Occupational Asthma - is it a disability?

blue_monkey_2

Hi all,

OH has been disgnosed today with Occupational Asthma - he is allergic to the bases of metals. Trying to get things organised and know what we can claim. Obviously his employment will now end and we will be without his income. I have my own business but not going too well this year and have only made £1,100 in 10 months (yeah, I know!). Obviously we will claim Tax Credit (I hope) but we wondered what he could claim for.

He did have another job lined up but now he cannot do that as the would be contracted to work on the site of the place he has just been kicked out of and he won't be allowed to return on site so he cannot take that job. He now cannot do both of the jobs he has trained for and done since leaving school because he is not going to be able to enter come environments without end ing up not being able to breath. Can he go to college and retrain or get work experience to get another trade as he cnow cannot be around things that give off chemicals as he ends up wheezing. Even those kitchen cleaning cloths make him wheeze so I guess this is going to have an impact on where he works from now on.

To be honest, I have been blase asbout it until now when I realised that we will not be getting his (decent) wage fater next month and there is no way I earn enough to support us. Eek. Any advice on beneifts he could claim would be much appreciated - more to put my mind as rest as he is still in hospital at the moment and I need some advice on where we will go from here. We have 2 children of 2 and 3 but live with my mum, we cannot afford to buy so no mortgage but we pay all the bills here. As an afterthought, would this be enough to get us more points towards having our own council place? We have been on the list for 6 years.

Thanks for any help.

CIS

He might be eligible for industrial injuries benefit, but with all disability benefits, it depends on the % of disablement they assess that he suffers

Information Page
http://www.jobcentreplus.gov.uk/JCP/Customers/WorkingAgeBenefits/Dev_008554.xml.html

Claim form
http://www.dwp.gov.uk/advisers/claimforms/bi100oa_print.pdf

blue_monkey_2

Hi, Thanks for that, I was browsing those pages before you answer and I have found some useful stuff. I spoke to him today and the hospial have been doing tests to induce the asthma to find out how bad he is. He told me that they give him histamine to check his level of resistance. a week ago it was at 16 and this is normal, now it is at 0.6, they have diagnosed him but it seems that it is various metal bases (in dust form) that he is allergic to and not just one. They are keeping him in him as it seems they have made him quite ill but would have thought that tthese tests would be enough for him to make a claim as he is in hospital being tested.

I have a headache with worrying about it now it is not 'if' but 'definate'. They have taken the links off the TC website now as I was trying to look at how much I would get with earning so little. The business was going well but has nosedived since the summer big time. Judging by the figures on an old tax credit form I found, it seems the more money you earn the more you need to live on and they bump it up to. ie. if you earn 20k you get an additional £1500, therefore bumping your money up (effectively) to £21.5k yet if you earn £5k you get 6.5k so only 'need' 11.5k to live on. How does this work? I thought they would put our money up to the higher rate which would more or less equal what we are getting now. Heaven knows how we can live on £200 a week, that does not even cover our rent to mum, electric, coucil tax, and car expenses - that is without starting on food. I am getting scared as I looked at my accounts last week and I only earned £1,100 since April. Looking at that form I'll get around 5k which makes an income of 6k. Difficult not to worry really.

CIS

It depends on how much you earn as well as your circs, on a higher income, you usually only get more than the basic £547.50, if you have a baby or pay childcare.

With 2 children and an income of £6000 per annum, you would get roughly £150 per week for the 2006/07 tax year.

This is ignoring any disabilities or childcare.

The award would reduce by 37% of the income for any extra income you where getting above the £6000 in the example I used.

blue_monkey_2

Thanks for taking the time to get back to me.

We have 2 children and no, we do not pay child care because I work from home - I usually end up doing 50 odd hours a week in total I guess, it has been a really bad year for us - ironically with Xmas being the worst time and major losses. This is why we have so little to show for all the work.

I just feel so disappointed with everything really and I don't know what to do. I guess I'll be back to work then if my husband can't retrain and us get benefit to get us by with the money we have to pay out now and will have to do the other business stuff around that job too. I am looking at the form and it says on there that for 2 kids, no childcare and earning £20,000 you are awarded £1,155, thus they are saying you need £21,155 to live on yet earn less than this and it takes more and more money away the less you earn. I really don't get how people in higher paid jobs get more money - this is what I do not understand. Surely the rich are getting richer this way??

I guess we'll find out sooner or later though won't we. My husband is going to get given some literature about it all tomorrow so I guess we'll have to cross our fingers and see what the future brings.

Thanks for your help.

ohreally

I strongly suggest you seek legal advice. Your husbands employer has a legal duty of care towards him and from what you describe they may have failed in that respect. Was there adequate risk assesements covering all jobs they gave him to do? Did the employer seek occupational health advice when they were informed about his condition? After diagnosis what support mechanisms were put in place and were they adequate? Did they make reasonable adjustments to enable him to remain working or offer to retrain him? Is he a union member and if so has he informed them of developments?

blue_monkey_2

Hi Ohreally,

Sorry, things have been manic and I have not really been around to answer this. hubby has a meeting at work next week with his union rep present so I guess we will find out where we go from there. I am more worried about not having money with the kids being here. Although he is entitled to claim for anything we would not see that money for a good few years which does not help today and for next month, etc...

Thanks for your help.

Savvy_Sue

blue_monkey wrote:

As an afterthought, would this be enough to get us more points towards having our own council place? We have been on the list for 6 years.

Yes, I think it would! Especially if living in your current situation could be said to contribute towards the asthma, eg if your mum smokes, she has a much-loved dog or cat, it is next door to a factory churning out irritating dust and gases. Even if none of them are true, it would be worth asking your GP to write a letter of support.

As for re-training, going back to college, yes either of those are possible. But I don't know what financial help is available. I believe the Job Centre are the people to ask.

Meanwhile, have a look at the old-style board if you don't already go there to get tips about cutting back on spending. Those cleaning cloths will have to go anyway, but there are probably suggestions about what cleaning materials you can use which won't trigger his asthma - vinegar and lemons, probably! :rotfl:

If your mum is in receipt of any benefits or rents the house you share with her, then remember that your change of circumstances also affects those (hopefully for the better!)

ohreally

What was the outcome to this?