The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2026
These Regulations increase the lump sum compensation amounts payable to individuals suffering from certain dust-related diseases, such as pneumoconiosis and diffuse mesothelioma, or to their dependants.
They apply to cases in England, Wales, and Scotland where a person first meets the entitlement conditions on or after 1 April 2026.
The instrument raises specific statutory payment limits and replaces the payment tables in the 1988 Regulations to reflect a 3.8% increase across all categories of age and disability percentage.
Arguments For
The explanatory note states that the regulations increase the lump sum amounts payable to persons disabled by specific diseases, or their dependants, by 3.8 per cent.
The document cites the Pneumoconiosis etc. (Workers' Compensation) Act 1979 as the legal basis for providing financial support to those affected by dust-related industrial diseases.
Proponents within the government frame these regular amendments as a method to ensure the value of compensation is maintained relative to inflation or other economic adjustments.
Arguments Against
Legal scholars might note that the 3.8% increase is fixed, which may not align with the actual inflation rate experienced by claimants between the last adjustment and April 2026.
Advocacy groups often point out that the scheme only applies to those who cannot claim damages from a liable employer, potentially excluding workers whose former employers still exist but lack resources.
Affected parties may observe that the lower age-based sliding scale results in significantly smaller payments for older claimants regardless of the severity of their disability.
Citation, commencement, application and extent
- —(1) These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2026 and come into force on 1st April 2026. (2) These Regulations apply only in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after 1st April 2026. (3) These Regulations extend to England and Wales and Scotland.
This section establishes the official name of the regulations and sets the start date as 1 April 2026.
It specifies that the new payment rates apply only to claimants who become eligible on or after this date.
The geographic reach of the rules is limited to Great Britain (England, Wales, and Scotland).
Amendment of the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988
- —(1) The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 are amended as follows. (2) In the proviso to regulation 5(1) (payment where death results from diffuse mesothelioma) for '£4,092' substitute '£4,248'. (3) In regulation 6(1)(a) (payment where pneumoconiosis is accompanied by tuberculosis) for '£8,466' (in both places) substitute '£8,788'. (4) In regulation 8 (minimum amount payable to dependant) for '£4,092' substitute '£4,248'.
This section updates specific monetary limits within the existing 1988 compensation framework.
It raises the payment for deaths resulting from mesothelioma and the rate for pneumoconiosis complicated by tuberculosis.
It also increases the minimum amount a dependant can receive to £4,248.
(5) In the Schedule—
(a) in the part headed 'TABLE 1', for the table substitute— [Table 1 containing age-based and disability-percentage-based payments for disabled persons] (b) in the part headed 'TABLE 2', for the table (together with the headings to the table) substitute— [Table 2 Part A and Part B containing payments for dependants based on the deceased's age and disability percentage]
This segment replaces the existing compensation tables with updated versions where all figures have been increased by approximately 3.8%.
Table 1 sets payments for living disabled persons based on their age and the severity of their condition (10% to 100% disability).
Table 2 sets the amounts payable to surviving dependants, such as spouses or children, based on the age of the deceased at the time of death and the severity of the deceased's condition.
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