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Mesothelioma, etc., Act (Northern Ireland) 2008

Mesothelioma lump sum payments

Section 2: Conditions of entitlement

Section 2 sets out the conditions that must be satisfied by persons with diffuse mesothelioma, and by a dependant of a person who, immediately before their death, suffered from diffuse mesothelioma in order for a lump sum payment to be made.

Subsection (1)(a) provides that to be entitled to a lump sum payment a person with diffuse mesothelioma must not have already received a payment in respect of diffuse mesothelioma as set out in subsection (3).

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

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.

Subsection (2)(a) provides that a dependant will not be entitled to a lump sum payment, if the dependant, the deceased person, the deceased person’s estate or any other dependant, has already received a payment in respect of diffuse mesothelioma as set out in subsection (3).

Subsection (2)(b) provides that a dependant will not be entitled to a lump sum payment, if the dependant or the deceased person is or was eligible, in respect of diffuse mesothelioma, for a payment of a type prescribed by regulations.

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.

Subsection (3) provides that the payments mentioned in subsections (1)(a) and (2)(a) are—

  • a payment under this Bill;

  • a payment under Part 4 of the corresponding Westminster provision;

  • a payment under the 1979 Order or the corresponding Great Britain provision;

  • an extra-statutory payment made following the rejection of a claim made under the 1979 Order; or

  • a payment of a type prescribed by regulations.

Subsection (4) provides that—

  • a payment under section 4;

  • a payment under the corresponding Westminster provision;

  • a payment under the 1979 Order or the corresponding Great Britain provision;

  • an extra-statutory payment made following the rejection of a claim made under the 1979 Order; or

  • a payment of a type prescribed by regulations,

will not disqualify a person from receiving a lump sum payment if that payment was or is liable to be, repaid.

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Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

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