Search Legislation

Child Maintenance and Other Payments Act 2008

Changes over time for: Cross Heading: Recovery of mesothelioma and other lump sum payments

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Child Maintenance and Other Payments Act 2008, Cross Heading: Recovery of mesothelioma and other lump sum payments. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Recovery of mesothelioma and other lump sum paymentsE+W+S

54Amendment of Social Security (Recovery of Benefits) Act 1997E+W+S

After section 1 of the Social Security (Recovery of Benefits) Act 1997 (c. 27) insert—

1ALump sum payments: regulation-making power

(1)The Secretary of State may by regulations make provision about the recovery of the amount of a payment to which subsection (2) applies (a “lump sum payment”) where—

(a)a compensation payment in consequence of a disease is made to or in respect of a person (“P”) to whom, or in respect of whom, a lump sum payment has been, or is likely to be, made, and

(b)the compensation payment is made in consequence of the same disease as the lump sum payment.

(2)This subsection applies to—

(a)a payment made in accordance with the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (“the 1979 Act”),

(b)a payment made in accordance with Part 4 of the Child Maintenance and Other Payments Act 2008, and

(c)an extra-statutory payment (within the meaning given by subsection (5)(d) below).

(3)Regulations under this section may, in particular—

(a)make provision about the recovery of the amount of a lump sum payment made to or in respect of a dependant of P;

(b)make provision enabling the recovery of the amount of a lump sum payment from a compensation payment (including provision enabling the recovery of an amount which reduces the compensation payment to nil);

(c)enable the amount of a lump sum payment made before commencement to be recovered from a compensation payment made after commencement;

(d)make provision about certificates in respect of lump sum payments;

(e)apply any provision of this Act, with or without modifications.

(4)References in subsection (1) to a payment made in consequence of a disease—

(a)are references to a payment made by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of the disease, but

(b)do not include references to a payment mentioned in Part 1 of Schedule 1.

(5)In this section—

(a)commencement” means the date on which this section comes into force,

(b)compensation payment” means a payment within section 1(1)(a) above,

(c)dependant” has the meaning given by section 3 of the 1979 Act, and

(d)extra-statutory payment” means a payment made by the Secretary of State to or in respect of a person following the rejection by the Secretary of State of a claim under the 1979 Act.

Commencement Information

I1S. 54 wholly in force; s. 54 not in force at Royal Assent see s. 62; s. 54 in force for certain purposes at 10.6.2008 and otherwise at 1.10.2008 by S.I. 2008/1476, art. 3(1)(b){(2)(a)}

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources