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

Draft 2026, ISBN 9780348286595

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.

Made under: Child Maintenance and Other Payments Act 2008 (Section 46, Section 53)

PDFs: Printed copy https://openlegislation.uk/draft-mesothelioma-lump-sum-payments-conditions-and-amounts-amendment-no-2-regulations-2026/pdf/ukdsi_9780348286595_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-mesothelioma-lump-sum-payments-conditions-and-amounts-amendment-no-2-regulations-2026/pdf/ukdsiem_9780348286595_en_001.pdf

## Introductory text

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 2008 (“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.

## 1 Citation, 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.

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

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

## 3 Insertion 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.”.

## 4 Amendment 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 death
Payment £
37 or under
120,566
38
118,221
39
115,882
40
113,543
41
111,199
42
108,858
43
107,691
44
106,513
45
105,347
46
104,176
47
103,005
48
99,733
49
96,457
50
93,173
51
89,901
52
86,614
53
84,275
54
81,939
55
79,602
56
77,249
57
74,908
58
68,825
59
62,735
60
56,656
61
50,567
62
44,481
63
40,735
64
36,985
65
33,245
66
29,498
67
25,753
68
24,989
69
24,224
70
23,471
71
22,710
72
21,953
73
21,304
74
20,644
75
20,012
76
19,377
77 or over
18,733
”.

## 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.

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Source: https://www.legislation.gov.uk/ukdsi/2026/9780348286595 (the official version)
Page: https://openlegislation.uk/draft-mesothelioma-lump-sum-payments-conditions-and-amounts-amendment-no-2-regulations-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.