The Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008

Made: 18th June 2008

Laid before Parliament: 25th June 2008

Coming into force: 1st October 2008

The Secretary of State for Work and Pensions in exercise of the powers conferred by section 48(1) to (3), 49(2), 50(4) and 53(2) of the Child Maintenance and Other Payments Act 2008¹ makes the following Regulations.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Mesothelioma Lump Sum Payments (Claims and Reconsiderations) Regulations 2008 and shall come into force on 1st October 2008.

• (2) In these Regulations—

• “claim” means a claim under section 46(1) of the Child Maintenance and Other Payments Act 2008;

• “mesothelioma” means diffuse mesothelioma.

Making a claim

2

• (1) Subject to paragraph (2), a claim must be made in writing, signed by or on behalf of the person making the claim, on a form approved by the Secretary of State and accompanied by the documents specified in the form.

• (2) A claim may be made in such other manner, being in writing, as the Secretary of State may accept as sufficient in the circumstances of any particular case.

Time for making a claim

3

• (1) A claim by a person who has been diagnosed with mesothelioma before the coming into force of these Regulations must be made within 12 months from the date on which these Regulations come into force.

• (2) A claim by any other person with mesothelioma must be made within 12 months from the date on which that person was first diagnosed with mesothelioma.

• (3) A claim by a dependant must be made within 12 months from the date of death of the person who, immediately before death, had mesothelioma.

• (4) Where the Secretary of State considers there was good cause for the claim not being made within the 12 month time limit referred to in paragraphs (1) to (3), he may extend the time limit for such period as he considers appropriate in the circumstances, provided that the time limit is not extended for a death or diagnosis which occurred more than 12 months before the date these Regulations come into force.

Reconsideration

4

• (1) An application made to the Secretary of State for reconsideration of a determination that a payment should or should not be made must—

• (a) be made within one month of the date of notification of the determination, and

• (b) specify the ground for the request and give such other relevant information as the Secretary of State may require in order to deal adequately with the reconsideration.

• (2) The Secretary of State may, at any time, in writing, institute a reconsideration of a determination that a payment should or should not be made.

Appeal treated as reconsideration

5

• (1) Where a person appeals against a determination made by the Secretary of State on a claim, the Secretary of State may treat the appeal as an application for reconsideration under section 49 of the Child Maintenance and Other Payments Act 2008.

• (2) Where—

• (a) an appeal against a determination that a payment should not be made is treated as an application for reconsideration, and

• (b) on the reconsideration the Secretary of State decides that a payment should be made,

the Secretary of State shall not refer the appeal to an appeal tribunal.

• (3) Except where paragraph (2) applies, where an appeal is treated as an application for reconsideration, the Secretary of State shall delay referring the appeal to the appeal tribunal until after the reconsideration.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

William D McKenzie — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 18th June 2008

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations provide for claims for a lump sum payment for mesothelioma under section 46 of the Child Maintenance and Other Payments Act 2008 and for reconsideration of a determination on such a claim.

Regulations 2 and 3 provide respectively for the form and the time limits for a claim.

Regulation 4 provides for the form and time limits for a reconsideration.

Regulation 5 allows an appeal to be treated as an application for reconsideration, before or instead of an appeal.

A full impact assessment has not been published for this instrument as it has no impact on the private or voluntary sectors.

Footnotes