The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026
These Regulations, made under the authority of the Child Maintenance and Other Payments Act 2008, amend the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008 by substituting new tables that increase all lump sum payments for individuals diagnosed with diffuse mesothelioma and for their dependants by 3.8 percent, effective from 1st April 2026, applying to cases first diagnosed or claims made on or after this date.
Arguments For
The regulations ensure that lump sum payments for mesothelioma compensation remain current and adequately reflect contemporary financial values by implementing a standard increase of 3.8%. This addresses potential erosion of the real value of previous statutory awards.
Establishing clear, defined payment schedules based on the age of diagnosis or death offers administrative clarity and predictability for claimants and the administering body.
Applying the revised rates to all future relevant claims (diagnosis or death on or after April 1st, 2026) provides a consistent standard for those newly diagnosed or for dependants following subsequent deaths caused by the disease.
Arguments Against
The adjustment mechanism (3.8% increase) might be perceived as arbitrary or not fully aligned with the actual cost of living increases or the specific severity of suffering experienced by individuals with mesothelioma. Future increases may need more frequent review if inflation outpaces the statutory adjustment rate.
The creation of discrete age bands for payment calculation, while providing structure, inherently means that a one-year difference in age can result in a substantial decrease in the awarded lump sum, potentially leading to arguments of unfair differentiation between similarly situated applicants.
Limiting the scope of the amendment only to claims made on or after 1st April 2026 excludes individuals diagnosed earlier but for whom a claim might still be pending or eligible under the new provisions, leading to differential treatment based on the timing of administrative action.
STATUTORY INSTRUMENTS
2026 No. 377
SOCIAL SECURITY
The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026
Made - - - -
24th March 2026
Coming into force - -
1st April 2026
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 46(3) and 53(1) of the Child Maintenance and Other Payments Act 2008( 1 ).
In accordance with section 53(3) of the Child Maintenance and Other Payments Act 2008, a draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament.
This section identifies the legislative instrument as Statutory Instrument 2026 No. 377, officially titled The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026.
The instrument was formally made on March 24th, 2026, and set to come into legal force on April 1st, 2026.
The Secretary of State enacted these Regulations using powers granted under sections 46(3) and 53(1) of the Child Maintenance and Other Payments Act 2008.
Parliament approved the draft of this instrument via a resolution in both Houses as required by Section 53(3) of that Act.
Citation, commencement, application and extent
- -(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026 and come into force on 1st April 2026.
- (2) Regulation 2(a) applies only in relation to a person-
- (a) first diagnosed with diffuse mesothelioma on or after 1st April 2026, 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 2026.
- (3) Regulation 2(b) applies only in relation to the dependant of a person who dies on or after 1st April 2026 and who, immediately before their death, had diffuse mesothelioma.
- (4) These Regulations extend to England and Wales and Scotland.
Regulation 1 establishes the short title for these rules and confirms the commencement date of April 1st, 2026.
This date is crucial as it dictates when the new payment structures take effect.
Subsections (2) and (3) specify which cases are affected by the principal amendment in Regulation 2.
For an individual claimant, the new rules apply if they received their first diagnosis of diffuse mesothelioma on or after April 1st, 2026, or if the diagnosis date is unknown, the claim is submitted on or after that date under the relevant Act.
For dependants claiming after the victim's death, the new rules apply if the person died on or after April 1st, 2026, and had diffuse mesothelioma just before passing.
The Regulations' authority covers legal proceedings in 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( 2 )-
- (a) for Table 1 (together with the headings to the Table) substitute-
( 1 ) 2008 c. 6.
( 2 ) S.I. 2008/1963, amended by S.I. 2025/341; there are other amending instruments but none is relevant.
'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 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 | | 59 | 62,735 | | 60 | 56,656 | | 61 | 50,567 | | 62 | 44,481 | | 63 | 40,735 | | 64 | 36,985 | | 65 | 33,245 | | 66 | 29,498 |
| Age of person with mesothelioma at first diagnosis or, if unknown, date of claim | Payment £ | |------------------------------------------------------------------------------------|-------------| | 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';
Regulation 2 executes the primary change by revising the Schedule of the 2008 Mesothelioma Lump Sum Payments Regulations.
Specifically, subheading (a) replaces 'Table 1,' which details the payment amounts for the person diagnosed with mesothelioma.
Table 1 now specifies the lump sum payment based on the individual’s age at the time of first diagnosis (or the date of claim if diagnosis date is unknown).
The listed amounts, ranging from £120,566 for those 37 or under down to £18,733 for those aged 77 or over, reflect the updated schedule.
(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 under | 62,743 | | 38 | 61,396 | | 39 | 60,049 | | 40 | 58,703 | | 41 | 57,358 | | 42 | 56,013 | | 43 | 54,723 | | 44 | 53,424 | | 45 | 52,145 | | 46 | 50,858 | | 47 | 49,573 | | 48 | 47,994 | | 49 | 46,409 | | 50 | 44,831 | | 51 | 43,257 | | 52 | 41,676 |
| Age of person with mesothelioma at death | Payment | |--------------------------------------------|-----------| | | £ | | 53 | 40,381 | | 54 | 39,099 | | 55 | 37,811 | | 56 | 36,515 | | 57 | 35,231 | | 58 | 31,668 | | 59 | 28,091 | | 60 | 24,526 | | 61 | 20,954 | | 62 | 17,379 | | 63 | 16,359 | | 64 | 15,347 | | 65 | 14,308 | | 66 | 13,286 | | 67 or over | 10,387'.
Subheading (b) introduces the replacement for 'Table 2,' which outlines the lump sum payment amounts designated for the dependant of a person who has died from mesothelioma.
These payments are structured according to the age of the deceased person at the time of death.
The new Table 2 shows payments ranging from £62,743 for dependants of those aged 37 or under, down to £10,387 for dependants of those aged 67 or over.
These figures are directly linked to the corresponding increases made in Table 1.
Signed by authority of the Secretary of State for Work and Pensions
24th March 2026
Stephen Timms Minister of State Department for Work and Pensions
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 3.8 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 2026,
- made on or after 1st April 2026 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 2026 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 instrument is formally signed by Stephen Timms, Minister of State for the Department for Work and Pensions, acting under the authority of the Secretary of State, on March 24th, 2026.
The accompanying Explanatory Note clarifies that the purpose is to substitute revised tables into the 2008 Regulations concerning mesothelioma lump sums.
The core effect of the substitution is a 3.8% increase across all payment amounts specified in the tables, with sums rounded to the nearest whole pound.
The note details the precise scope: the amendments apply to diagnoses made or claims initiated on or after April 1st, 2026, or deaths occurring on or after that date.
Finally, the note states that a full regulatory impact assessment was deemed unnecessary because no significant financial or operational impact on the private, voluntary, or public sectors is anticipated from these adjustments.
Related
Correction Slip
A correction notice was issued to amend typographical errors within the original Statutory Instrument by consistently changing 'Carer's Additional Person Payment' to 'Carer Additional Person Payment'.
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