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

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.

Draft Statutory Instruments

2024 No.

SOCIAL SECURITY

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

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(1).

In accordance with section 53(3) of the Child Maintenance and Other Payments Act 2008(2), a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement, application and extent

1.—(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.

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

2.  In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008(3)—

(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”;

(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”.

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.

(1)

2008 c. 6.

(2)

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

(3)

S.I. 2008/1963. S.I. 2023/373 is the relevant amending instrument.