The 1979 Pneumoconiosis Act lump sum
The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 set up a one-off, tax-free, government lump-sum payment for people with prescribed industrial dust diseases — including diffuse mesothelioma — whose exposure was through employment but who can’t recover ordinary civil damages from the employer who exposed them. It is a safety net, separate from IIDB, and it doesn’t depend on means, savings or current work. (One small note: throughout these scheme chapters, ‘dependant’ is the statutory term for a spouse, civil partner, child or other person who relied on the patient. We use it because the forms use it.)
Who can claim.
- You were employed in the work that caused the exposure (self-employed and para-occupational cases route through the 2008 scheme in chapter 6.9, not this one).
- You have an IIDB award for diffuse mesothelioma (chapter 6.5), or one is in payment to a dependant after death.
- You haven’t already received damages from the employer or its insurer for the disease, whether by court order or settlement.
- There is no realistic prospect of damages— usually because the employer has stopped trading and no insurer can be traced, or the limitation period for a civil claim has expired and can’t be extended.
What you get. A single lump sum, set on a sliding scale: the younger the patient was at diagnosis, the higher the payment, reflecting the years of life and earnings the disease takes. Patient awards are higher than dependant awards and use a slightly different table. The full set of tables is uprated each April and is on gov.uk.
The deadlines. A patient claim must reach the DWP within twelve monthsof the IIDB decision letter. A dependant’s claim must reach the DWP within twelve months of the death. Miss either window and the claim is usually refused. Specialist solicitors and Asbestos Support Groups know these clocks well; please don’t leave the timing to chance.
How to claim. The same DWP team handles the 1979 Act and the 2008 Scheme (chapter 6.9); they use the same claim form (PWC1) with a tick-box for which scheme applies. Ring the dust-disease lump-sum line on 0800 279 2322and ask for a PWC1 claim pack, or your solicitor or local Asbestos Support Group can do it for you. (The IIDB helpline, 0800 121 8379, handles the underlying IIDB award — not the lump-sum form.)
Interaction with a civil claim.If, later, a civil claim succeeds, the Compensation Recovery Unit will normally claw back the lump sum from the civil settlement, so you don’t end up paid twice for the same loss. That isn’t a reason to delay: claiming now puts the money in the family’s hands faster, and the offset is handled by your solicitor at the end.