The rules on making a claim following an industrial disease

Q. I recently made a claim for Disablement Benefit for an industrial disease. I have received treatment including surgery but the DWP has stated the condition was not caused by my job. I don’t understand how the claim was unsuccessful, can I appeal the decision?

In order to answer your query in more detail it would be helpful to know some more about the condition/disease you claimed for and also how long have you had the health problems (not when the condition was medically diagnosed) that you think was caused by your job.

However, there are common rules that can apply for claims for these types of conditions which may explain why the claim failed.

With a number of industrial diseases the relevant regulations state that if a condition developed either during the employment period you think the disease developed or within 12 months of you leaving the job then there is a presumption the disease was caused by your job.

If the condition/disease developed after 12 months then you cannot rely on this presumption.

Please note this presumption does not apply to every disease under the scheme (hence why knowing the condition/ disease you made a claim for is important).

The presumption exists to eliminate other possible causes of the condition/disease of which there could be many.

Like any decision you are able to appeal subject to the usual time limits, within one month of the DWP’s decision to a tribunal.

I am due to start my Maternity Leave in two weeks, but my employer has told me that I have not worked there long enough to be paid Statutory Maternity Pay. Is there anything I can claim instead?

By the 15th week before your baby is due, you must have worked for your current employer for at least 26 weeks. If you have not met that criterion, then you may be able to claim Maternity Allowance instead. You must have been working and earning at least £30 per week in 26 out of the 66 weeks before your baby is due. Maternity Allowance is paid by the DWP and you would need to complete an MA1 form to apply.

Maternity Allowance is paid for 39 weeks and is 90% of your average wages – capped at £139.58 per week.