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Pneumoconiosis etc (Workers Compensation) Act 1979
You may get a one off payment from the Government. This has nothing to do with a civil action against employers. However, you will not get such a payment if you have started a court action or brought a court action against your employers.
Unless you have actually started a court action, it is always worthwhile applying for a 1979 Act payment if you have been exposed to asbestos during your working life, even if your former employers are still in business.
You will only get such a payment under the 1979 Act if the Jobcentre awards you industrial injuries disablement benefit for an asbestos-related condition.
A 60-year old person with mesothelioma will get £33,147 under the 1979 Act. However, the widow of a 60-year old man who died of mesothelioma and did not apply under the Act during his lifetime will only receive £9,658.
Therefore, it is important to apply for a 1979 Act payment immediately, before you have the result of your application for industrial injuries disablement benefit.
As soon as you have the result of your industrial injuries disablement benefit application, you should tell the Jobcentre Plus dealing with your 1979 Act application.
You may not be entitled to a payment under the Act because the employer that exposed you to asbestos is still going, but you should always apply in case you are entitled to a payment.
If you later bring a court action, you will not have to repay the money. It will reduce the value of your claim against your employers, because your employers will be given credit for your 1979 Act award. However, the value of the claim against your employers will be significantly higher than the 1979 Act award.
If you have mesothelioma, you need form PWC1.
If you are the wife or husband of someone who has died from mesothelioma, you need form PWC2.
If you are another dependant of a mesothelioma sufferer, you need form PWC3.
You can get these forms from: -
Jobcentre Plus
Phoenix House, 4th Floor
Stephen Street,
Barrow-in-Furness,
Cumbria LA14 1BY.
Telephone 0800 279 2322
www.jobcentreplus.gov.uk
I will send you the application form and deal with this application for you, if you have not already applied.
1979 Act payments made to victims of mesothelioma
1 April 2008 onwards
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Age when assessed |
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£ |
37 and under |
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70538 |
38 |
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69167 |
39 |
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67797 |
40 |
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66428 |
41 |
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65058 |
42 |
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63689 |
43 |
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63005 |
44 |
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62316 |
45 |
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61635 |
46 |
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60950 |
47 |
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60264 |
48 |
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58348 |
49 |
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56432 |
50 |
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54510 |
51 |
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52595 |
52 |
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50674 |
53 |
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49306 |
54 |
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47937 |
55 |
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46470 |
56 |
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45195 |
57 |
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43827 |
58 |
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40267 |
59 |
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36704 |
60 |
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33147 |
61 |
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29584 |
62 |
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26023 |
63 |
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23831 |
64 |
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21639 |
65 |
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19450 |
66 |
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17258 |
67 |
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15067 |
68 |
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14621 |
69 |
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14174 |
70 |
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13731 |
71 |
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13288 |
72 |
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12842 |
73 |
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12464 |
74 |
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12079 |
75 |
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11708 |
76 |
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11335 |
77 and over |
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10957 |
1979 Act payments made to dependants of people who have died of mesothelioma
Age of person £
who has died
| 37 and under |
32017 |
| 38 |
31227 |
| 39 |
30441 |
| 40 |
29653 |
| 41 |
28865 |
| 42 |
28079 |
| 43 |
27326 |
| 44 |
26564 |
| 45 |
25815 |
| 46 |
25063 |
| 47 |
24312 |
| 48 |
23386 |
| 49 |
22461 |
| 50 |
21536 |
| 51 |
20615 |
| 52 |
19692 |
| 53 |
18934 |
| 54 |
18183 |
| 55 |
17428 |
| 56 |
16672 |
| 57 |
15921 |
| 58 |
13836 |
| 59 |
11745 |
| 60 |
9658 |
| 61 |
7568 |
| 62 |
5477 |
| 63 |
4880 |
| 64 |
4287 |
| 65 |
3679 |
| 66 |
3082 |
| 67 and over |
2485 |
2008 Diffuse Mesothelioma Scheme
Effective from 1 October 2008.
The 1979 Act does not pay people who contracted mesothelioma through indirect exposure to asbestos, for instance, clothing exposure from a relative who worked with asbestos, or exposure to asbestos products outside of work.
The 2008 Diffuse Mesothelioma scheme compensates any UK sufferer. It is not necessary to have worked with asbestos.
The application form is the same form as for the 1979 Act.
Provided you were exposed to asbestos in the UK, and have not already received a payment from elsewhere in respect of your mesothelioma, you should receive a payment under the 2008 Scheme.
The new scheme will provide one-off payments to several hundred people a year who did not qualify under the old system. Over a period of about 3 years, payments will be increased so that they are the same as 1979 Act payments.
2008 Scheme, amounts payable to person with mesothelioma
Age at diagnosis £
or, if unknown,
age at date of claim
37 and under 52,772
38 51,747
39 50,722
40 49,698
41 48,673
42 47,648
43 47,137
44 46,621
45 46,112
46 45,599
47 45,086
48 43,653
49 42,219
50 40,781
51 39,349
52 37,911
53 36,888
54 35,864
55 34,841
56 33,812
57 32,789
58 30,125
59 27,460
60 24,799
61 22,133
62 19,469
63 17,829
64 16,189
65 14,551
66 12,911
67 11,272
68 10,939
69 10,604
70 10,273
71 9,941
72 9,608
73 9,325
74 9,037
75 8,759
76 8,480
77 and over 8,197
2008 Scheme, amount payable to dependants
Age of person with mesothelioma
at death Payment
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