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.

The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 provides lump-sum payments to mesothelioma sufferers or their dependants who contracted mesothelioma as a result of work exposure to asbestos, but who have not started court action against their former employers. To qualify for a payment, the former employers must have gone out of business or the employment must have been more than 20 years ago.

The 1979 Act does not pay people who contracted mesothelioma through indirect exposure, for instance, clothing exposure from a relative who worked with asbestos.

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.

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 or are applying for someone else, you use form PWC1.

You can get this form 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.

Pneumoconiosis etc (Workers’ Compensation) Act 1979

From 1st April 2010

Payments to Sufferers

Age

37 and under 75,176

38 73,714

39 72,255

40 70,796

41 69,336

42 67,876

43 67,147

44 66,413

45 65,687

46 64,957

47 64,226

48 62,185

49 60,143

50 58,095

51 56,053

52 54,006

53 52,548

54 51,089

55 49,632

56 48,167

57 46,708

58 42,915

59 39,117

60 35,327

61 31,530

62 27,734

63 25,397

64 23,061

65 20,729

66 18,393

67 16,057

68 15,582

69 15,106

70 14,634

71 14,161

72 13,686

73 13,283

74 12,873

75 12,478

76 12,081

77 and over 11,678

1979 Act payments made to dependants of people who have died of mesothelioma

From 1st April 2010

Posthumous Payments

Age

37 and under 39,122

38 38,281

39 37,442

40 36,603

41 35,764

42 34,925

43 34,122

44 33,310

45 32,513

46 31,711

47 30,910

48 29,923

49 28,938

50 27,952

51 26,971

52 25,987

53 25,178

54 24,378

55 23,575

56 22,768

57 21,968

58 19,746

59 17,517

60 15,292

61 13,065

62 10,836

63 10,201

64 9,569

65 8,921

66 8,285

67 and over 7,298.

2008 Diffuse Mesothelioma Scheme

The 2008 Diffuse Mesothelioma scheme compensates any UK sufferer. You also use Form PWC1 to apply.

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.

From 1st April 2010, 2008 Diffuse Mesothelioma Scheme payments have been equalised with payments made under the Pneumoconiosis etc. (Workers Compensation) Act 1979. This means that mesothelioma sufferers who were self-employed or were exposed to asbestos outside of work, will receive exactly the same as those exposed to asbestos at work.

From 1st April 2010, the 2008 Diffuse Mesothelioma Scheme posthumous payments will also be brought into line with 1979 Act posthumous payments, which will be increased by £5,000.

For mesothelioma posthumous payments only, an additional payment is made, which will be £2649 from 1st April 2010.