The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022

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

2022 No. XXXX

Social Security

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022

Made

***

Coming into force

1st April 2022

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, application and extent

1.—(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2022 and come into force on 1st April 2022.

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

(a)first diagnosed with diffuse mesothelioma on or after 1st April 2022; 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 2022.

(3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2022 and who, immediately before their death, had diffuse mesothelioma.

(4) These Regulations extend to England and Wales and Scotland.

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 (together with the headings to the Table) 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 under97,219
3895,329
3993,443
4091,557
4189,667
4287,779
4386,838
4485,888
4584,948
4684,003
4783,059
4880,421
4977,779
5075,132
5172,492
5269,842
5367,956
5466,072
5564,188
5662,291
5760,403
5855,498
5950,587
6045,686
6140,776
6235,868
6332,847
6429,823
6526,807
6623,786
6720,766
6820,151
6919,533
7018,926
7118,312
7217,701
7317,179
7416,647
7516,137
7615,625
77 or over15,105;

(b)for Table 2 (together with the headings to the Table) substitute—

Table 2

Amount of lump sum payment to dependant

Age of person with mesothelioma at death

Payment

£

37 or under50,594
3849,507
3948,421
4047,336
4146,251
4245,166
4344,127
4443,079
4542,047
4641,010
4739,974
4838,700
4937,422
5036,150
5134,880
5233,606
5332,562
5431,528
5530,490
5629,444
5728,409
5825,536
5922,652
6019,777
6116,897
6214,014
6313,192
6412,375
6511,538
6610,714
67 or over8,376.

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 3.1 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.

(2)

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

(3)

S.I. 2008/1963; S.I. 2021/270 is the relevant amending instrument.