UK Statutory Mesothelioma Compensation Schemes
Executive Summary
In Great Britain, a person with diffuse mesothelioma, or a dependant of someone who had it, can claim a one-off government lump sum under two statutory schemes: the Pneumoconiosis etc. (Workers' Compensation) Act 1979, and Part 4 of the Child Maintenance and Other Payments Act 2008, known as the 2008 scheme.[1][2] A third route, the Diffuse Mesothelioma Payment Scheme (DMPS), is for people who cannot trace the employer responsible for their contact with asbestos, or that employer's insurer.[3]
On September 1, 2026, the Department for Work and Pensions laid draft regulations that would pay dependants at the same rates as people with the disease under both government schemes.[4][5][6] The department says the changes will come into force on October 31, 2026, subject to Parliamentary approval.[4] On October 2, 2026, both instruments were still published as drafts.[5][6]
Northern Ireland has its own parallel legislation. Its Department for Communities has proposed a matching rule, and the Northern Ireland Assembly's Committee for Communities is taking evidence on it from October 1 to October 14, 2026.[7][8]
At a Glance
| Question | Answer |
|---|---|
| Who can claim under the 2008 scheme? | A person with diffuse mesothelioma, or a dependant of a person who had diffuse mesothelioma immediately before death[2] |
| Which diseases does the 1979 Act cover? | Pneumoconiosis, byssinosis and diffuse mesothelioma, and any other disease specified by order[1] |
| Who is the DMPS for? | People diagnosed on or after July 25, 2012, exposed while working in the UK, who cannot trace the employer or its insurers[3] |
| 2008 scheme deadline | Within 12 months of diagnosis, or within 12 months of the death for a dependant[3] |
| DMPS deadline | Within 3 years of diagnosis[3] |
| What would change in October 2026? | Dependant rates aligned with the rates for people with the disease, and payment to a personal representative where a claimant dies before payment[5][6] |
| Are the changes law yet? | No. They are draft regulations, subject to Parliamentary approval[4][5] |
| Northern Ireland | Proposed Statutory Rule, in progress; evidence survey closes October 14, 2026[8] |
Key Facts
| Fact | Detail |
|---|---|
| The gap the changes would close | Under the 2008 scheme, a person diagnosed at 60 receives £56,656, while a dependant of a person who died at 60 receives £24,526 (GOV.UK rates, checked October 2, 2026)[3] |
| DWP's cost estimate | Between £2 million and £6 million a year more, in total, for all dependants[4] |
| Which 2008 scheme cases the new dependant rates cover | Only cases where the person with mesothelioma dies on or after October 31, 2026[6] |
| Which 1979 Act cases the changes cover | Only cases where a person first meets the conditions of entitlement on or after October 31, 2026[5] |
| Other 1979 Act changes | Top-up awards removed, and a clear relevant date set for calculating awards[5] |
| Where the GB drafts apply | England and Wales and Scotland[5][6] |
| Northern Ireland timing | The Department for Communities says its rule should be made as soon as possible after the GB instrument and brought into operation on the same date[7] |
What Are the UK's Statutory Mesothelioma Payment Schemes?
These are government payments. They are separate from a civil claim for damages against a former employer or its insurer.
Under the 1979 Act, a person disabled by a covered disease is paid if the conditions of entitlement are met. Those conditions include that disablement benefit is payable for the disease, that every relevant employer has ceased to carry on business, that no application has been made to the DMPS for the disease, and that the person has not "brought any action, or compromised any claim, for damages".[1] A dependant can claim where the person who had the disease has died.[1]
The 2008 scheme covers people with diffuse mesothelioma who cannot claim under the 1979 Act. GOV.UK lists its conditions: the person is not entitled to a 1979 Act payment, has not been paid for the disease by an employer, a civil claim or elsewhere, and is not entitled to compensation from a Ministry of Defence scheme.[3] The exposure must have happened in the United Kingdom. GOV.UK's examples include washing a relative's clothes, living near a factory that used asbestos, exposure while self-employed, and exposure that cannot be specified but occurred in the UK.[3] The amount depends on age at diagnosis, or, for a dependant, on the age at which the person with mesothelioma died.[3]
The Diffuse Mesothelioma Payment Scheme (DMPS)
The DMPS is for people with diffuse mesothelioma who were exposed to asbestos while working in the UK and cannot trace the employer that exposed them, or that employer's insurers. GOV.UK says a claimant must have been diagnosed on or after July 25, 2012, must not have made a civil claim against any employer or insurer, and must not have received damages or a specified payment for mesothelioma.[3] A dependant of a person who has died may also be able to claim.[3]
A person can claim from the DMPS after claiming from the 2008 scheme or under the 1979 Act. Any payment already received from either is deducted from the DMPS amount.[3] The 1979 Act works the other way round: one of its conditions is that no DMPS application has been made for the disease.[1] DMPS claims must be made within 3 years of diagnosis.[3]
Northern Ireland
Northern Ireland has separate legislation with the same structure. The Mesothelioma, etc., Act (Northern Ireland) 2008 lets a person with diffuse mesothelioma, or a dependant of a person who had it immediately before death, claim a lump-sum payment.[9] It takes its definition of a dependant from the Pneumoconiosis, etc., (Workers' Compensation) (Northern Ireland) Order 1979.[9]
On September 23, 2026, the Department for Communities wrote to the Assembly's Committee for Communities proposing the Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2026. The rule would equalise dependant payments with sufferer payments, and set out to whom payment is made where a person claims in life but dies before it can be paid.[7] The rule is subject to the confirmatory resolution procedure. The department says it corresponds to the GB regulations under the principle of parity in social security matters, and that no consultation is required for that reason.[7]
The committee lists the rule as "Proposed Statutory Rule – In Progress". Its Citizen Space evidence survey opened on October 1, 2026 and closes on October 14, 2026.[8]
What Changes Are Proposed for October 2026?
The two GB drafts do different things, and their explanatory notes describe them in the government's own words.
For the 1979 Act, the draft amends the 1988 payment regulations to:[5]
- remove references to defunct assessment boards
- align the rates of pay for dependants with the rates for sufferers
- remove the top-up awards
- introduce a clear relevant date for calculating awards
- clarify to whom payment is made where a person claims in life but dies before it can be paid
For the 2008 scheme, the draft amends the 2008 regulations to bring dependant rates in line with the rates for persons with diffuse mesothelioma, and to make clear to whom payment can be made if the claimant dies before it is paid.[6]
Both drafts reach only cases from October 31, 2026 onward, measured in different ways. The 1979 Act changes apply only where a person first meets the conditions of entitlement on or after October 31, 2026.[5] The higher 2008 scheme dependant rates apply only where the person with mesothelioma dies on or after October 31, 2026.[6]
Where the Changes Stand
| Date | Step |
|---|---|
| September 1, 2026 | Draft GB regulations laid in Parliament[4] |
| September 23, 2026 | Northern Ireland's Department for Communities sends the proposed rule to the Committee for Communities[7][8] |
| October 1, 2026 | Northern Ireland evidence survey opens[8] |
| October 14, 2026 | Northern Ireland evidence survey closes[8] |
| October 31, 2026 | Intended start date, subject to Parliamentary approval[4] |
Each draft carries the standard wording that a draft "has been laid before, and approved by a resolution of, each House of Parliament". In a draft instrument that is a template recital, not a record that approval has happened. The date the instrument is made is still blank.[5]
What This Means for Claimants and Families
Until the regulations are approved and made, the current rates and rules apply. The deadlines do not change: 12 months from diagnosis, or from the death for a dependant, under the 2008 scheme, and 3 years from diagnosis for the DMPS.[3] Waiting to claim does not change which rates apply: under the 2008 scheme, the new dependant rates turn on the date of death, not the date of the claim.[6]
Which scheme fits, and in what order to claim, depends on the person's work history, whether an employer or insurer can be traced, and whether a civil claim has been made. GOV.UK publishes the claim forms and contacts for each scheme.[3]
The 2008 scheme requires exposure in the United Kingdom.[3] Asbestos exposure that happened in the United States is a separate question. U.S. compensation routes are covered on Asbestos Trust Funds.
Frequently Asked Questions
Will dependants get the same payment as people with mesothelioma? That is what the draft regulations would do, if approved. Under the 2008 scheme, the higher dependant rates would apply only where the person with mesothelioma dies on or after October 31, 2026.[6] Under the 1979 Act, the changes apply where a person first meets the conditions of entitlement on or after that date.[5]
Are the October 2026 changes law yet? No. On October 2, 2026, both GB instruments were published as drafts, and the Department for Work and Pensions says they come into force on October 31, 2026, subject to Parliamentary approval.[4][5][6]
How long do I have to claim under the 2008 scheme? Within 12 months of diagnosis. A dependant must claim within 12 months of the death.[3]
Can I claim from the DMPS if I already received a 2008 scheme or 1979 Act payment? Yes. GOV.UK says you can claim from the DMPS even if you have already claimed under either scheme, and any payment you received is deducted from the DMPS amount.[3]
Will Northern Ireland make the same changes? The Department for Communities has proposed a matching rule and says it should come into operation on the same date as the GB instrument.[7] It is still a proposal before the Assembly's Committee for Communities, which is taking evidence until October 14, 2026.[8]
Related Pages
- Mesothelioma
- Pleural Mesothelioma
- Secondary Asbestos Exposure
- Asbestos Trust Funds
- Mesothelioma UK, the RCGP and the GP Continuity Gap
External Links
The following resources offer additional information for patients and families.
- Danziger & De Llano, mesothelioma legal help: U.S. asbestos and mesothelioma law firm, for asbestos exposure that happened in the United States.
- GOV.UK: Diffuse mesothelioma payments: eligibility, rates and how to claim under the 2008 scheme and the DMPS.
- Northern Ireland Assembly, Committee for Communities: status and evidence survey for the proposed Northern Ireland rule.
References
- ↑ 1.0 1.1 1.2 1.3 1.4 Pneumoconiosis etc. (Workers' Compensation) Act 1979, sections 1 and 2, legislation.gov.uk.
- ↑ 2.0 2.1 Child Maintenance and Other Payments Act 2008, Part 4 (sections 46 and 47), legislation.gov.uk.
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 Diffuse mesothelioma payments (full guide), GOV.UK. Accessed October 2, 2026.
- ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Loved ones of asbestos and dust-disease victims to receive fairer compensation, Department for Work and Pensions, September 1, 2026.
- ↑ 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 The Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) (No. 2) Regulations 2026 (draft), including Explanatory Note, legislation.gov.uk. Draft status checked October 2, 2026.
- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) (No. 2) Regulations 2026 (draft), including Explanatory Note, legislation.gov.uk. Draft status checked October 2, 2026.
- ↑ 7.0 7.1 7.2 7.3 7.4 7.5 Department for Communities to the Committee for Communities, ref. SUB 0637-2026, "The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment No. 2) Regulations (Northern Ireland) 2026", September 23, 2026.
- ↑ 8.0 8.1 8.2 8.3 8.4 8.5 8.6 Committee for Communities: proposed Mesothelioma Lump Sum Payments rule (Northern Ireland) 2026, Northern Ireland Assembly. Accessed October 2, 2026.
- ↑ 9.0 9.1 Mesothelioma, etc., Act (Northern Ireland) 2008, section 1, legislation.gov.uk.