industrial injuries disablement benefit october 2012

Industrial Injuries

Disablement Benefit

Industrial Injuries Disablement Benefit, Action on Hearing Loss Information, October 2012 2

Industrial Injuries Disablement Benefit

This factsheet is part of our Benefits range. It is written for people who are deaf. We use the

term ‘people who are deaf’ to refer to people who are deaf, deafened or hard of hearing.

Most of the information in this factsheet will apply to you wherever you live in the UK. But if you

live in Northern Ireland, you should call the Social Security Agency for Northern Ireland for

further advice (see page 10 for contact details).

Read this factsheet to find out:

What is Industrial Injuries Disablement Benefit (IIDB)? 3

Can I qualify for IIDB? 3

Do I have occupational deafness? 3

How is occupational deafness measured? 5

What if my deafness was caused by an industrial accident? 6

Can I claim benefit through the Analogous Industrial Injuries Scheme? 6

How do I claim IIDB? 6

How do I challenge a decision on my claim? 7

Can I claim compensation? 8

How much IIDB could I get? 8

How does IIDB affect other benefits? 9

Where can I get further information? 10

If you’d like further copies of this factsheet, or if you’d like to receive it in large print, Braille or

audio format, please contact our helpline (see front page).

State pension age to rise

State pension age – the age at which you can start to claim your state retirement pension – is

currently 65 for men and 60 for women born on or before 5 April 1950. However, state pension

age for men and women is being equalised by November 2018. This means that for women

born after 5 April 1950 but before 6 December 1953, state pension age will be between 60 and

65, depending on their date of birth. From December 2018, the state pension age for both men

and women will start to increase to reach 66 by October 2020. Other benefits and entitlements

that were previously available to women and men at 60 (such as the Winter Fuel Allowance,

Pension Credit and free prescriptions) will change so that they are available both to men and

women at the qualifying age at which women retire. To find out your exact state pension age,

contact the Pension Service (see page 11 for details).


What is Industrial Injuries Disablement Benefit?

Industrial Injuries Disablement Benefit (IIDB) compensates people who have become disabled

as a result of an industrial disease or accident at work.

It is non-contributory, which means it doesn’t matter how many national insurance contributions

you have made. It is not means-tested, which means you can claim it regardless of any income

or savings you have. You can claim it even if you are still working.

Can I qualify for IIDB?

Yes, if you became deaf because you were exposed to noise at work over a period of time.

This is called occupational deafness.

On page 4 you can find ‘listed occupations’ – jobs that the Department for Work and Pensions

(DWP) accepts as potentially causing deafness. Check this list to see if your job is included. If

you have never worked in one of the listed jobs, you can’t claim for occupational deafness.

However, you can claim if your deafness was caused by an accident at work, no matter what

your job was.

To qualify for IIDB, you must satisfy the following conditions:

you were an employed earner, and either

you have a prescribed industrial disease (see below), or

you have suffered a personal injury in an industrial accident, and

consequently you suffer from a loss of faculty, as a result of which you are disabled, and

you make a claim within the relevant time limit.

Do I have occupational deafness?

‘Occupational deafness’ means deafness caused by exposure to noise in a listed occupation.

It is classified as a prescribed industrial disease. You qualify for IIDB under the rules for

occupational deafness if:

the degree of your disablement from hearing loss is at least 20%, and

you have worked in a listed occupation for at least 10 years, and

you were working in a listed occupation for no more than five years before your claim.

Your deafness can only count as a prescribed industrial disease if it was caused by exposure

to noise while you were working in a listed occupation (see next page). If your deafness is

because of prolonged noise exposure in a job that is not on the list, it will not be treated as

occupational deafness.


Occupational deafness – listed occupations

Any occupation involving the use of, or work wholly or mainly in the immediate vicinity of the

use of:

(a) a band saw, circular saw or cutting disc to cut metal in the metal founding or forging

industries, circular saw to cut products in the manufacture of steel, powered (other than

hand-powered) grinding tool on metal (other than sheet metal or plate metal), pneumatic

percussive tool on metal, pressurised air arc tool to gouge metal, burner or torch to cut

or dress steel-based products, skid transfer bank, knock out and shake out grid in a

foundry, machine (other than a power press machine) to forge metal including a machine

used to drop stamp metal by means of closed or open dies or drop hammers, machine

to cut or shape or clean metal nails, or plasma spray gun to spray molten metal

(b) a pneumatic percussive tool to drill rock in a quarry, on stone in a quarry works,

underground, for mining coal, for sinking a shaft, or for tunnelling in civil engineering

works

(c) a vibrating metal moulding box in the concrete products industry, or circular saw to cut

concrete masonry blocks

(d) a machine in the manufacture of textiles for weaving man-made or natural fibres

(including mineral fibres), high speed false twisting of fibres, or the mechanical cleaning

of bobbins

(e) a multi-cutter moulding machine on wood, planing machine on wood, automatic or semi-

automatic lathe on wood, multiple cross-cut machine on wood, automatic shaping

machine on wood, double-end tenoning machine on wood, vertical spindle moulding

machine (including a high-speed routing machine) on wood, edge banding machine on

wood, bandsawing machine (with a blade width of not less than 75 millimetres) on wood,

circular sawing machine on wood including one operated by moving the blade towards

the material being cut, or chain saw on wood

(f) a jet of water (or a mixture of water and abrasive material) at a pressure above 680 bar,

or jet channelling process to burn stone in a quarry

(g) a machine in a ship’s engine room, or gas turbine for performance testing on a test bed,

installation testing of a replacement engine in an aircraft, or acceptance testing of an

Armed Service fixed wing combat aircraft

(h) a machine in the manufacture of glass containers or hollow ware for automatic moulding,

automatic blow moulding, or automatic glass pressing and forming

(i) a spinning machine using compressed air to produce glass wool or mineral wool

(j) a continuous glass toughening furnace

(k) a firearm by a police firearms training officer, or

(l) a shot-blaster to carry abrasives in air for cleaning.

Schedule 1, Social Security (Industrial injuries) (Prescribed Deafness) Regulations 1985.

Amended 1988, 1989, 1994, 1996, 2003


How is occupational deafness measured?

Sound is measured in decibels (dB). Occupational deafness is defined as ‘sensorineural

hearing loss amounting to at least 50dB in each ear, being the average of hearing losses at

1, 2 and 3kHz frequencies and being due in the case of at least one ear to occupational noise’.

This means that noise at work must have caused your hearing loss in at least one ear. Your

overall assessment will be based on hearing loss from all causes – including the effects of

ageing – which must be at least 50dB in each ear. The level of your hearing loss will be

assessed by a hearing test.

How do I work out my disablement percentage?

The table below shows how your level of hearing loss is converted into a disablement

percentage.

The numbers in the grey area are the disablement percentages. To read the chart, you need

to know your hearing loss in your worse ear and your better ear – you’ll get this from your

hearing test. For example, if you have a hearing loss of 80dB-86dB in your worse ear and your

better ear has a hearing loss of 54dB-60dB, then your disablement percentage would be 38%.

1, 2, 3

kHz

average

Pure tone hearing loss

Worse ear

Pure tone

hearing

loss

dB 50

-53

54

-60

61

-66

67

-72

73

-79

80

-86

87

-95

96

-105

10

6+

Better ear

50-53 20 22 24 26 28 30 32 34 36

54-60 22 30 32 34 36 38 40 42 44

61-66 24 32 40 42 44 46 48 50 52

67-72 26 34 42 50 52 54 56 58 60

73-79 28 36 44 52 60 62 64 66 68

80-86 30 38 46 54 62 70 72 74 76

87-95 32 40 48 56 64 72 80 82 84

96-105 34 42 50 58 66 74 82 90 92

106+ 36 44 52 60 68 76 84 92 100


What if my deafness was caused by an industrial accident?

The qualifying conditions are different if your deafness was caused by an accident at work.

You can qualify for IIDB under the rules for industrial accidents if:

your hearing loss was caused by an accident sustained ‘out of and in the course of your

employment’, and

the degree of your disablement is at least 14%, and

15 weeks have passed since the date of the accident.

Unlike occupational deafness, you don’t need to have worked in a specified occupation to

qualify under the rules for industrial accidents.

A sudden acoustic shock such as an explosion or a head injury, which affects your hearing,

can count as an industrial accident. You must report the accident to your employer as soon as

possible. Tell your employer about it even if you aren’t sure whether the accident will result in

permanent damage to your hearing. The following table is part of the guidance for how

deafness in cases of industrial accidents should be assessed:

Degree of hearing attained Percentage disablement

for both ears used together

Shout not beyond 1m 80%

Conversational voice not over 30cm 60%

Conversational voice not over 1m 40%

Conversational voice not over 2m 20%

Conversational voice not over 3m

with one ear totally deaf

otherwise

20%

less than 20%

Can I claim benefit through the Analogous Industrial

Injuries Scheme?

If your deafness was caused by an accident or exposure to noise while you were taking part in a

government-funded course, such as work-based training for adults, you can claim IIDB through

the Analogous Industrial Injuries Scheme (see page 10 for contact details).

How do I claim IIDB?

You can go to the Directgov website to download the forms and leaflets we mention in the

following sections, or get copies from the Benefit Enquiry Line (BEL) or your local Jobcentre

Plus office (see pages 10-11 for contact details).


Occupational deafness

To claim IIDB for occupational deafness, you’ll need to complete form BI100-PD, Industrial

injuries disablement benefit for occupational deafness.

You must claim within five years of the date you last worked in a listed occupation. Claims

for occupational deafness cannot be backdated under any circumstances.

If your claim for occupational deafness is refused on disablement grounds, you can’t make

another claim for a further three years. However, if waiting three years takes you outside the

five-year time limit, then you can re-claim earlier.

Industrial accident

To claim IIDB because of an industrial accident, you’ll need to complete form BI100A,

Industrial injuries disablement benefit for an accident at work.

Your claim can be automatically backdated one month. But the earliest date from which you

can be awarded IIDB is 15 weeks after your accident.

How do I challenge a decision on my claim?

If you’re not happy with the decision, you have one month to ask for an explanation or for the

decision to be changed. This one-month period after the decision is called the ‘dispute period’.

If you ask for a written statement of reasons, the dispute period is extended by a further two

weeks.

Your claim may be refused because the DWP decision-maker says you have not worked in a

prescribed occupation (occupational deafness), or because your measured level of hearing loss

is not sufficient. You’ll have to consider getting extra evidence if you want to challenge the

decision. This may be evidence about the nature of your job, or the results of another hearing

test, showing a higher level of hearing loss.

If you ask for the decision to be changed, a DWP decision-maker will look at your case again

and give you another decision. If there are special reasons that made it difficult for you to

challenge the decision in time, a late application can be accepted within 13 months.

If the DWP looks at the decision again, this is called a ‘revision’. You have one month to appeal

to a tribunal if you still disagree with the decision.

An independent tribunal will hear your appeal. You stand a better chance of winning your

appeal if you opt for an oral hearing and take a representative with you. An oral hearing is when

the people involved in the case go to the tribunal and ask questions and give information. An

appeal about IIDB will normally include a medical examination (hearing test). If you want more

details about the dispute process, you should get the DWP leaflet GL24, If you think our

decision is wrong. You can download this from www.direct.gov.uk

http://www.direct.gov.uk/


Can I claim compensation?

Whether you claim IIDB or not, you could also claim compensation through the civil courts for

hearing loss caused by your job. You must claim within three years of your industrial accident or

when your occupational deafness first occurs.

The compensation you receive may be reduced if you have been receiving certain social

security benefits – see DWP leaflet GL27, Compensation and social security benefits for more

information.

How much IIDB could I get?

The amount of benefit you get will depend on the extent of your disablement. The table below

indicates the weekly amount of benefit you may receive, in relation to your age.

Lower percentages are rounded to the nearest multiple of 10% for the purposes of payment. For

example, an assessment of 24% is rounded down to 20%; an assessment of 25% is rounded up

to 30%; and so on. An assessment of 14%, in industrial accident cases, is rounded up to 20%.

Weekly rates of IIDB – from April 2011

Degree of disablement

Amount if you are

under 18

Amount if you are

over 18

100% £96.90 £158.10

90% £87.21 £142.29

80% £77.52 £126.48

70% £67.83 £110.67

60% £58.14 £94.86

50% £48.45 £79.05

40% £38.76 £63.24

30% £29.07 £47.43

20% £19.38 £31.62

Additional allowances

If you are awarded IIDB, you may also qualify for the following additional allowances:

Constant Attendance Allowance

Exceptionally Severe Disablement Allowance

Reduced Earnings Allowance

Retirement Allowance.


Constant Attendance Allowance

You may qualify for Constant Attendance Allowance if your disablement percentage is 95%.

Your need for care and attention must be the result of an industrial accident/disease.

Constant Attendance Allowance is paid at the following weekly rates:

part-time £31.65

normal maximum £63.30

intermediate £94.95

exceptional £126.60

Exceptionally Severe Disablement Allowance

You may qualify for Exceptionally Severe Disablement Allowance if you are entitled to Constant

Attendance Allowance at one of the two higher rates (intermediate or exceptional) and you are

likely to qualify to claim for Constant Attendance Allowance at these rates permanently. If you

qualify for Exceptionally Severe Disablement Allowance, you will get £63.30 a week.

Reduced Earnings Allowance

You only qualify for Reduced Earnings Allowance if your industrial accident or the start of your

occupational deafness happened before 1 October 1990. You must be unable to do your normal

job or an equivalent job as a result of your hearing loss. You must also be under pension age or

still in regular employment.

The rate of Reduced Earnings Allowance you receive will depend on whether your current

earnings or potential earnings are lower than you received in your old job. The maximum

Reduced Earnings Allowance payable is £63.24 a week.

Retirement Allowance

If you are over state pension age (see page 2), have given up a regular job and are no longer

getting Reduced Earnings Allowance, then you may be able to get Retirement Allowance. This

is basically a reduced rate of Reduced Earnings Allowance. The maximum amount payable is

£15.81 a week.

For more details about these extra allowances, see the leaflet SD7, Disabled because of an

accident at work? For current rates, see the leaflet GL23, Social security benefit rates.

How does IIDB affect other benefits?

Benefits for industrial injuries may affect other benefits you get:

You can get IIDB, Reduced Earnings Allowance and Retirement Allowance in addition to

other non-means-tested benefits, except War Disablement Pension.


IIDB, Reduced Earnings Allowance and Retirement Allowance are taken into account as

income for means-tested benefits, such as Income Support, Pension Credit, Housing Benefit

and Tax Credits.

Industrial injuries benefits are not taxable and are not taken into account as income if you

claim Working Tax Credit or Child Tax Credit.

Constant Attendance Allowance and Exceptionally Severe Disablement Allowance are

ignored as income for means-tested benefits.

Constant Attendance Allowance can affect the amount of Disability Living Allowance you

receive.

You may qualify for other benefits if you are disabled from disease or deafness as a result of

work – but they may reduce the amount of income-related benefits, including Income Support

and Council Tax Benefit, you get. Tell your benefits office if you get IIDB and related benefits.

Where can I get further information?

If you have an enquiry about benefits, you should first contact the Benefit Enquiry Line (BEL).

If you need help filling in a form or want to speak to someone in person, contact the BEL or your

local Citizens Advice Bureau. Alternatively, contact your local Jobcentre Plus office – staff

may be able to arrange for a visiting officer to come and see you in your own home.

Analogous Industrial Injuries Scheme

Jobcentre Plus, Barnsley IIDB Centre, Brightside Lane, Sheffield S99 1AB

Telephone 0845 758 5433 Textphone 01977 464 144

Benefit Enquiry Line (BEL)

A free advice and information line run by the Department for Work and Pensions for people who

are disabled and their carers.

Warbreck House, Warbreck Hill Road, Blackpool, FY2 0YE


[email protected] www.direct.gov.uk/disability-money

Social Security Agency for Northern Ireland Benefit Enquiry Line


www.dsdni.gov.uk/ssa

Citizens Advice

Provides free advice – see your phonebook for your nearest bureau or search online at:

www.citizensadvice.org.uk (England and Wales)

www.cas.org.uk (Scotland)

mailto:[email protected]

http://www.direct.gov.uk/disability-money

http://www.dsdni.gov.uk/ssa

http://www.citizensadvice.org.uk/

http://www.cas.org.uk/


www.citizensadvice.co.uk (Northern Ireland)

Alternatively, you can use the Citizens Advice online advice guide at www.adviceguide.org.uk

Directgov

A government website providing information about benefits and allowances. You can also find

details of your local Jobcentre Plus office.

www.direct.gov.uk/disabledpeople

Disability Rights UK

Provides a range of information about benefits.

12 City Forum, 250 City Road, London EC1V 8AF

Telephone 020 7250 3222 Fax 020 7247 8765

[email protected] www.disabilityrightsuk.org

Jobcentre Plus

Jobcentre Plus expects most people to get in touch by phone. If you have difficulty using the

phone because of your hearing loss, your local Jobcentre Plus office should offer you an

appointment or home visit instead. Visit www.direct.gov.uk for details of your nearest office.

Law Centres

Provide free legal advice, casework and representation to individuals and groups. All Law

Centres specialise in social welfare law. You can find details of your local Law Centre from the

Law Centres Network.

www.lawcentres.org.uk

Pension Service

Provides advice about benefits and allowances for people of retirement age.


www.direct.gov.uk/en/pensionsandretirementplanning/index.htm Further information from Action on Hearing Loss

We have a wide range of factsheets and leaflets on many aspects of hearing loss and tinnitus.

Contact our helpline (see front page) to find out more and to order free copies. Alternatively, you

can download our factsheets and leaflets for free at www.actiononhearingloss.org.uk/factsheets

Acknowledgement

With thanks to Rundip Thind from Disability Rights UK for checking and editing this factsheet.

http://www.citizensadvice.co.uk/

http://www.adviceguide.org.uk/

http://www.direct.gov.uk/disabledpeople


http://www.disabilityrightsuk.org/

http://www.direct.gov.uk/

http://www.lawcentres.org.uk/

http://www.actiononhearingloss.org.uk/factsheets


We welcome your feedback

If you have any comments or suggestions relating to this factsheet, please email

[email protected]

Action on Hearing Loss Information, October 2012

This information will be reviewed and updated in October 2013

The Royal National Institute for Deaf People. Registered Office: 19-23 Featherstone Street, London EC1Y 8SL.

A company limited by guarantee registered in England and Wales No. 454169, Registered Charity Numbers 207720 (England and Wales) and

SC038926 (Scotland).


http://www.charitycommission.gov.uk/ShowCharity/RegisterOfCharities/CharityWithPartB.aspx?RegisteredCharityNumber=207720

http://www.oscr.org.uk/CharityIndexDetails.aspx?id=SC038926

industrial injuries disablement benefit october 2012

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