
2008 No. 354
Social Security
The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations (Northern Ireland) 2008
Approved by resolution of the Assembly on 17th February 2009
Made 27th August 2008
Coming into operation 1st October 2008
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 1(3) and 2(1)(b) and (c), (2)(b) and (c), (3)(e) and (4)(d) of the Mesothelioma, etc., Act (Northern Ireland) 2008.
Citation, commencement and interpretation
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.
Disqualifying payments
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.
Disregarded payments
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.
Presence in the United Kingdom
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.
Amount of lump sum payment
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
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 116,152
 38 113,893
 39 111,640
 40 109,386
 41 107,128
 42 104,873
 43 103,749
 44 102,614
 45 101,490
 46 100,362
 47 99,234
 48 96,082
 49 92,926
 50 89,762
 51 86,610
 52 83,443
 53 81,190
 54 78,939
 55 76,688
 56 74,421
 57 72,166
 58 66,305
 59 60,438
 60 54,582
 61 48,716
 62 42,853
 63 39,244
 64 35,631
 65 32,028
 66 28,418
 67 24,810
 68 24,074
 69 23,337
 70 22,612
 71 21,879
 72 21,149
 73 20,524
 74 19,888
 75 19,279
 76 18,668
 77 or over 18,047

Table 2
Amount of lump sum payment to dependant
Age of person with mesothelioma at death Payment£
 37 or under 60,446
 38 59,148
 39 57,851
 40 56,554
 41 55,258
 42 53,962
 43 52,720
 44 51,468
 45 50,236
 46 48,996
 47 47,758
 48 46,237
 49 44,710
 50 43,190
 51 41,673
 52 40,150
 53 38,903
 54 37,668
 55 36,427
 56 35,178
 57 33,941
 58 30,509
 59 27,063
 60 23,628
 61 20,187
 62 16,743
 63 15,760
 64 14,785
 65 13,784
 66 12,800
 67 or over 10,007