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The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2019

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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 2019 No. 369

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

2019 No. XXXX

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2019

Made

***

Coming into force

1st April 2019

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 2019 and come into force on 1st April 2019.

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

(a)first diagnosed with diffuse mesothelioma on or after 1st April 2019; 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 2019.

(3) Regulation 2(b) applies only in relation to the dependent of a person who dies on or after 1st April 2019 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 and under92,259
3890,465
3988,675
4086,885
4185,091
4283,300
4382,407
4481,506
4580,614
4679,717
4778,821
4876,318
4973,810
5071,298
5168,793
5266,278
5364,489
5462,700
5560,912
5659,112
5757,322
5852,666
5948,006
6043,355
6138,695
6234,038
6331,170
6428,301
6525,440
6622,572
6719,707
6819,123
6918,537
7017,961
7117,378
7216,798
7316,302
7415,797
7515,314
7614,828
77 and over14,334;

(b)for Table 2 substitute—

Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 and under48,013
3846,980
3945,950
4044,921
4143,891
4242,861
4341,875
4440,881
4539,902
4638,917
4737,934
4836,725
4935,512
5034,306
5133,100
5231,892
5330,901
5429,919
5528,934
5627,942
5726,960
5824,233
5921,497
6018,768
6116,034
6213,299
6312,518
6411,743
6510,949
6610,167
67 and over7,949.

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 2.4 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. 2018/315 is the relevant amending instrument.

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