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The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021 No. 270

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

2021 No. XXXX

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021

Made

***

Coming into force

1st April 2021

The Secretary of State for Work and Pensions makes the following 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)(2) of the Child Maintenance and Other Payments Act 2008, a draft of this instrument was laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and application

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021 and come into force on 1st April 2021.

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

(a)first diagnosed with diffuse mesothelioma on or after 1st April 2021; 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 2021.

(3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2021 and who, immediately before their death, had diffuse mesothelioma.

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 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 under94,296
3892,463
3990,633
4088,804
4186,971
4285,140
4384,227
4483,306
4582,394
4681,477
4780,562
4878,003
4975,440
5072,873
5170,312
5267,742
5365,913
5464,085
5562,258
5660,418
5758,587
5853,829
5949,066
6044,312
6139,550
6234,790
6331,859
6428,926
6526,001
6623,071
6720,142
6819,545
6918,946
7018,357
7117,761
7217,169
7316,662
7416,146
7515,652
7615,155
77 or over14,651;

(b)for Table 2 substitute—

Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 or under49,073
3848,018
3946,965
4045,913
4144,860
4243,808
4342,800
4441,784
4540,783
4639,777
4738,772
4837,536
4936,297
5035,063
5133,831
5232,596
5331,583
5430,580
5529,573
5628,559
5727,555
5824,768
5921,971
6019,182
6116,389
6213,593
6312,795
6412,003
6511,191
6610,392
67 or over8,124.

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

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.

(2)

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

(3)

S.I. 2008/1963; S.I. 2020/244 is the relevant amending instrument.

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