GOVERNMENT LUMP SUM PAYMENTS FOR MESOTHELIOMA

All victims of mesothelioma are entitled to a prompt lump sum payment from the Department for Work and Pensions (DWP) provided they have not already received compensation in a civil claim.  The DWP pays these lump sums to sufferers under two schemes:

  • The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (the 1979 Act)
  • The 2008 Diffuse Mesothelioma Scheme (the 2008 Scheme)

For any mesothelioma diagnosed on or after 1 April 2010, payments under both schemes will be the same.  This is because payments under the 2008 Scheme have been increased up to the levels under the 1979 Act.  Since payments under the 2008 scheme are unconditional, it is the better scheme for mesothelioma sufferers and their families to use.

2008 Diffuse Mesothelioma Scheme

This scheme is designed to provide prompt payment of a lump sum to all sufferers from diffuse mesothelioma, provided compensation has not been received in a civil claim.  Its wide scope contrasts with that of the 1979 Act under which only victims exposed to asbestos as an employee are eligible for a payment, and, even then, only if certain conditions are fulfilled.

Qualifying Criteria

The qualifying criteria for the 2008 Diffuse mesothelioma Scheme are:

  • There must be evidence to show that the victim suffers from diffuse mesothelioma
  • The mesothelioma sufferer must have been exposed to asbestos in the UK
  • The claim must have been made within one year of diagnosis or, in the case of a claim being made by a dependant, within one year of the date of death.

Application after death

Partners and dependants can make the claim.  The payments awarded are lower if an application is made after death.  Therefore it is usually advisable to apply whilst the sufferer is alive because, even if the DWP only processes the application after death, payment is made at the higher “living basis” rate.

How to apply

The application form is the “Mesothelioma and other lung diseases” form PWC1.  It is necessary to complete parts 1, 4, 6, 7 and 8 and, in a fatal case, parts 2 and/or 3 as well.

Claimants must provide evidence of diffuse mesothelioma.  Normally a letter from a doctor or cancer nurse is appropriate.  Copies of hospital letters, X-ray or scan reports, or biopsy results may also suffice.  In a fatal case, the post mortem report or an interim or final death certificate is suitable.

Once the form has been completed, it should be sent with the above medical evidence to:

PWC Team

Jobcentre Plus

Barrow IIDB Centre

Pittman Way

Preston, PR11 2AB

Freephone: 0800 279 2322

Consequences:

  • If later a civil claim for compensation is successful, there is no direct repayment of the lump sum to the DWP.  Instead the defendant will deduct the sum received from the settlement before it is paid.
  • Those receiving means tested benefits before applying should seek advice on the circumstances in which an award might lead their widow or them to lose such benefits.

“Fast tracking” of applications:

The DWP aims to deal with applications in mesothelioma cases promptly.  Payments are often received within a month of the application.

Rates from April 2010

Age of Victim

Living Claims

Posthumous Claims

37 and under

£75,176

£39,122

38

£73,714

£38,281

39

£72,255

£37,442

40

£70,796

£36,603

41

£69,336

£35,764

42

£67,876

£34,925

43

£67,147

£34,122

44

£66,413

£33,310

45

£65,687

£32,513

46

£64,957

£31,711

47

£64,226

£30,910

48

£62,185

£29,923

49

£60,143

£28,938

50

£58,095

£27,952

51

£56,053

£26,971

52

£54,006

£25,987

53

£52,548

£25,178

54

£51,089

£24,378

55

£49,632

£23,575

56

£48,167

£22,768

57

£46,708

£21,968

58

£42,915

£19,746

59

£39,117

£17,517

60

£35,327

£15,292

61

£31,530

£13,065

62

£27,734

£10,836

63

£25,397

£10,201

64

£23,061

£9,569

65

£20,729

£8,921

66

£18,393

£8,285

67

£16,057

£7,298

68

£15,582

£7,298

69

£15,106

£7,298

70

£14,634

£7,298

71

£14,161

£7,298

72

£13,686

£7,298

73

£13,283

£7,298

74

£12,873

£7,298

75

£12,478

£7,298

76

£12,081

£7,298

77 and over

£11,678

£7,298

 To download the link click on Mesothelioma

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