Dependants

Applications to the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and Diffuse Mesothelioma Scheme 2008 can be made by a dependant after the sufferer has died.

Payments 

 

pay rateApplications must be made within a strict time period of 12 months after death.   You will need to get the legal right to deal with the deceased’s property, money and possessions (their ‘estate’) before any payment can be made to you. A successful application will be paid at a lesser rate than that which would have been paid to the sufferer in life.

 

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The application should be made using application form PWC1.

 

Please note: A payment under the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 or Diffuse Mesothelioma Scheme 2008 may adversely affect any existing entitlement you may already have to other state(government) means-tested benefit such as Universal Credit, Income Support, Pension Credit, Housing Benefit etc. We strongly advise you to contact us before applying

 

Eligible Dependant Definition

A relative or person financially dependent on deceased the at the time of the sufferer’s death.

  • An eligible dependant is likely to be a spouse who was living with the sufferer or was receiving financial support from the sufferer.
  • Alternatively, if there is no spouse or partner an eligible dependant could be a child (or children) who is under 16, or is under 21 and not employed full time, or is incapable of self support.

 

Pneumoconiosis etc. (Workers’ Compensation) Act 1979 – Dependants:

 

(1) In this Act “dependant”, in relation to a person who, immediately before he died, was disabled by a disease to which this Act applies, means:

(a) if he left a spouse who was residing with him or was receiving or entitled to receive from him periodical payments for her maintenance, that spouse;

(b) if paragraph (a) above does not apply but he left a child or children who fall within subsection (2) below, that child or those children;

(c) if neither of the preceding paragraphs applies but he left a reputed spouse who was residing with him, that reputed spouse;

(d) if none of the preceding paragraphs applies, any relative or relatives of his who fall within subsection (2) below and who were, in the opinion of the Secretary of State, wholly or mainly dependent on him at the date of his death.

(2) A person falls within this subsection if, at the relevant date, he was:

(a) under the age of 16;

(b) under the age of 21 and not gainfully employed full-time; or

(c) permanently incapable of self-support;

and in this subsection “relevant date” means the date of the deceased’s death or the date of the coming into force of this Act, whichever is the later.

(3) Where any payment under this Act falls to be made to two or more persons, the payment shall be made to one of them or divided between some or all of them as the Secretary of State thinks fit.

(4) In this section:

  • “child” includes posthumous child;
  • “relative” means brother, sister, lineal ancestor or lineal descendant;

and for the purposes of this section a relationship shall be established as if any illegitimate child or step child of a person had been a child born to him in wedlock.

(5) In the application of subsection (1) above to Scotland, for paragraph (c) there shall be substituted the following paragraph:

(c) “if neither of the preceding paragraphs applies but he left a person residing with him who, but for some impediment to marriage, would be entitled to obtain a declarator of marriage with him by cohabitation with habit and repute, that person;”.

Welfare Reform Act 2007: Amendments to Pneumoconiosis etc. (Workers’ Compensation) Act 1979 Definition of Dependant

58 “Dependant”

(1) In section 3 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41) (dependants), in subsection (1) (definition of “dependant”)—

(a) in paragraph (a), after “spouse”, in each place, insert “or civil partner”;

and

(b) for paragraph (c) substitute—

“(c) if neither of the preceding paragraphs applies but he left a person who was residing with him and with whom he was in a qualifying relationship, that person;”.

(2) After subsection (2) of that section insert—

“(2A) For the purposes of subsection (1)(c)—

(a) two persons of the opposite sex are in a qualifying relationship if they are living together as husband and wife;

(b) two persons of the same sex are in a qualifying relationship if they are living together as if they were civil partners.

(2B) For the purposes of subsection (2A)(b), two persons of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.”

(3) Subsection (5) of that section (application of subsection (1) to Scotland: substitution of paragraph (c)) ceases to have effect.

(4) In Schedule 21 to the Civil Partnership Act 2004 (c. 33) (existing provisions to which the provisions of section 246 about interpretation of references to stepchildren apply), after paragraph 11 insert—

“11A Section 3(4) of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (“child” and “relative”: establishment of relationship).”

Pneumoconiosis etc. (Workers’ Compensation) Act 1979 Section 3

Welfare Reform Act 2007 

Child Maintenance and Other Payments Act 2008 – Part 4: Lump sum payments: mesothelioma etc.

The Mesothelioma Lump Sum Payments (Conditions and Amounts) Regulations 2008

Contains public sector information licensed under the Open Government Licence v3.0.

Last updated: April 2017