Asbestos Claim & Benefits

rogdaughter

My father is in the process of securing a successful claim against his employer (50 years ago) where he was exposed to asbestos - and has recently been diagnosed with Sarcotomoid Mesothelioma - an aggressive lung cancer - with a prognosis of 6 months. He is now in receipt of Attendance Allowance and Industrial Injuries Allowance. He has been told by his solicitor that when his payout comes through they will be deducting the amount equivalent to what he has already received for his Attendance Allowance - although the allowances are non-means tested and will still continue to be paid once his payout is made.

This does not seem to make sense to me - does anyone know if this is actually the case? Or is it a case of Department of Work and Pensions gone mad?

Many thanks

ramsas

compensation recovery unit (DWP)
The DWP can only deduct payments made for certain types of benefits from compensation paid for certain types of damage. Your solicitor should be able to advise you whether any of your compensation is liable to deduction depending on what the compensation is being paid for.He will have to complete a declaration stating how much was awarded and what benefits were being paid to him from onset of illness,basically they are doing this to stop him being paid twice for the illness/injury..i may be wrong but i think the attendance allowance is deductable but not the industrial injuries payments...check with solicitor but it is standard practice where someone is paying out for injury/illness..same applies to car accidents and if you claim sickness benefit due to it and get money from them in the interim period..so the answer is the DWP have not gone mad..hope this helps.

ramsas

Suggest you look up compensation recovery unit.

sunnyone

rogdaughter wrote: »

My father is in the process of securing a successful claim against his employer (50 years ago) where he was exposed to asbestos - and has recently been diagnosed with Sarcotomoid Mesothelioma - an aggressive lung cancer - with a prognosis of 6 months. He is now in receipt of Attendance Allowance and Industrial Injuries Allowance. He has been told by his solicitor that when his payout comes through they will be deducting the amount equivalent to what he has already received for his Attendance Allowance - although the allowances are non-means tested and will still continue to be paid once his payout is made.

This does not seem to make sense to me - does anyone know if this is actually the case? Or is it a case of Department of Work and Pensions gone mad?

Many thanks

he should be entitled to constant attandance allowance in those cercomstances which isnt wildly advertised but is payed to those whos disability was caused by work who are in reciept of industrial injury benefit to recognise this, its a fair bit extra money each week.