The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008
| Jurisdiction | UK Non-devolved |
| Citation | SI 2008/1963 |
(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—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) . (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.(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.the age at which the person was first diagnosed with mesothelioma; orwhere 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.At the end of regulation 3 of the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (payments to persons disabled by disease) , add— 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,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,(Table 1) Amount of lump sum payment to person with mesothelioma
- “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.
- (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.
| Age of person with mesothelioma at first diagnosis or, if unknown, date of claim | Payment£ |
| 37 or under | 97,219 |
| 38 | 95,329 |
| 39 | 93,443 |
| 40 | 91,557 |
| 41 | 89,667 |
| 42 | 87,779 |
| 43 | 86,838 |
| 44 | 85,888 |
| 45 | 84,948 |
| 46 | 84,003 |
| 47 | 83,059 |
| 48 | 80,421 |
| 49 | 77,779 |
| 50 | 75,132 |
| 51 | 72,492 |
| 52 | 69,842 |
| 53 | 67,956 |
| 54 | 66,072 |
| 55 | 64,188 |
| 56 | 62,291 |
| 57 | 60,403 |
| 58 | 55,498 |
| 59 | 50,587 |
| 60 | 45,686 |
| 61 | 40,776 |
| 62 | 35,868 |
| 63 | 32,847 |
| 64 | 29,823 |
| 65 | 26,807 |
| 66 | 23,786 |
| 67 | 20,766 |
| 68 | 20,151 |
| 69 | 19,533 |
| 70 | 18,926 |
| 71 | 18,312 |
| 72 | 17,701 |
| 73 | 17,179 |
| 74 | 16,647 |
| 75 | 16,137 |
| 76 | 15,625 |
| 77 or over | 15,105 |
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