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Child Maintenance and Other Payments Act 2008


Proposed changes

58.The Act will enable a lump sum payment to be provided for those not eligible under the 1979 Act who:

  • Have been exposed to asbestos from a relative (for example, from their overalls);

  • Have been exposed to asbestos environmentally (for example, have lived near a factory using asbestos);

  • Are self-employed; or

  • Can not trace their specific exposure to asbestos but there is nothing to suggest that they were exposed elsewhere other than in the UK.

59.In effect, the proposed new scheme will mean that all sufferers of mesothelioma, as a result of exposure to asbestos, will be eligible for a payment regardless of their employment status, provided they have not already received a compensation payment through a civil claim or a payment under the 1979 Act or new scheme.

60.In addition, the Act introduces the ability to recover payments made under the 1979 Act or the new scheme, where a person then goes on to receive compensation in a civil claim.

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