
1 

(1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008 and shall come into operation on 1st October 2008.
(2) In these Regulations—
 “the Act” means the Mesothelioma, etc., Act (Northern Ireland) 2008;
 “claim” means a claim under section 1(1) of the Act;
 “deceased” means a person who, immediately before death, had mesothelioma;
 “enactment” includes any statutory provision;
 “lump sum payment” means a payment under section 1(2) of the Act;
 “mesothelioma” means “diffuse mesothelioma”;
 “payment” includes a payment in money or money’s worth or in kind.
2 

(1) The following payments are prescribed for the purposes of section 2(1)(a), (2)(a) and (3)(e) of the Act (payments which, if made in consequence of mesothelioma, prevent the conditions provided for in section 2(1)(a) and (2)(a) from being fulfilled)—
(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005;
(c) payment from any government department, authority, body corporate or employer exempted from insurance by or under Article 7 of the Employers’ Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 or section 3 of the Employers’ Liability (Compulsory Insurance) Act 1969;
(d) payment under the UK Asbestos Trust established on 10th October 2006 for the benefit of certain persons suffering from asbestos-related diseases;
(e) payment under the EL Scheme Trust established on 23rd November 2006 for the benefit of certain persons suffering from asbestos-related diseases.
(2) The following payments are prescribed for the purposes of section 2(1)(b) and (2)(b) of the Act (payments eligibility for which prevents the conditions provided for in section 2(1)(b) or (2)(b) from being fulfilled)—
(a) payment under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006;
(b) payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005.
3 
A payment made in error and which in consequence is liable to be repaid in accordance with an enactment or rule of law is to be disregarded for the purpose of section 2(1)(a) or (2)(a) of the Act.
4 

(1) In the case of a person with mesothelioma it is a condition of entitlement that the person was in the United Kingdom at a time when and place where that person was exposed to asbestos.
(2) In the case of a dependant it is a condition of entitlement that the deceased was in the United Kingdom at a time when and place where the deceased was exposed to asbestos.
5 

(1) The amount of a payment made under section 1(2) of the Act to a person with mesothelioma shall be determined in accordance with Table 1 of the Schedule.
(2) In Table 1 of the Schedule the reference to the age of the person is a reference to—
(a) the age at which the person was first diagnosed with mesothelioma; or
(b) where the age at which the person was first diagnosed with mesothelioma is unknown, the age at which the person made the claim.
(3) The amount of a payment made under section 1(2) of the Act to a dependant shall be determined in accordance with Table 2 of the Schedule.
(4) In Table 2 of the Schedule the reference to the age of the person with mesothelioma is a reference to the age of the person at death.
Sealed with the Official Seal of the Department for Social Development on 27th August 2008
(L.S.)B McGahan
A senior officer of the Department for Social Development

SCHEDULE
Regulation 5

Table 1
Age of person with mesothelioma at diagnosis,  Payment
or, if unknown, at date of claim  £
 37 and under 52,772 
 38 51,747 
 39 50,722 
 40 49,698 
 41 48,673 
 42 47,648 
 43 47,137 
 44 46,621 
 45 46,112 
 46 45,599 
 47 45,086 
 48 43,653 
 49 42,219 
 50 40,781 
 51 39,349 
 52 37,911 
 53 36,888 
 54 35,864 
 55 34,841 
 56 33,812 
 57 32,789 
 58 30,125 
 59 27,460 
 60 24,799 
 61 22,133 
 62 19,469 
 63 17,829 
 64 16,189 
 65 14,551 
 66 12,911 
 67 11,272 
 68 10,939 
 69 10,604 
 70 10,273 
 71 9,941 
 72 9,608 
 73 9,325 
 74 9,037 
 75 8,759 
 76 8,480 
 77 and over 8,197 

Table 2
Age of person with mesothelioma at death Payment
 £
 37 and under 23,953 
 38 23,362 
 39 22,774 
 40 22,185 
 41 21,595 
 42 21,007 
 43 20,444 
 44 19,874 
 45 19,313 
 46 18,751 
 47 18,189 
 48 17,496 
 49 16,804 
 50 16,112 
 51 15,423 
 52 14,732 
 53 14,165 
 54 13,603 
 55 13,039 
 56 12,473 
 57 11,911 
 58 10,351 
 59 8,787 
 60 7,226 
 61 5,662 
 62 4,098 
 63 3,651 
 64 3,207 
 65 2,752 
 66 2,306 
 67 and over 1,859 