Legislation – Child Maintenance and Other Payments Act 2008

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4Lump sum payments: mesothelioma etc.

Mesothelioma lump sum payments

47Conditions of entitlement

(1)

In the case of a person who has diffuse mesothelioma, the conditions of entitlement are—

(a)

that no payment within subsection (3) has been made in consequence of the disease;

(b)

that the person is not eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

(c)

that such requirement, if any, as may be prescribed by regulations as to the person’s connection with the United Kingdom is satisfied.

(2)

In the case of a dependant of a person who, immediately before death, had diffuse mesothelioma, the conditions of entitlement are—

(a)

that no payment within subsection (3) has been made in consequence of the disease to that or another dependant or to the deceased or the deceased’s personal representatives;

(b)

that the dependant is not, and the deceased was not, eligible for any payment in consequence of the disease that is of a description prescribed by regulations;

(c)

that such requirement, if any, as may be prescribed by regulations as to the deceased’s connection with the United Kingdom is satisfied.

(3)

The payments referred to in subsections (1)(a) and (2)(a) are—

(a)

a payment under this Part or under corresponding provision made for Northern Ireland;

(b)

a payment under the 1979 Act or under corresponding provision made for Northern Ireland;

F1(ba)

a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);

(c)

an extra-statutory payment;

(d)

damages or a payment in settlement of a claim for damages;

(e)

a payment of a description prescribed by regulations.

(4)

A payment is to be disregarded for the purposes of subsection (1)(a) or (2)(a) if it has been, or is liable to be, repaid—

(a)

under section 49 of this Act or under corresponding provision made for Northern Ireland;

(b)

under section 5 of the 1979 Act or under corresponding provision made for Northern Ireland;

(c)

under the terms of an extra-statutory payment;

(d)

in circumstances prescribed for the purposes of this section by regulations.

(5)

In this section “extra-statutory payment” has the meaning given by section 1A(5)(d) of the Social Security (Recovery of Benefits) Act 1997 (c. 27).