asbestos-related disease.

If you have reached State Pension age, you may be eligible for Attendance Allowance (AA). This benefit is intended for people who need help with personal care as a result of their health condition. AA is paid at two different rates, depending on the level of care and support you require. It is worth noting that if your civil compensation claim is successful, any AA received up to the date of settlement may be automatically deducted from your final compensation award.

If you are claiming IIDB, you require daily care and attention, and you have been assessed to have 100% disablement, then you may also be entitled to claim Constant Attendance Allowance (CAA). Your entitlement to CAA will automatically be considered at the time of your medical examination for IIDB if a 100% assessment of your disability is being considered.

If you are entitled to CAA at the intermediate or exceptional rate, and your need for the attendance is likely to be permanent, then you may also be entitled to an extra allowance called Exceptionally Severe Disablement Allowance (ESDA).

If a family member, friend or other loved one spends at least 35 hours a week caring for you, they may be able to claim Carer’s Allowance, provided they meet the relevant eligibility criteria and receive qualifying benefits required under the scheme.

The Blue Badge Scheme can also be particularly helpful if your asbestos-related condition affects your mobility. A Blue Badge allows eligible people to park closer to their destination, reducing the distance they need to walk and making journeys and appointments more manageable.

If you have been diagnosed with an asbestos-related disease as a result of exposure to asbestos at work, it is worth claiming any government benefits to which you are entitled alongside pursuing a civil compensation claim. Civil compensation claims can go on for months or years, whereas benefits can provide essential financial support much more quickly. Therefore, even if your civil claim is ultimately successful and some benefits have to be repaid, it is worth seeking them to provide some earlier financial support.

Ultimately, if your civil claim is unsuccessful, you will still get to keep the benefits you have claimed. If your civil claim is successful, some of your benefits will automatically be deducted from your compensation, but the reality is that your compensation award will generally be a far larger sum.

We sometimes find that our clients have never applied for benefits before, and sometimes even feel guilty applying for them. It is important to remember that these benefits exist to support people whose lives have been affected by a serious health condition, and they can help to ease the financial burden on an individual or family who are going through an incredibly difficult time.

There is plenty of support available to you when it comes to applying for benefits. The asbestos charity Mesothelioma UK funds a dedicated benefits adviser, who you can call for free and confidential benefits advice.

Regional charities and asbestos support groups have specialist benefits advisers who can tell you what you are entitled to and support you through the application process at no cost to you.

If you have been diagnosed with an asbestos-related disease and would like advice about the available routes to financial compensation, please do not hesitate to contact our specialist respiratory disease team for a free, no-obligation discussion about your circumstances.