# The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

S.I. 2008/1963 · made 17 July 2008 · revised to 31 October 2026

These Regulations provide for a lump sum payment under section 46 of the Child Maintenance and Other Payments Act 2008 to a person with diffuse mesothelioma (mesothelioma) or the person's dependant.

PDFs: Printed copy https://openlegislation.uk/mesothelioma-lump-sum-payments-conditions-and-amounts-regulations-2008/pdf/uksi_20081963_en.pdf; Explanatory Memorandum https://openlegislation.uk/mesothelioma-lump-sum-payments-conditions-and-amounts-regulations-2008/pdf/uksiem_20081963_en.pdf; Revised version (30 November 2014) https://openlegislation.uk/mesothelioma-lump-sum-payments-conditions-and-amounts-regulations-2008/pdf/uksi_20081963_301114_en.pdf

## Introductory text

Social Security
Made 17th July 2008
Coming into force 1st October 2008
The Secretary of State for Work and Pensions in exercise of the powers conferred by section 1(1) of the Pneumoconiosis etc. (Workers' Compensation) Act 1979 and sections 46(3) and 47 of the Child Maintenance and Other Payments Act 2008 makes the following Regulations.
In accordance with section 7(3) of the Pneumoconiosis etc. (Worker's Compensation) Act 1979 and section 53(3) of the Child Maintenance and Other Payments Act 2008 and (these being the first Regulations made under section 47 of that Act) section 53(4) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

## 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008.
(2) These Regulations shall come into force on 1st October 2008.
(3) In these Regulations—
“the Act” means the Child Maintenance and Other Payments Act 2008;
“claim” means a claim under section 46(1) of the Act;
“deceased” means a person who, immediately before death, had diffuse mesothelioma;
“mesothelioma” means diffuse mesothelioma;
“payment” includes a payment in money or money's worth or in kind.

## 2 Disqualifying payments

(1) The following payments are prescribed for the purposes of section 47(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of diffuse mesothelioma, prevent the conditions provided for in section 47(1)(a) and (2)(a) from being fulfilled)—
(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 ;
(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;
(c) payment from any government department, authority, body corporate or employer exempted from insurance by or under section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969 or Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972.
(d) payment under the UK Asbestos Trust established on 10th October 2006, for the benefit of certain persons suffering from asbestos-related diseases;
(e) payment under the EL Scheme Trust established on 23rd November 2006, for the benefit of certain persons suffering from asbestos-related diseases.
(2) The following payments are prescribed for the purposes of section 47(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 47(1)(b) or (2)(b) from being fulfilled)—
(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

## 3 Disregarded payments

A payment made in error and which in consequence is liable to be repaid in accordance with a statutory provision or rule of law, is to be disregarded for the purpose of section 47(1)(a) or (2)(a) of the Act (conditions of entitlement).

## 4 Presence in the United Kingdom

(1) In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.
(2) In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.

## 5 Amount of lump sum payment

(1) The amount of a payment made under section 46(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.
(2) In Table 1 of the Schedule, the reference to the age of the person is a reference to—
(a) the age at which the person was first diagnosed with mesothelioma; or
(b) where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.
(3) The amount of a payment made under section 46(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.
(4) In Table 2 of the Schedule, the reference to the age of the person with mesothelioma is a reference to the age of that person at death.

## 5A Payment to personal representatives

(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.

## 6 Amendment of Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988

At the end of regulation 3 of the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (payments to persons disabled by disease), add—
“(5) Where—
(a) a payment is made to a person under section 46 of the Child Maintenance and Other Payments Act 2008 (the mesothelioma payment) in respect of diffuse mesothelioma,
(b) subsequently it is determined that the same person is entitled to a payment under section 1(1) of the Act in respect of the same diffuse mesothelioma,
the amount payable under paragraph (1) shall be reduced by the amount of the mesothelioma payment.”.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
William D McKenzie
Parliamentary Under-Secretary of State,
Department for Work and Pensions

## 

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
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;
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

## Explanatory note

(This note is not part of the Regulations)
These Regulations provide for a lump sum payment under section 46 of the Child Maintenance and Other Payments Act 2008 to a person with diffuse mesothelioma (mesothelioma) or the person's dependant.
Regulation 2 specifies certain payments, eligibility or receipt of which disqualifies from a lump sum payment.
Regulation 3 prevents disqualification for payments which are liable to be repaid.
Regulation 4 requires that the person with mesothelioma was in the United Kingdom during his or her exposure to asbestos.
Regulation 5 and the Schedule set out the amounts payable to a person with mesothelioma or a dependant, based on the age of the person with mesothelioma.
Regulation 6 amends the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 so that certain payments under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 are reduced by the amount of a payment for mesothelioma.
A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.

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Source: https://www.legislation.gov.uk/uksi/2008/1963 (the official version)
Page: https://openlegislation.uk/mesothelioma-lump-sum-payments-conditions-and-amounts-regulations-2008
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.