Mesothelioma lump sum payments
I12Conditions of entitlement
1
In the case of a person who has diffuse mesothelioma, the conditions of entitlement are—
a
that no payment within subsection (3) has been made in consequence of the disease;
b
that the person is not eligible for any payment in consequence of the disease that is of a description prescribed by regulations;
c
that such requirement, if any, as may be prescribed by regulations as to the person's connection with the United Kingdom is satisfied.
2
In the case of a dependant of a person who, immediately before death, had diffuse mesothelioma, the conditions of entitlement are—
a
that no payment within subsection (3) has been made in consequence of the disease to that or another dependant or to the deceased or the deceased's personal representatives;
b
that the dependant is not, and the deceased was not, eligible for any payment in consequence of the disease that is of a description prescribed by regulations;
c
that such requirement, if any, as may be prescribed by regulations as to the deceased's connection with the United Kingdom is satisfied.
3
The payments referred to in subsections (1)(a) and (2)(a) are—
a
a payment under this Act or under Part 4 of the Child Maintenance and Other Payments Act 2008 (c. 6);
b
a payment under the 1979 Order or under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41);
c
an extra-statutory payment;
d
damages or a payment in settlement of a claim for damages;
e
a payment of a description prescribed by regulations.
4
A payment is to be disregarded for the purposes of subsection (1)(a) or (2)(a) if it has been, or is liable to be, repaid—
a
under section 4 of this Act or under any corresponding provision of the Child Maintenance and Other Payments Act 2008;
b
under Article 6 of the 1979 Order or under section 5 of the Pneumoconiosis etc. (Workers' Compensation) Act 1979;
c
under the terms of an extra-statutory payment;
d
in circumstances prescribed for the purposes of this section by regulations.
5
In this section “extra-statutory payment” has the meaning given by Article 3A(5)(d) of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (NI 12).