The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 270

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2021

Made

8th March 2021

Coming into force

1st April 2021

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 2021 and come into force on 1st April 2021.

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

(a) first diagnosed with diffuse mesothelioma on or after 1st April 2021; 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 2021.

(3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2021 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 or under	94,296
38	92,463
39	90,633
40	88,804
41	86,971
42	85,140
43	84,227
44	83,306
45	82,394
46	81,477
47	80,562
48	78,003
49	75,440
50	72,873
51	70,312
52	67,742
53	65,913
54	64,085
55	62,258
56	60,418
57	58,587
58	53,829
59	49,066
60	44,312
61	39,550
62	34,790
63	31,859
64	28,926
65	26,001
66	23,071
67	20,142
68	19,545
69	18,946
70	18,357
71	17,761
72	17,169
73	16,662
74	16,146
75	15,652
76	15,155
77 or over	14,651”;

(b) for Table 2 substitute—

“Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death	Payment £
37 or under	49,073
38	48,018
39	46,965
40	45,913
41	44,860
42	43,808
43	42,800
44	41,784
45	40,783
46	39,777
47	38,772
48	37,536
49	36,297
50	35,063
51	33,831
52	32,596
53	31,583
54	30,580
55	29,573
56	28,559
57	27,555
58	24,768
59	21,971
60	19,182
61	16,389
62	13,593
63	12,795
64	12,003
65	11,191
66	10,392
67 or over	8,124”.

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Minister of State

Department for Work and Pensions

8th March 2021

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 0.5 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.

(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. 2020/244 is the relevant amending instrument.