The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

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

2017 No.

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2017

Made

2017

Coming into force

1st April 2017

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 Parliament and approved by 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 2017 and come into force on 1st April 2017.

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

(a) first diagnosed with diffuse mesothelioma on or after 1st April 2017; 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 2017.

(3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2017 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 under	87,473
38	85,772
39	84,075
40	82,378
41	80,677
42	78,979
43	78,132
44	77,278
45	76,432
46	75,582
47	74,732
48	72,358
49	69,981
50	67,599
51	65,224
52	62,840
53	61,144
54	59,447
55	57,751
56	56,046
57	54,349
58	49,934
59	45,516
60	41,106
61	36,687
62	32,272
63	29,552
64	26,833
65	24,120
66	21,401
67	18,684
68	18,131
69	17,576
70	17,029
71	16,477
72	15,926
73	15,456
74	14,978
75	14,519
76	14,058
77 and over	13,590”;

(b) for Table 2 substitute—

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death	Payment £
37 and under	45,522
38	44,543
39	43,566
40	42,590
41	41,614
42	40,637
43	39,703
44	38,760
45	37,832
46	36,898
47	35,966
48	34,819
49	33,670
50	32,526
51	31,383
52	30,238
53	29,298
54	28,367
55	27,433
56	26,492
57	25,561
58	22,976
59	20,382
60	17,794
61	15,202
62	12,609
63	11,869
64	11,134
65	10,381
66	9,640
67 and over	7,537”.

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 1 per cent in each case, rounded up or down to the nearest £1 as appropriate.

A full impact assessment has not been published for this instrument as it has no impact on the private sector or civil society organisations.

(1)

2008 c. 6.

(2)

Section 53 was amended by the Welfare Reform Act 2012 (c. 5), Schedule 11, paragraph 18.

(3)

S.I. 2008/1963; S.I. 2015/500 is the relevant amending instrument.