The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2025
The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2025, effective April 1st, 2025, amend the 2008 regulations to increase lump sum payments for individuals with diffuse mesothelioma and their dependents by 1.7%.
The adjustments only apply to claims made on or after this date, and individuals first diagnosed on or after this date.
The increase is applied across various age brackets as outlined in the updated tables within the amendment.
The regulations extend to England, Wales, and Scotland.
A full impact assessment was deemed unnecessary due to the insignificant effect on the public, private, or voluntary sectors.
Arguments For
Intended benefit: Provides a modest increase in lump sum payments to individuals suffering from diffuse mesothelioma and their dependents, reflecting inflation and cost-of-living changes.
Evidence cited: The 1.7% increase is likely based on inflation data or other economic indicators to justify the adjustment.
Implementation methods: The amendment directly alters the payment amounts in the 2008 Regulations, requiring minimal administrative changes.
Legal/historical basis: The regulations are made under the powers conferred by sections 46(3) and 53(1) and (2)(b) of the Child Maintenance and Other Payments Act 2008, demonstrating legal authority and consistency with existing legislation.
Arguments Against
Potential impacts: While the increase is modest, it could strain the budget allocated for these payments and the overall financial burden of the scheme.
Implementation challenges: Minor complexities might still arise during the practical implementation of updated payment amounts.
Alternative approaches: A tiered system considering individual needs or circumstances, or periodic reviews of payment amounts instead of annual adjustments could be considered.
Unintended effects: The amendments may not fully compensate for the rising cost of living or individual treatment expenses, raising questions of adequacy.
- Citation, commencement, application and extent (1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2025 and come into force on 1st April 2025. (2) Regulation 2(a) applies only in relation to a person— (a) first diagnosed with diffuse mesothelioma on or after 1st April 2025, 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 2025. (3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2025 and who, immediately before their death, had diffuse mesothelioma. (4) These Regulations extend to England and Wales and Scotland.
This section establishes the regulations' title, effective date (April 1st, 2025), and scope of application.
The amendments within Regulation 2 only affect individuals diagnosed with diffuse mesothelioma on or after April 1st, 2025, or those who file a claim after that date if the diagnosis date is unknown.
Similarly, the changes related to dependents only apply if their spouse died after April 1st, 2025, and had diffuse mesothelioma.
The regulations apply across England, Wales, and Scotland.
- Amendment to the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 In the Schedule to the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008— (a) for Table 1 (together with the headings to the Table) substitute— [Table 1 showing updated lump sum payment amounts based on age at diagnosis] (b) for Table 2 (together with the headings to the Table) substitute— [Table 2 showing updated lump sum payment amounts to dependants based on age at death]
This section details the specific amendments to the Schedule of the 2008 Mesothelioma Lump Sum Payments Regulations.
Regulation 2(a) replaces Table 1, providing revised lump sum payment amounts for individuals diagnosed with mesothelioma.
Similarly, Regulation 2(b) replaces Table 2, which sets forth the revised lump sum payment amounts for dependents of those affected.
Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State Department for Work and Pensions 12th March 2025
This section confirms the official signing and authorization of the regulations by the Minister of State at the Department for Work and Pensions on March 12th, 2025.
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 specifying 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 1.7 per cent in each case, rounded up or down to the nearest £1 as appropriate. The amendments made by these Regulations will apply in respect of a claim— by a person who was first diagnosed with diffuse mesothelioma on or after 1st April 2025, made on or after 1st April 2025 by a person with diffuse mesothelioma where the date of the diagnosis is unknown, or by a dependant of a person who died on or after 1st April 2025 and who, immediately before their death, had diffuse mesothelioma. 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.
The explanatory note summarizes the regulations without legal force.
It clarifies that the amendments increase payment amounts under the 2008 regulations by 1.7%, rounded to the nearest pound.
It reiterates the application dates for the amended rates as outlined in the regulations themselves.
It further notes that a full impact assessment was not performed as the changes were deemed insignificant.
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