I too welcome the fact that the Government are increasing the value of compensation in line with inflation, even though they are not required to do so. I want to press the Minister on the problems that sufferers of asbestos-related diseases
have had while waiting for an assessment for industrial injuries disablement benefit, and I am grateful to him for touching on that point in his opening remarks.
Lots of people suffering from asbestos-related diseases receive IIDB, but eligibility under the provisions we are debating is dependent on whether the applicant has had an IIDB assessment. The Department for Work and Pensions has made the point—the Minister reiterated it today—that the nature of the assessments means that they cannot be carried out remotely. Following the Department’s decision to suspend face-to-face assessments during the pandemic, many claims have been delayed.
The Minister told the Select Committee that the backlog of IIDB claims had increased from a little over 2,000 in March last year up to 5,300 in November, and that the average age of each claim was 116 days. I wonder whether the Minister can update us on those figures. What is the current size of that backlog and the average age of claims? The Minister also told the Committee that the Department has started conducting paper-based assessments for some IIDB claims, and he mentioned that again this afternoon. I wonder whether he can tell us a bit more about how many have been completed, and what the impact has been on the size of the backlog.
The value of a claim for IIDB is reduced with the age of a claimant. There is a sliding scale up to the age of 77, and along that scale payments are reduced as a person gets older. The Minister has given an assurance that awards will be backdated to the date of the claim rather than the date of the determination to ensure that people whose claims were delayed do not have their award reduced. We asked the Secretary of State about that when she gave evidence last month, and the Committee heard from people whose compensation is still reflecting their age at the date of award, rather than at the date of the claim. The permanent secretary acknowledged at a meeting alongside the Secretary of State that at the moment
“the link to age applies to the point where the condition is assessed as opposed to the date of the claim.”
That is a problem.
Let me give one concrete example that was brought to our attention by the asbestos victims support group forum. The Greater Manchester support group helped a 71-year-old man with diffuse pleural thickening to apply for industrial injuries disablement benefit plus a 1979 Act payment. It helped him to make his claim on 21 January last year, but he was not awarded IIDB until 11 November, following a paper-based assessment. In the meantime he had turned 72, so his 1979 Act payment was £5,010, rather than £5,190. He lost £180 because no consideration was made for delays due to the pandemic. The support group makes a perfectly reasonable point:
“We believe it is unjust that victims of asbestosis and pleural thickening are further disadvantaged, having had to wait a considerable length of time for a procedure to be even put in place.”
In another example, a claimant whose date of birth is 2 July 1950 was visited by officials on 31 January 2020, so his application was made when he was 69. However, his workers compensation award letter was not issued until last December. It states his age at determination as 70—correctly, as that is how old he was by then—which entitled him to £5,378. If he had been paid before his birthday on 2 July, six months after he was visited and made his claim, he would have received £5,557. He has missed out on £179.
The Minister has made it clear that he does not intend claimants to suffer that penalty. In those cases, and others like them, what steps will be taken to put things right? How will the Department ensure that all claimants receive the correct amount of compensation, based on their age when they made their claim, rather than when their claim was determined?
When giving evidence to the Work and Pensions Committee, the permanent secretary promised to write to us on those points, but we have not yet had such a letter. The asbestos victims support groups forum confirmed this morning that it has had
“no information about what can be done for those victims who have lost out on compensation under the Pneumoconiosis etc (Workers Compensation Scheme) Act due to the delays.”
With publication of the Prime Minister’s road map out of lockdown, will the Minister confirm when he expects face-to-face IIDB assessments to resume? Has the Department found any solutions that would enable telephone-based assessments to take place instead? He mentioned those in his opening remarks. How long does he estimate that it will take to deal with the backlog that has arisen?
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