Draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026 Draft
Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2026
(3 days, 17 hours ago)
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The Parliamentary Secretary to the Treasury (Torsten Bell)
I beg to move,
That the Committee has considered the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2026.
The Chair
With this it will be convenient to consider the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2026.
Torsten Bell
The instruments that we are debating today seek to increase the value of one-off lump sum payments made under two no-fault compensation schemes administered by the Department through the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the Child Maintenance and Other Payments Act 2008. Although there is no statutory requirement to increase these rates in line with prices, there has long been cross-party consensus that we should do so. The Government therefore intend to increase the value of lump sum awards by 3.8%, in line with the September 2025 consumer prices index. These new rates will apply to those who first become entitled to a payment from 1 April 2026. That also means that the increase will once again be in line with the proposed increases to industrial injuries disablement benefit as part of the main social security uprating provisions for 2026-27, debated on the Floor of the House yesterday.
By way of background, the 1979 Act scheme provides a single lump sum compensation payment to eligible people with the diseases covered by the scheme. That includes pneumoconiosis and diffuse mesothelioma. It was designed to cover people who were unable to claim damages from employers because, for example, they had gone out of business, and people who have not brought any action against another party for damages. To be eligible for a lump sum award, a claimant must be awarded industrial injuries disablement benefit for a disease covered by the 1979 Act scheme.
The 2008 Act scheme was introduced to provide compensation to people diagnosed with mesothelioma who were unable to claim compensation under the 1979 Act. That may have been because they were self-employed or because their exposure to asbestos was not due to their work. The 2008 Act scheme provides no-fault support to sufferers of diffuse mesothelioma quickly at a time of their greatest need. To recognise the suffering that these diseases can bring to the whole family, claims can be made to either scheme by a dependant, if the person with the disease sadly passes away before being able to make a claim.
I am sure that all hon. Members will join me in recognising the continued importance of the compensation schemes offered by the 1979 and 2008 Acts. Finally, I am required to confirm that these provisions are compatible with the European convention on human rights, and I am happy to do so. I commend the increases to the payment rates under these two schemes to the Committee and ask for approval to implement.
Mark Garnier (Wyre Forest) (Con)
We welcome the uprating for both the mesothelioma lump sum payments and the Pneumoconiosis etc. (Workers’ Compensation) Act payments. This has been done on an annual basis and over many Governments. Today’s regulations specifically provide a 3.8% increase in line with the September 2025 consumer prices index rate. We welcome that inflation-linked increase so that the compensation amounts are more representative of today’s cost of living. That is especially important in this instance, given how debilitating these diseases can be.
Colleagues will know that mesothelioma is a rare and aggressive cancer with known links to asbestos exposure. Pneumoconiosis is equally serious, often affecting those who worked in heavy industries such as coalmining. What is cruel about both those diseases is that it can take years for symptoms to start presenting themselves, and therefore, by the time that someone receives a diagnosis, in most cases it is already advanced and leaves them with little time to react. The other issue with the latency of diagnosis is that many sufferers struggle to pursue civil claims against employers. These schemes help to address those issues and provide decency for people affected. They also underpin the point that our benefits system should be a critical safety net for the some of the most vulnerable people in our society. I reiterate that the Opposition welcome this compensation lump sum uplift today and support the Government’s proposals.
Torsten Bell
I thank the Opposition for their support for the regulations. I will not reiterate what I said in the opening beyond fully endorsing the case made by the Opposition about the importance of these payments and their uprating. Hon. Members will know that these schemes are only a part of the way that the Government provide support and compensation to people suffering from these diseases. The industrial injuries disablement benefit provides weekly payments as well, which are important for those who have had an industrial accident or developed certain diseases, including those covered by the lump sum compensation schemes that we are talking about today.
On the point about the nature of these diseases being caused by dust exposure, it is important to spell out the importance of the work of the Health and Safety Executive on the prevention front, and of the NHS in providing support to those who have had a diagnosis of these diseases. On the point made by the hon. Member for Wyre Forest about the importance of early diagnosis when possible, given the nature of these diseases, I want to refer hon. Members to the work of the national lung cancer screening programme, which exists precisely for that purpose.
We all believe that cross-party support on this measure is important—it continues as it has since 2010. It is an important part of how we provide support to individuals living with these diseases and their families. I commend the regulations to the Committee.
Question put and agreed to.
DRAFT PNEUMOCONIOSIS ETC. (WORKERS’ COMPENSATION) (PAYMENT OF CLAIMS) (AMENDMENT) REGULATIONS 2026
Resolved,
That the Committee has considered the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2026.—(Torsten Bell.)