EXPLANATORY MEMORANDUM TO
THE MESOTHELIOMA LUMP SUM PAYMENTS (CONDITIONS AND
AMOUNTS) REGULATIONS 2008
2008 No. 1963
This explanatory memorandum has been prepared by the Department for
Work and Pensions and is laid before Parliament by Command of Her
This instrument provides for the conditions that must apply before a
lump-sum payment under the Mesothelioma Scheme 2008 can be awarded.
It also provides for the amount of lump-sum payment and for a
balancing payment to be made if a payment under the Pneumoconiosis etc.
(Workers’ Compensation) Act 1979 is appropriate after a lump-sum payment
under the Mesothelioma Scheme 2008 has already been awarded where the
payment due under the 1979 Act is greater than the 2008 Mesothelioma
This instrument also provides for the circumstances in which a person
is not entitled to a lump-sum payment, including if there is entitlement to a
payment under the Naval, Military and Air Forces Etc. (Disablement and
Death) Service Pensions Order 2006, the Armed Forces and Reserve Forces
(Compensation Scheme) Order 2005 or, if they have received a payment
either, under the UK Asbestos Trust established on 10th October 2006, for the
benefit of certain persons suffering from asbestos-related diseases, or, under
the EL scheme established on 23rd November 2006, for the benefit of certain
persons suffering from asbestos related diseases.
The instrument also provides for a lump-sum payment to be disregarded if it is
liable to be repaid so that a further lump-sum payment may be properly made.
Matters of special interest to the Joint Committee on Statutory
These regulations are being made to give effect to the powers in
sections 46(3) and 47 of the Child Maintenance and Other Payments Act 2008.
This is the first use of these powers. These regulations are linked to the
Mesothelioma Lump Sum Payments (Claims And Rec