The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2024

Draft 2024, ISBN 9780348256185

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 2024

The Secretary of State for Work and Pensions makes these 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) of the Child Maintenance and Other Payments Act 2008^f2, 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, application and extent
2Amendment of the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
Signature
Explanatory note

1Citation, commencement, application and extent

(1)

These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2024 and come into force on 1st April 2024.

(2)

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

(a)

first diagnosed with diffuse mesothelioma on or after 1st April 2024; 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 2024.

(3)

Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2024 and who, immediately before their death, had diffuse mesothelioma.

(4)

These Regulations extend to England and Wales and Scotland.

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 (together with the headings to the Table) 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 or under 114,210
38 111,989
39 109,774
40 107,558
41 105,337
42 103,120
43 102,015
44 100,899
45 99,794
46 98,684
47 97,575
48 94,476
49 91,373
50 88,262
51 85,162
52 82,048
53 79,833
54 77,619
55 75,406
56 73,177
57 70,960
58 65,197
59 59,428
60 53,670
61 47,902
62 42,137
63 38,588
64 35,035
65 31,493
66 27,943
67 24,395
68 23,672
69 22,947
70 22,234
71 21,513
72 20,795
73 20,181
74 19,556
75 18,957
76 18,356
77 or over 17,745

”;

Age of person with mesothelioma at first diagnosis or, if unknown, date of claim	Payment £
37 or under	114,210
38	111,989
39	109,774
40	107,558
41	105,337
42	103,120
43	102,015
44	100,899
45	99,794
46	98,684
47	97,575
48	94,476
49	91,373
50	88,262
51	85,162
52	82,048
53	79,833
54	77,619
55	75,406
56	73,177
57	70,960
58	65,197
59	59,428
60	53,670
61	47,902
62	42,137
63	38,588
64	35,035
65	31,493
66	27,943
67	24,395
68	23,672
69	22,947
70	22,234
71	21,513
72	20,795
73	20,181
74	19,556
75	18,957
76	18,356
77 or over	17,745

(b)

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 59,436
38 58,159
39 56,884
40 55,609
41 54,334
42 53,060
43 51,839
44 50,608
45 49,396
46 48,177
47 46,960
48 45,464
49 43,963
50 42,468
51 40,976
52 39,479
53 38,253
54 37,038
55 35,818
56 34,590
57 33,374
58 29,999
59 26,611
60 23,233
61 19,850
62 16,463
63 15,497
64 14,538
65 13,554
66 12,586
67 or over 9,840

”.

Age of person with mesothelioma at death	Payment £
37 or under	59,436
38	58,159
39	56,884
40	55,609
41	54,334
42	53,060
43	51,839
44	50,608
45	49,396
46	48,177
47	46,960
48	45,464
49	43,963
50	42,468
51	40,976
52	39,479
53	38,253
54	37,038
55	35,818
56	34,590
57	33,374
58	29,999
59	26,611
60	23,233
61	19,850
62	16,463
63	15,497
64	14,538
65	13,554
66	12,586
67 or over	9,840

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 6.7 per cent in each case, rounded up or down to the nearest £1 as appropriate.

The amendments made by these Regulations will apply in respect of a claim—

by a person who was first diagnosed with diffuse mesothelioma on or after 1st April 2024,
made on or after 1st April 2024 by a person with diffuse mesothelioma where the date of diagnosis is unknown, or
by a dependant of a person who died on or after 1st April 2024 and who, immediately before their death, had diffuse mesothelioma.

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.