Paragraph 12 I1

After Article 10 insert—

“Reduction of payment under Diffuse Mesothelioma Payment Scheme

10A

(1)

This Article applies instead of Article 10 in a case where the compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme.

(2)

The gross amount of the compensation payment—

(a)

is to be reduced by the amount of the recoverable benefit, and

(b)

accordingly, is to be reduced to nil in any case where the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment.

(3)

Any claim of a person to receive the compensation payment is to be treated for all purposes as discharged if—

(a)

the person is paid the gross amount of the compensation payment less the amount of the recoverable benefit, or

(b)

the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment and the person is given a statement by the scheme administrator saying that the compensation payment has been reduced to nil.”