The Child Maintenance and Other Payments Act 2008 has introduced new rules meaning anyone diagnosed with mesothelioma can now claim benefits

Mesothelioma is a terminal cancer of the lining of the lungs (or abdominal cavity) caused only by asbestos exposure. It has no known cure and sufferers usually deteriorate rapidly experiencing intense and debilitating symptoms, such as chronic chest pain and shortness of breath. This new legislation is an acknowledgement from the Government that this is a unique disease that deserves greater attention.

In the 1970s, the Government introduced the Pneumoconiosis Workers Compensation Act 1979 (PWC) which enabled some mesothelioma sufferers to receive a lump sum payment from the Government.  However, this scheme was restricted and PWC payments were only made to those exposed to asbestos during the course of employment where their original employer had ceased to trade.  

The new legislation means any mesothelioma sufferer irrespective of whether they come within this category can claim a lump sum payment.  Most notably this will include the following:

• Those exposed to asbestos while self-employed
•  Wives of workers exposed to asbestos when washing their husbands’ clothes
•  Where the original employer responsible for asbestos exposure continues in business
•  Cases arising from environmental exposure, i.e. living near an asbestos factory. 
  

This makes England and Wales only the second jurisdiction to award lump sum payments to all mesothelioma sufferers: Netherlands being the first.

The new legislation addresses a further aspect of the old system, which was heavily criticised.  Previously, the Government were not able to recoup PWC sums they paid out from those responsible for the original asbestos exposure.  In fact, Defendants and insurers have been able to reduce the amount of compensation paid in a civil court claim to account for sums already received from the Government.  This has now changed, meaning that the Government’s Compensation Recovery Unit can now claim back from Defendants any lump sum payments paid out to victims.

The Government has also taken note of the limited life expectancy of sufferers.  It has therefore proposed measures to ensure that payments are made within 6 weeks of diagnosis provided the sufferer makes a claim immediately.  

The new legislation working in conjunction with the Pneumoconiosis Workers Compensation Act 1979 will now mean that all mesothelioma sufferers will be entitled to claim a lump sum.  Initially with the new scheme however the amounts paid will generally be lower than those paid out under the PWC Act, but it is hoped this will increase gradually to equal PWC payments in future years.  As the Government are now able to recoup monies from the Defendants or their insurers, it is anticipated that the funds available to compensate sufferers will increase over time.

Comments:
The legislation will provide much needed support to sufferers and their families who all have to endure the devastating effects of this disease.  Once families have come to terms with the shock of diagnosis, they have to start thinking about the financial implications of the disease often at a time when the main breadwinner is unable to work.  These benefits will provide essential assistance for care, medical treatment and other financial needs.

The legislation also addresses the inequitable position where previously defendants or their insurance companies used to benefit from Government payments.  The new system should therefore be fairer and put less pressure on the taxpayer.   

Leigh Day & Co specialise in claims for asbestos disease victims and have extensive experience of acting for mesothelioma sufferers and their families.  We offer free advice to our clients on available state benefits. Please contact Daniel Easton or Vijay Ganapathy for a free initial consultation on 020 7650 1200.