Constituency Casework
Pleural Plaque Update
You may be interested to know that the Ministry of Justice are currently holding a public consultation to consider how the government should respond to the House of Lords’ decision not to allow compensation for pleural plaque sufferers.
The consultation document can be found at www.justice.gov.uk/publications/cp1408.htm
If you prefer to receive a summary of the consultation document together with the form please contact Simone in my office on (01752) 365617. I would be grateful to get your views and would be happy to forward them to the consultation team. The deadline is 1st October 2008.
Pleural Plaque
You may well be aware that a lobby on this serious matter took place in Westminster on 29th January, which I attended. The discussions concentrated on the fact the Scottish Government are planning to introduce a Bill which will allow compensation claims for pleural plaque sufferers, thus overturning the Lords’ ruling on this matter following the test case.
The decision in the Lords’ Court of Appeal was based on pleural plaque not being classed as a disease and would not necessarily lead to any further complications. It was also decided that the anxiety of it developing into a disease could not be reason enough to award compensation based on negligence.
There are clearly very strong emotions attached to this difficult issue and the Parliamentary Under-Secretary for Justice, Bridget Prentice MP acknowledged in a debate on 23rd January, that the situation for people to be able to claim compensation in one part of the country but not in the other, was unacceptable. To read the whole debate please click on this link:
http://www.publications.parliament.uk/pa/cm200708/cmhansrd/cm080123/halltext/80123h0006.htm#08012348000003
I have recently written to Bridget Prentice MP to seek further detail on the government’s next steps and future plans on this matter. I have also written to the Minister for the South West, Ben Bradshaw MP, asking him to press the government on this issue, considering that this is clearly a matter strongly affecting the South West of England, with Plymouth being one of the hot spots. If you would like an update please contact my Plymouth office, in order that my staff can take your details.
Asbestos-related diseases
There is a lot of confusion regarding entitlement to compensation and eligibility to certain benefits. I hope the below explanation will make it a bit easier to understand the criteria.
WHO CAN CLAIM WHAT?
Servicemen/women:
- All those that worked under the crown, mainly in uniform (Navy, Air Force, etc) can claim war pension, widows can receive war widows pension, but it will be stopped when they cohabitate with someone; claims should be made with the Veterans and Service Personnel Agency
- No compensation for negligence against employer can be claimed, if they were exposed to asbestos before 1987, impossible under Crown Immunity Act 1947
- This was changed in 1987; service personnel can now sue the crown and claim against MOD, but not retrospectively – this means that only service personnel who was exposed after 1987 can claim against the MOD and claim compensation
Civil Servants and other employees:
- can make a civil compensation claim from MOD or other employer for negligence, but cannot claim war pension. Legal or trade union advice is strongly recommended
Mesothelioma sufferers may be eligible to Claim: Industrial Injuries Benefit, Industrial Injuries Compensation Scheme, (plus civil compensation)
- In March 2007 government ensured speeding up claim process for IIDB regular payment) and IICS (lump sum payment), both processed by DWP/Jobcentre Plus
COMPENSATION AND BENEFIT SCHEMES
You may be entitled to Industrial Injuries Disablement Benefit (IIDB) or Industrial Injuries Compensation Scheme (IICS), if your condition has been caused through work.
However, if you claim civil compensation (mostly through legal representation), any IIDB, IICS or other related benefits are likely to be deducted or recovered by the DWP
HOW TO CLAIM
- IIDB/IICS: Jobcentre Plus/DWP
- War pension/war widows pension: Service Personnel and Veterans Agency
- Civil compensation: solicitor/trade union
Contact:
Service Personnel and Veterans Agency
Norcross
Thornton Cleveleys
Lancashire
FY5 3WP
Helpline: 08001 692 277
Email: veterans.help@spva.gsi.gov.uk
Website: www.veterans-uk.info
Jobcentre Plus: 618000
www.jobcentreplus.gov.uk
IIDB: Jobcentre Plus, Yeovil: 01935 646000
from April 2008 Castleford: 01977 464111
IICS: Jobcentre Plus, Barrow-in Furness: 0845 6031358