The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2025
The Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2025, made by the Secretary of State for Work and Pensions using powers under the Mesothelioma Act 2014, fundamentally updates the compensation framework for diffuse mesothelioma sufferers.
These regulations specifically substitute Table 1 in Schedule 4 of the 2014 Regulations, resulting in a 49% increase for all scheme payment amounts based on the age of the individual when first diagnosed.
These revised, higher payment amounts apply to any person first diagnosed with diffuse mesothelioma on or after 4th November 2025, or to their eligible dependants if the person has died without applying.
Arguments For
The primary supporting argument is the intended 49% increase in scheme payment amounts across all age categories, providing significantly greater financial compensation to victims of diffuse mesothelioma and their dependants under the statutory scheme.
The amendment ensures that the compensation framework remains relevant and adequate, particularly in light of inflation or statutory indexation requirements for welfare payments.
The regulation establishes a clear start date (4th November 2025) for the application of the new payment rates, ensuring certainty for applicants and administrators.
The legal basis is properly established through the powers conferred by sections 1 and 17(4) of the Mesothelioma Act 2014, demonstrating lawful implementation.
Arguments Against
Potential counter-arguments might focus on whether a 49% increase is the mathematically correct figure required to match current actuarial benchmarks or whether it fully offsets the loss of future earnings or suffering.
Since the scheme targets victims of asbestos exposure, there may be debate over the efficiency or fairness of providing a fixed lump sum payment versus alternative compensation models.
The regulation introduces new payment tables, requiring administrative changes within the Department for Work and Pensions (DWP) to implement the new structure accurately starting from the specified commencement date.
The explanatory note indicates no significant impact assessment was done for the private or voluntary sector, which might prompt questions about broader economic effects, even if deemed minor.
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1 and 17(4) of the Mesothelioma Act 2014.
The Secretary of State enacts these Regulations utilising the authority granted under sections 1 and 17(4) of the Mesothelioma Act 2014.
1.
Citation, commencement, interpretation and application
(1)
These regulations are officially named the Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2025 and take legal effect starting 4th November 2025.
(2)
Within these regulations, the phrase "first diagnosed" uses the specific definition provided in Schedule 1 to the Diffuse Mesothelioma Payment Scheme Regulations 2014.
(3)
These regulations only apply to cases where an individual received their initial diagnosis of diffuse mesothelioma on or after 4th November 2025.
2.
Amendment of Schedule 4 to the Diffuse Mesothelioma Payment Scheme Regulations 2014
Schedule 4, which details the amount of scheme payments under the 2014 Regulations, has its Table 1 entirely replaced by a new table provided here.
This new table sets out the revised Scheme Payment amounts corresponding to the patient's age when first diagnosed (as referenced in regulation 16(3)).
The new payment scale ranges from £403,969 for persons aged 40 and under, down to £129,721 for those aged 90 and over.
Signed by authority of the Secretary of State for Work and Pensions
Stephen Timms Minister of State Department for Work and Pensions 10th October 2025
Explanatory Note
This note is not technically part of the legislation itself.
The regulations update the payment amounts listed in Table 1 of Schedule 4 to the Diffuse Mesothelioma Payment Scheme Regulations 2014.
This change increases the amount paid under the scheme for every age bracket by 49%.
The new payment figures apply to eligible individuals diagnosed on or after 4th November 2025, and also apply to their eligible dependants if the diagnosed person died without filing an application to the scheme.
No comprehensive impact assessment was required for this instrument because no significant impact, or any impact at all, is anticipated for private sector, voluntary sector, or community organizations.
These Regulations may be cited as the Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2025 and come into force on 4th November 2025.
The official name of this legislation is the Diffuse Mesothelioma Payment Scheme (Amendment) Regulations 2025.
The rules become legally effective on 4th November 2025.
In these Regulations, “first diagnosed” has the meaning given to it by Schedule 1 to the Diffuse Mesothelioma Payment Scheme Regulations 2014.
This clause defines the term 'first diagnosed' for the purpose of these amendments.
It directs the reader to refer to Schedule 1 of the original 2014 Regulations to understand the precise meaning of when a person was initially diagnosed with the condition.
These Regulations apply only in relation to any case in which a person was first diagnosed with diffuse mesothelioma on or after 4th November 2025.
The revised payment levels detailed in this amendment are only applicable to claims where the initial diagnosis of diffuse mesothelioma occurred on or after 4th November 2025.
Cases diagnosed before this date are presumably governed by the prior payment structure.
In Schedule 4 (amount of scheme payments) to the Diffuse Mesothelioma Payment Scheme Regulations 2014 for Table 1 substitute—
“Table 1
| Age of the person with diffuse mesothelioma (see regulation 16(3)) | Scheme Payment | |---|---| | 40 and under | £403,969 | | 41 | £398,484 | | 42 | £393,000 | | 43 | £387,516 | | 44 | £382,030 | | 45 | £376,545 | | 46 | £371,061 | | 47 | £365,576 | | 48 | £360,090 | | 49 | £354,605 | | 50 | £349,120 | | 51 | £343,636 | | 52 | £338,150 | | 53 | £332,665 | | 54 | £327,180 | | 55 | £321,695 | | 56 | £316,209 | | 57 | £310,725 | | 58 | £305,240 | | 59 | £299,757 | | 60 | £294,272 | | 61 | £288,786 | | 62 | £283,301 | | 63 | £277,816 | | 64 | £272,332 | | 65 | £266,846 | | 66 | £261,361 | | 67 | £255,876 | | 68 | £250,392 | | 69 | £244,905 | | 70 | £239,421 | | 71 | £233,936 | | 72 | £228,451 | | 73 | £222,965 | | 74 | £217,480 | | 75 | £211,996 | | 76 | £206,513 | | 77 | £201,028 | | 78 | £195,542 | | 79 | £190,057 | | 80 | £184,572 | | 81 | £179,088 | | 82 | £173,601 | | 83 | £168,117 | | 84 | £162,632 | | 85 | £157,147 | | 86 | £151,661 | | 87 | £146,176 | | 88 | £140,692 | | 89 | £135,207 | | 90 and over | £129,721” |
A core change involves replacing Table 1, which outlines the 'Scheme Payment' amounts based on age, within Schedule 4 of the Diffuse Mesothelioma Payment Scheme Regulations 2014.
The new table details specific lump-sum compensation figures corresponding to the claimant's age at the time of first diagnosis, ranging from £403,969 for the youngest eligible group (40 and under) to £129,721 for the oldest group (90 and over).
Explanatory Note (This note is not part of the Regulations)
These Regulations substitute the table in Schedule 4 to the Diffuse Mesothelioma Payment Scheme Regulations 2014 (S.I. 2014/916). This has the effect of increasing the level of payments made under the scheme for each age category by 49%. The substituted payment amounts apply to eligible persons first diagnosed with diffuse mesothelioma on or after 4th November 2025 and, where the person first diagnosed with diffuse mesothelioma on or after 4th November 2025 has died without making an application to the scheme, to their eligible dependants.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary sector or community bodies is foreseen.
The accompanying explanatory note clarifies that this instrument substitutes the payment table in Schedule 4 of the principal 2014 Regulations, resulting in a 49% rise in compensation for every age group.
These elevated payments are specifically for diagnoses occurring from 4th November 2025 onwards, or for the dependants of eligible individuals who died before applying.
Furthermore, the government determined that a full impact assessment was unnecessary because no major impact on the private, voluntary, or community sectors is expected.
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