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JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
INDUSTRIAL DISABLEMENT BENEFIT AND REDUCED EARNINGS ALLOWANCE
This article is about backpay for industrial disablement benefit and reduced earnings allowance.
Following new legislation introduced by the government, the backdating is restricted to 3 months.
There is a legal argument against this restriction.
If you suffer from an industrial disease or have an industrial accident you may qualify for
disablement benefit. If the accident or the start of the disease was before 1st October 1990
and you had to give up the job that you were doing at the time then you may also qualify for
Reduced Earnings allowance(REA), which is currently paid at a maximum of £41.88 per week.
BACKDATING RESTRICTION
The new legislation means that any claims now made will be restricted to 3 months backdating
for disablement benefit or reduced earnings allowance. I have however recently challenged the
validity of the new regulations and have been successful at a tribunal in getting a decision
that the new legislation was ultra vires. This means that the Secretary of State for Social
Security who introduced the legislation did not have the power to do so. The DSS have appealed
the decisions.
WHAT DOES IT MEAN
It would mean that any restriction beyond 3 months would be unlawful. If you had a 3 month limit
put on your claim for disablement benefit or reduced earnings allowance then you should seek advice
on how to challenge the decision. There is potentially tens of thousands of pounds that may have
been unlawfully held by the DSS.
DSS APPEALS TO THE COMMISSIONERS
The DSS have appealed to the commissioners against the successful decisions. This means that the
cases will now be dealt with in London. If the DSS fail in the applications to have the decisions
overturned then all backpay can be awarded.
WHAT SHOULD I DO
If you have been subject to the limitation described than you should ensure that you get advice to
resurrect your case if it is beyond the 3 month time limit. If the decision was in the last 3 months
then you should appeal. It is important at this stage to get advice or assistance.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO:
(ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
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