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

Consolidated Text As Enacted Cited authorities 17 Cited in Related
Vincent
Year2008

2008 No. 1963

Social Security

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

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 19791and sections 46(3) and 47 of the Child Maintenance and Other Payments Act 20082makes 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.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(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.

S-2 Disqualifying payments

Disqualifying payments

2.—(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)

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 20063;

(b)

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 20054;

(c)

(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 19695;

(d)

(d) payment under the UK Asbestos Trust established on 10th October 2006, for the benefit of certain persons suffering from asbestos-related diseases;

(e)

(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)

(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;

(b)

(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.

S-3 Disregarded payments

Disregarded payments

3. 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).

S-4 Presence in the United Kingdom

Presence in the United Kingdom

4.—(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.

S-5 Amount of lump sum payment

Amount of lump sum payment

5.—(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)

(a) the age at which the person was first diagnosed with mesothelioma; or

(b)

(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.

S-6 Amendment of Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

Amendment of Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 1988

6. At the end of regulation 3 of the Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) Regulations 19886(payments to persons disabled by disease), add—

S-5

“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.”.

William D McKenzie

Parliamentary Under-Secretary of State,

Department for Work and Pensions

17th July 2008

SCHEDULE

Regulation 5

SCHEDULE

Table 1

Amount of lump sum payment to person with mesothelioma

Age of person with mesothelioma at diagnosis, or, if unknown, at date of claim

Payment

£

37 and under

52,772

38

51,747

39

50,722

40

49,698

41

48,673

42

47,648

43

47,137

44

46,621

45

46,112

46

45,599

47

45,086

48

43,653

49

42,219

50

40,781

51

39,349

52

37,911

53

36,888

54

35,864

55

34,841

56

33,812

57

32,789

58

30,125

59

27,460

60

24,799

61

22,133

62

19,469

63

17,829

64

16,189

65

14,551

66

12,911

67

11,272

68

10,939

69

10,604

70

10,273

71

9,941

72

9,608

73

9,325

74

9,037

75

8,759

76

8,480

77 and over

8,197

Table 2

Amount of lump sum payment to dependent

Age of person with mesothelioma at death

Payment

£

37 and under

23,953

38

23,362

39

22,774

40

22,185

41

21,595

42

21,007

43

20,444

44

19,874

45

19,313

46

18,751

47

18,189

48

17,496

49

16,804

50

16,112

51

15,423

52

14,732

53

14,165

54

13,603

55

13,039

56

12,473

57

11,911

58

10,351

59

8,787

60

7,226

61

5,662

62

4,098

63

3,651

64

3,207

65

2,752

66

2,306

67 and over

1,859

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...

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