The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020

Draft 2020, ISBN 9780111192320

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 16 January 2020 and published on 16 January 2020 (ISBN 978-0-11-119212-2). It is being issued free of charge to all known recipients of that draft Statutory Instrument.

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

Social Security

Made ***

Coming into force 1st April 2020

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 46(3) and 53(1) and (2)(b) of the Child Maintenance and Other Payments Act 2008^f1.

In accordance with section 53(3)^f2 of the Child Maintenance and Other Payments Act 2008, a draft of this instrument was laid before, and approved by, a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1: 2008 c. 6.
f2: Section 53 was amended by the Welfare Reform Act 2012 (c. 5), Schedule 11, paragraph 18.

1Citation, commencement and application
2Amendment of the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
Signature
Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2020 and come into force on 1st April 2020.

(2)

Regulation 2(a) applies only in relation to a person—

(a)

first diagnosed with diffuse mesothelioma on or after 1st April 2020; or

(b)

where the date of the first diagnosis with diffuse mesothelioma is unknown, if a claim under section 46(1) of the Child Maintenance and Other Payments Act 2008 is made by that person on or after 1st April 2020.

(3)

Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2020 and who, immediately before their death, had diffuse mesothelioma.

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

In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008^f1—

(a)

for Table 1 substitute—

“

Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at first diagnosis or, if unknown, date of claim
Payment

£

37 and under 93,827
38 92,003
39 90,182
40 88,362
41 86,538
42 84,716
43 83,808
44 82,892
45 81,984
46 81,072
47 80,161
48 77,615
49 75,065
50 72,510
51 69,962
52 67,405
53 65,585
54 63,766
55 61,948
56 60,117
57 58,296
58 53,561
59 48,822
60 44,092
61 39,353
62 34,617
63 31,700
64 28,782
65 25,872
66 22,956
67 20,042
68 19,448
69 18,852
70 18,266
71 17,673
72 17,084
73 16,579
74 16,066
75 15,574
76 15,080
77 and over 14,578

”;

Age of person with mesothelioma at first diagnosis or, if unknown, date of claim	Payment £
37 and under	93,827
38	92,003
39	90,182
40	88,362
41	86,538
42	84,716
43	83,808
44	82,892
45	81,984
46	81,072
47	80,161
48	77,615
49	75,065
50	72,510
51	69,962
52	67,405
53	65,585
54	63,766
55	61,948
56	60,117
57	58,296
58	53,561
59	48,822
60	44,092
61	39,353
62	34,617
63	31,700
64	28,782
65	25,872
66	22,956
67	20,042
68	19,448
69	18,852
70	18,266
71	17,673
72	17,084
73	16,579
74	16,066
75	15,574
76	15,080
77 and over	14,578

(b)

for Table 2 substitute—

“

Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death
Payment

£

37 and under 48,829
38 47,779
39 46,731
40 45,685
41 44,637
42 43,590
43 42,587
44 41,576
45 40,580
46 39,579
47 38,579
48 37,349
49 36,116
50 34,889
51 33,663
52 32,434
53 31,426
54 30,428
55 29,426
56 28,417
57 27,418
58 24,645
59 21,862
60 19,087
61 16,307
62 13,525
63 12,731
64 11,943
65 11,135
66 10,340
67 and over 8,084

”.

Age of person with mesothelioma at death	Payment £
37 and under	48,829
38	47,779
39	46,731
40	45,685
41	44,637
42	43,590
43	42,587
44	41,576
45	40,580
46	39,579
47	38,579
48	37,349
49	36,116
50	34,889
51	33,663
52	32,434
53	31,426
54	30,428
55	29,426
56	28,417
57	27,418
58	24,645
59	21,862
60	19,087
61	16,307
62	13,525
63	12,731
64	11,943
65	11,135
66	10,340
67 and over	8,084

Signature

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

Name

Minister of State

Department for Work and Pensions

Date

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 (S.I. 2008/1963) (“the 2008 Regulations”) by substituting revised tables of the amount of lump sum payments payable to people with diffuse mesothelioma or to their surviving dependants.

The substituted tables have the effect of increasing the amounts payable under the 2008 Regulations by 1.7 per cent in each case, rounded up or down to the nearest £1 as appropriate.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.