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Industrial Diseases: Compensation

Volume 457: debated on Wednesday 7 March 2007

To ask the Secretary of State for Trade and Industry what advice he has given on probate matters to claimants for deceased mineworkers. (124066)

[holding answer 28 February 2007]: Probate advice to claimants is, of course, the responsibility of their representatives. The CHA requires the provision of valid probate documentation before a payment will be made. This ensures that the Department makes valid payments to the correct claimant.

Occasionally, if requested, the Department will provide standard publicly available information on probate matters in relation to the Schemes.

To ask the Secretary of State for Trade and Industry how many miners' compensation cases are in dispute because of probate issues. (124067)

[holding answer 28 February 2007]: To date no miners’ compensation cases have progressed to formal dispute because of probate issues.

To ask the Secretary of State for Trade and Industry how many deceased miners’ claims have been accepted as valid but not paid because of probate proceedings. (124068)

[holding answer 28 February 2007]: The Department is not aware of any claims that have not been paid due to probate proceedings.

As at 26 February 2007, 3,214 Chronic Obstructive Pulmonary Disease full and final offers are still outstanding and are awaiting receipt of the relevant probate documentation.

In addition, under the Deceased Operational Risk Offer Scheme 11,128 acceptances have been received to date and have qualified in all categories, save for the receipt of Probate or Form of Indemnities.

There are also 79 Vibration White Finger full and final offers which remain outstanding whilst the appropriate probate documentation is received.

To ask the Secretary of State for Trade and Industry how many miners’ compensation cases were accepted by his Department as valid claims but subsequently dropped because of probate disputes. (124099)

[holding answer 28 February 2007]: No claims have been dropped by Capita, the Department’s claims handler, because of probate disputes. All claims “struck out” to date have either been withdrawn by the Claimant’s representative or because they failed to meet cut-offs or failed for other reasons.

It is not usual for the Claimant’s representative to attempt to obtain probate until they have had a confirmed acceptance of liability.