Posthumous claims for Industrial Injuries Disablement Benefit
It is possible to claim IIDB in respect of someone who is entitled to IIDB, but dies before being able to make a claim. This is called a ‘posthumous’ claim. If you wish to make a posthumous claim you should write requesting to be appointed to act on behalf of the deceased person. If you have a copy of the death certificate you should send this with your letter. You should then complete the form B1100PN to make a claim just as if the person were still living.
There are time limits for making a posthumous claim for IIDB so you need to act as soon as you can. You must apply to be the ‘appointed person’ within 6 months of the date the death certificate was issued. You then have 6 months to make a claim from the date of appointment.
For payment purposes, a posthumous claim is treated as if it had been made by the deceased person on the day they died. The maximum amount of back payment is 3 months.
Other Industrial Injury scheme benefits such as Constant Attendance Allowance and Exceptionally Severe Disablement Allowance can also be paid posthumously. Ask for these also to be considered when you make a posthumous claim for Industrial Injuries Disablement Benefit.
If someone dies as a result of an asbestos disease it is possible, if their disability assessment is less than 100%, to request that their disability benefit is increased to 100% for three months prior to death. This request must be made within one month of their death
Claiming a payment from the Workers’ Compensation Act 1979 and Diffuse Mesothelioma Scheme 2008 after someone has died
If the person who has died from an asbestos-related disease did not claim a payment in life and you are classed as a dependant you can apply for payment under the Workers’ Compensation Act, but only one category of dependant is paid.
Dependants are considered in the following order:
- surviving husband or wife of the sufferer; or if there is no spouse,
- the sufferers children who are under 16 years old or under 21 but not in full time paid employment; or
- permanently incapable of supporting themselves at the time the sufferer died: or if there are no children;
- the sufferer’s partner who lived with the sufferer, although not married;
- or if there is no partner;
- any other relative who was a dependent on the sufferer at the time of his or her death.
Claim at the same time as you apply for a posthumous award of IIDB. Claim on form PWC1 – ‘Mesothelioma and other lung diseases’, which can be obtained from the Jobcentre Plus at Barrow in Furness, which is the central office that deals with the scheme. The address is Jobcentre Plus, Barrow IIDB Centre, Pitman Way, Preston PR11 2AB Phone 0800 279 2322
If your wife or husband died on or after 9 April 2001 you may be entitled to benefit if you are under age 60 (women) or under age 65 (men). Bereavement Benefits are based on national insurance contribution conditions – but if your late wife or husband died as a result of a prescribed industrial disease, these conditions are treated as satisfied.
The Bereavement Benefits are:
- Bereavement Payment; and
- Widowed Parents Allowance; or
- Bereavement Allowance.
To claim Bereavement Benefits, contact your local DWP office.