SI 2026/1148 - The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations 2026

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

STATUTORY INSTRUMENTS 2026 No. 1148 SOCIAL SECURITY The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations 2026 Made - - - - 30th October 2026 Coming into force - - 31st October 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by sections 46(3), 53(1) and (2)(b) of the Child Maintenance and Other Payments Act 2008(1) (“the 2008 Act”).

In accordance with section 53(3) of the 2008 Act, a draft of this instrument has been 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) (No. 2) Regulations 2026 and come into force on 31st October 2026.

(2) Regulation 4 applies only in relation to the dependant of a person who dies on or after 31st October 2026 and who, immediately before their death, had diffuse mesothelioma.

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

Amendment of the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

2. The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008(2) are amended in accordance with regulations 3 and 4.

Insertion of regulation 5A

3. After regulation 5 (amount of lump sum payment) insert— “Payment to personal representatives 5A.—.—(1) W here—

(a) a claim is made, and

(1) 2008 c. 6. Section 53 was amended by paragraph 18 of Schedule 11 to the Welfare Reform Act 2012 (c. 5).

(2) S.I. 2008/1963, amended by S.I. 2026/377; there are other amending instruments but none is relevant.Document Generated: 2026-11-02

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

(b) the person making the claim dies before payment is made, payment must be made to the person’s personal representatives, subject to the condition in paragraph (2) having been met.

(2) The condition is that any document that is by law sufficient evidence of the grant of—

(a) probate of the will of the person,

(b) letters of administration of the estate of the person, or

(c) confirmation as executor of the person, has been provided to the Secretary of State.”.

Amendment to the Schedule

4. In the Schedule, 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 under 120,566 38 118,221 39 115,882 40 113,543 41 111,199 42 108,858 43 107,691 44 106,513 45 105,347 46 104,176 47 103,005 48 99,733 49 96,457 50 93,173 51 89,901 52 86,614 53 84,275 54 81,939 55 79,602 56 77,249 57 74,908 58 68,825 2Document Generated: 2026-11-02

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

59 62,735 60 56,656 61 50,567 62 44,481 63 40,735 64 36,985 65 33,245 66 29,498 67 25,753 68 24,989 69 24,224 70 23,471 71 22,710 72 21,953 73 21,304 74 20,644 75 20,012 76 19,377 77 or over 18,733”.

Signed by authority of the Secretary of State for Work and Pensions Stephen Timms Minister of State 30th October 2026 Department for Work and Pensions 3Document Generated: 2026-11-02

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE (This note is not part of the Regulations) Under the Child Maintenance and Other Payments Act 2008 (c. 6) (“the 2008 Act”), lump sum payments may be made to certain persons with diffuse mesothelioma or their dependants. The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 (S.I. 2008/1963) (“the 2008 Regulations”) set out the conditions to be met for a lump sum payment to be made, along with the rates of payment.

These Regulations amend the 2008 Regulations to— • bring the dependant rates of payment in line with the rates for persons with diffuse mesothelioma; • make it clear to whom payment can be made in the event the person making the claim dies before it is paid.

By virtue of regulation 1(2), the increased rates of pay for a dependant apply only in relation to a case where the sufferer dies on or after 31st October 2026.

A full impact assessment has not been produced as these Regulations concern financial assistance from the Department for Work and Pensions which is out of scope of the Better Regulation Framework.

An Explanatory Memorandum is available alongside these Regulations at www.legislation.gov.uk.

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