Industrial Death Benefit
- Conditions of entitlement
- How you are paid
- If you disagree with the decision
- If your circumstances change
Conditions of entitlement
Industrial Death Benefit (IDB) is a benefit payable to the widow or widower and children of a person working as an employed earner who died as a result of an industrial accident or prescribed disease. The death must have been before 11 April 1988. [Legislation (96)]
For deaths before 11 April 1988, the widow is entitled to Industrial Death Benefit if when her husband died she was:
- residing with him
- or receiving from him directly, or through another person, periodical payments for her maintenance provided or procured by the deceased, amounting on average to not less than 25p per week [Legislation (97)]
- or entitled to payments such as those above under an order of court, a trust or an agreement, which she had taken reasonable steps to enforce. [Legislation (98)]
If the qualifying conditions are satisfied, the rate payable is decided on individual circumstances.The personal rates of benefit payable are:
- initial rate (first 26 weeks after death)
- higher permanent rate
- lower permanent rate. [Legislation (98)]
The widower is entitled to industrial Death Benefit if when his wife died he was:
- being wholly or mainly maintained by her or would have been if the relevant accident or disease had not happened, and
- permanently incapable of supporting himself. [Legislation (99)]
If the qualifying conditions are satisfied the rate payable is at the higher permanent level.
Additional entitlement
There may also be an entitlement to payment of
- Child Increase or Children Increases [Legislation (100)]
- Christmas Bonus [Legislation (101)]
- Age 80 addition. [Legislation (102)]
Entitlement to Industrial Death Benefit for a child is linked to both:
- the deceased’s entitlement to Child Benefit (CHB)
- and the entitlement of the person now claiming money for them. [Legislation (103)]
Industrial Death Benefit is taxable but increases of Industrial Death Benefit for children are not taxable.
How you are paid
Our policy is to pay all benefits directly into an account.
This is the safest way to pay you and lets you choose how and when you get your money. You can use a bank or building society.
You may be able to use a cash machine, which will usually mean you can get your money at any time of the day or night.
There are arrangements with banks and building societies so that you can collect cash from some of their accounts at your Post Office® branch.
The Post Office® also provides a bank account that we can pay benefits into.
With this account you can only collect your money in cash from Post Office® branches.
The other advantages of having your money paid into an account are:
- you can get your money from many different places
- from some accounts you could have regular bills paid. This could save you money but you will need to make sure that there is enough money in your account to pay the bills. If not, you may be charged a fee
- using an account may help you save.
The account can be:
- in your name, or
- in the name of the person acting on your behalf, or
- in the names of both yourself and the person acting on your behalf.
Benefit is paid either every 4 weeks, every 13 weeks or every week.
If you have a bank or building society account but you do not wish to use it, for example a joint account, any bank or building society will help you open an account that suits you better. Remember to ask whether their accounts allow you to get your money from the Post Office®, if this is important to you.
Basic bank account
If you have had problems openinga current account, or if you are worried about being overdrawn, you could ask any bank or building society about opening a basic bank account.
These are sometimes called introductory or starter accounts and are available from all major banks.
These accounts offer free banking but overdrafts are not available.
You can use these accounts to pay money in, pay bills automatically and get cash out.
Many basic bank accounts also allow you to get cash from Post Offices®.
Post Office® card account
This is a simple bank account that can only have benefit/pension/allowance/credit payments paid into it.
You can only collect payment from it in cash at a Post Office® branch.
You will not have a cheque book and cannot withdraw money at a cashmachine.
You will not be able to run up an overdraft, pay bills by Direct Debit or Standing Order, or have your salary or any other money paid in.
The account can only be in your name.
You may be able to arrange with the Post Office® for someone else to collect your benefit regularly from this account.
If you disagree with the decision
Although the NI260 DMA does not specifically mention Industrial Death Benefit, the generic procedures for dealing with disputes, supersessions and appeals apply.
If your circumstances change
Industrial Death Benefit for a widow is usually a pension payable for life following the deceased’s death. It is not payable:
- if you remarry or form a civil partnership [Legislation (104)]
- or for any period when you and a man you are not married to are living together as husband and wife [Legislation (105)]
- or if you are in prison. [Legislation (106)]
If any of the above apply you must tell the Industrial Death Benefit section at the Industrial Injuries Unit straight away.