Recommendation 25

HM Government Rejected

The Department recognises that some customers will require support to make or maintain benefit claims. Where an Industrial Injuries Disablement Benefit (IIDB) claimant is unable to manage their own affairs because they are mentally incapable or severely disabled, a third party can apply to the Department to become an appointee. An appointee will then have responsibility for making the benefit claim and is permitted to sign a benefit claim form. Unlike Attendance Allowance (AA), there is no definition of ‘terminally ill’ within the legislation for IIDB, which is a compensatory, rather than an extra-costs, benefit. While there is legislative provision for third parties to make a claim on behalf of terminally ill AA claimants, there is no equivalent legislative provision within IIDB. However, there is an expedited routeway in place to support the Department’s most vulnerable IIDB claimants. Advantageous entitlement rules (the waiving of 90 day waiting periods and automatic right to 100% assessments) apply to eight prescribed diseases which have a poor prognosis. These entitlement rules follow recommendations made by the Industrial Injuries Advisory Council about the treatment of IIDB claimants with terminal cancers. Given appointee provision and the generous entitlement rules in place for the most vulnerable IIDB claimants, the Department considers that there is already appropriate provision in place for these customers.