Part 4

Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

Conditions of entitlement
47
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 Part or under corresponding provision made for Northern Ireland;
b
a payment under the 1979 Act or under corresponding provision made for Northern Ireland;
ba
a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);
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 49 of this Act or under corresponding provision made for Northern Ireland;
b
under section 5 of the 1979 Act or under corresponding provision made for Northern Ireland;
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 section 1A(5)(d) of the Social Security (Recovery of Benefits) Act 1997 (c. 27).
S. 47 wholly in force; s. 47 not in force at Royal Assent see s. 62; s. 47(1)(b)(c)(2)(b)(c)(3)(e)(4)(d) in force for certain purposes at 10.6.2008 and otherwise at 1.10.2008 by S.I. 2008/1476, art. 3(1)(a){(2)(a)}, Sch.
S. 47(3)(ba) inserted (31.3.2014) by Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 2 para. 2; S.I. 2014/459, art. 3(d)