Child Maintenance and Other Payments Act 2008

Child Maintenance and Other Payments Act 2008

2008 CHAPTER 6

Commentary on Sections

Part 4 – Lump Sum Payments: Mesothelioma etc.

Mesothelioma lump sum payments

Section 47: Conditions of entitlement

398. Section 47 sets out the conditions that must be satisfied by persons with mesothelioma, and by a dependant of a person who, immediately before their death, suffered from mesothelioma in order for a lump sum payment to be made.

399. Subsection (1)(a) provides that to be entitled to a lump sum payment a person with mesothelioma must not have already received a payment in respect of mesothelioma contained in the provisions of subsection (3).

400. Subsection (1)(b) provides that to be entitled to a lump sum payment a person must not be eligible, in respect of mesothelioma, for a payment of a type prescribed by regulations.

401. Subsection (1)(c) provides that there may be a requirement for the person to have links with the United Kingdom. Any links would be prescribed by regulations.

402. Subsection (2)(a) provides that for a dependant of a deceased person who suffered from mesothelioma immediately before their death to be entitled to a lump sum payment, neither they, nor the deceased person with mesothelioma, nor the deceased person’s estate, nor any other dependant, must have already received a payment in respect of mesothelioma contained in the provisions of subsection (3).

403. Subsection (2)(b) provides that for a dependent of a deceased person who suffered from mesothelioma immediately before their death to be entitled to a lump sum payment, neither they, nor the deceased person with mesothelioma, must be eligible, in respect of mesothelioma, for a payment of a type prescribed by regulations.

404. Subsection (2)(c) provides that there may be a requirement for the deceased person to have links with the United Kingdom. Any links would be prescribed by regulations.

405. Subsection (3) provides that the payments mentioned in subsections (1)(a)and (2)(a) are: a payment under this Part, a payment under corresponding Northern Ireland provisions, a payment under the 1979 Act, an extra-statutory payment for mesothelioma after making a claim under that Act, or a payment of a type prescribed by regulations.

406. Subsection (4) provides that a payment under this Part, a payment under corresponding Northern Ireland provisions, a payment under the 1979 Act, an extra-statutory payment for mesothelioma after making a claim under that Act, or a payment of a type prescribed by regulations, will not disqualify a person from receiving a mesothelioma lump sum payment if that payment was made in consequence of a misrepresentation or failure to disclose material facts (whether fraudulently or otherwise), and an obligation to repay it has arisen under section 49 of this Part or section 5 of the 1979 Act or for some other reason.

407. Subsection (5) defines an extra-statutory payment as a payment made by the Secretary of State when a claim has been rejected under the 1979 Act (by cross reference to the definition in the section inserted by section 54).