Bereaved families are receiving higher compensation under changes taking effect on Saturday 31 October 2026, ending lower payment rates for eligible dependants of people who died from asbestos-related and certain other dust diseases.
The reform applies to two government lump-sum schemes which help people who cannot obtain compensation from an employer, often because the business no longer exists. The Department for Work and Pensions (DWP) estimates that around 300 families a year will benefit. The changes follow more than a decade of campaigning by asbestos victims’ groups.
How much more could families receive?
Under the 2008 diffuse mesothelioma scheme, the government’s example is a dependant of someone who died aged 60. Their payment would increase from £24,526 to £56,656, a rise of £32,130, if the claim meets the new eligibility rules.
Under the separate 1979 pneumoconiosis compensation scheme, the DWP gives the example of a 60-year-old with an assessed disablement level of 31 to 40 per cent. The dependant payment rises from £21,011 to £34,062 in a qualifying case.
These are illustrations, not fixed awards for every family. Payments vary according to factors such as the scheme, age and, under the 1979 scheme, the relevant disablement assessment.
In 2025, the average payment to a sufferer under the schemes was around £17,700, compared with about £10,700 for eligible dependants, according to the DWP. The government estimates the additional annual cost of equalising payments at £2 million to £6 million.
Who qualifies under the new rules?
The changes are not retrospective. The DWP says they apply to new dependant claims made from 31 October 2026. However, the legal eligibility conditions are more specific than the claim date alone.
- For the 2008 diffuse mesothelioma scheme, the increased dependant rate applies where the person with mesothelioma died on or after 31 October 2026. A family cannot obtain the higher rate merely by making a fresh claim now if the death occurred earlier.
- For the 1979 pneumoconiosis scheme, the new regulations apply where the conditions of entitlement to payment are first met on or after 31 October 2026. The relevant circumstances need to be assessed under that scheme.
The reforms also clarify who can receive payment if a claimant dies after submitting an application but before the award is paid. Families should check the scheme rules rather than assume that every older case will be recalculated.
Why campaigners wanted the law changed
Asbestos victims’ organisations argued that families should not be paid less simply because their relative died before submitting a claim. Clydebank Asbestos Group, part of the Asbestos Victims Support Group Forum UK, said it had campaigned for years against the disparity and welcomed the legislation when it was announced in September.
Minister for Social Security and Disability Sir Stephen Timms described the change as a way to remove a longstanding financial disadvantage faced by bereaved families. The announcement follows an independent legal review of the compensation arrangements.
Asbestos exposure is still causing deaths
Mesothelioma is a cancer strongly associated with asbestos exposure. Pneumoconiosis covers a group of lung diseases caused by inhaling certain harmful dusts. The impact of historic exposure continues long after the original work took place.
The Health and Safety Executive recorded 2,146 mesothelioma deaths in Great Britain in 2024. That figure concerns mesothelioma deaths overall; it is not a count of families eligible for these compensation schemes.
What about Northern Ireland?
The rules for Great Britain and Northern Ireland are made separately. Although the DWP’s 31 October announcement says equivalent Northern Ireland changes are expected in due course, Northern Ireland had already made matching mesothelioma regulations on 5 October, with a commencement date of 31 October. Its corresponding pneumoconiosis regulations were affirmed by the Assembly on 20 October, with commencement set for 31 October or the day after approval, whichever was later.
Families in Northern Ireland should use the Department for Communities’ relevant scheme guidance because eligibility is governed by separate regulations.
How can families make a claim?
The government’s dependant guidance explains the 2008 mesothelioma scheme. Eligible dependants must normally claim within 12 months of the person’s death. The official how-to-claim page provides forms and contact details, including the Industrial Injuries Disablement Benefit helpline on 0800 279 2322.
The government schemes discussed here should not be confused with the separate Diffuse Mesothelioma Payment Scheme (DMPS), which has different eligibility rules. A civil compensation claim against an employer or insurer is another distinct route, and payments can affect entitlement under government schemes.
Families can also seek free guidance from an asbestos victims’ support group. Anyone unsure which scheme applies, particularly where a death occurred before the commencement date, should seek specialist advice before relying on an estimated payment.
Sources
- Department for Work and Pensions: 31 October announcement
- 2008 mesothelioma scheme: amending regulations
- 1979 pneumoconiosis scheme: amending regulations
- Northern Ireland: mesothelioma amending regulations
- Northern Ireland Assembly: 20 October proceedings
- Clydebank Asbestos Group: campaign response
- Health and Safety Executive: mesothelioma mortality figures
