The Queen’s speech on 6 November 2007 outlined the Government’s plans for the forthcoming 2007-8 Parliamentary Session. Amongst the 29 Bills to be introduced is the Child Maintenance and Other Payments Bill.

When a person is diagnosed with an asbestos related disease they may be entitled to a one off payment from the government under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. This has nothing to do with a civil action against employers. This scheme is designed to compensate you if you cannot get compensation from the employers who caused your disease, because they have gone out of business. The payments vary from a few thousand to £63,808 depending on your age and whether you are the sufferer, their partner or dependant.

As the law stands at the moment a victim is only entitled to this lump sum payment if he or she has been exposed to asbestos through employment. Unfortunately, increasing numbers of people are falling victim to the perils of asbestos despite never having worked with the deadly substance. A wife who used to wash her husband’s overalls after he had worked with asbestos, a child who innocently played near an asbestos factory when he or she was younger, a self-employed person and those who are simply not aware of where they have come into contact with asbestos are not eligible for the payment. One of the aims of the Government is to change this.

As soon as the legislation is passed through parliament all those diagnosed with mesothelioma would be eligible for the payment and would not have to be in receipt of Industrial Injuries Disablement Benefit before they could apply. The aim is to provide quick, up-front financial support to people who were previously not eligible for payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979. The law will apply to England, Scotland and Wales. If it keeps to its timetable then it should be law in May 2008.

The Child Maintenance and Other Payments Bill aims to fund the scheme by introducing a compensation recovery process. This would allow the Government to recover the lump sum payment made under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 from any subsequent civil compensation claim made in respect of the same person.

Ellen Butler – Trainee Solicitor
John Pickering and Partners LLP
20 Clare Road
Halifax
HX1 2HX
Tel:                 01422 345 535
E-mail:           eb@johnpickering.co.uk