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The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348286595

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 53(3) of the Child Maintenance and Other Payments Act 2008 (c. 6), for approval by resolution of each House of Parliament.

SOCIAL SECURITY

Made ***

Coming into force 31st October 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 46(3), 53(1) and (2)(b) of the Child Maintenance and Other Payments Act 2008f1 (“the 2008 Act”).

In accordance with section 53(3) of the 2008 Act, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2008 c. 6. Section 53 was amended by paragraph 18 of Schedule 11 to the Welfare Reform Act 2012 (c. 5).

Contents

  1. 1Citation, commencement, application and extent
  2. 2Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
  3. 3Insertion of regulation 5A
  4. 4Amendment to the Schedule
  5. Signature
  6. Explanatory note

1Citation, commencement, application and extent

(1)

These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations 2026 and come into force on 31st October 2026.

(2)

Regulation 4 applies only in relation to the dependant of a person who dies on or after 31st October 2026 and who, immediately before their death, had diffuse mesothelioma.

(3)

These Regulations extend to England and Wales and Scotland.

2Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008f1 are amended in accordance with regulations 3 and 4.

3Insertion of regulation 5A

After regulation 5 (amount of lump sum payment) insert—

“Payment to personal representatives

5A
(1)

Where—

(a)

a claim is made, and

(b)

the person making the claim dies before payment is made,

payment must be made to the person’s personal representatives, subject to the condition in paragraph (2) having been met.

(2)

The condition is that any document that is by law sufficient evidence of the grant of—

(a)

probate of the will of the person,

(b)

letters of administration of the estate of the person, or

(c)

confirmation as executor of the person,

has been provided to the Secretary of State.”.

4Amendment to the Schedule

In the Schedule, for Table 2 (together with the headings to the Table) substitute—

“

Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at deathPayment £
37 or under120,566
38118,221
39115,882
40113,543
41111,199
42108,858
43107,691
44106,513
45105,347
46104,176
47103,005
4899,733
4996,457
5093,173
5189,901
5286,614
5384,275
5481,939
5579,602
5677,249
5774,908
5868,825
5962,735
6056,656
6150,567
6244,481
6340,735
6436,985
6533,245
6629,498
6725,753
6824,989
6924,224
7023,471
7122,710
7221,953
7321,304
7420,644
7520,012
7619,377
77 or over18,733

”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Department for Work and Pensions

Explanatory note

(This note is not part of the Regulations)

Under the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”), lump sum payments may be made to certain persons with diffuse mesothelioma or their dependants. The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 (S.I. 2008/1963) (“the 2008 Regulations”) set out the conditions to be met for a lump sum payment to be made, along with the rates of payment.

These Regulations amend the 2008 Regulations to:

  • bring the dependant rates of payment in line with the rates for persons with diffuse mesothelioma;

  • make it clear to whom payment can be made in the event the person making the claim dies before it is paid.

By virtue of regulation 1(2), the increased rates of pay for a dependant apply only in relation to a case where the sufferer dies on or after 31st October 2026.

A full impact assessment has not been produced as these Regulations concern financial assistance from the Department for Work and Pensions which is out of scope of the Better Regulation Framework.

An Explanatory Memorandum is available alongside these Regulations at www.legislation.gov.uk.