Mesothelioma and asbestos-related disease compensation Scotland

Diffuse Mesothelioma Scheme 2008

Most of those who develop Diffuse Mesothelioma have worked in jobs or been in environments where they have been exposed to asbestos dust particles in the air.

Where the illness is as a result of occupational exposure to asbestos and the person has been an employed earner he/she can claim under the Industrial Injuries Disablement Benefit (IIDB) Scheme and potentially the Pneumoconiosis etc. (Workers Compensation) Act 1979.

However, there are a number of cases of Diffuse Mesothelioma each year who have no occupational causation, who therefore cannot claim under the IIDB Scheme and the 1979 Scheme. The 2008 Diffuse Mesothelioma Scheme seeks to compensate this group of people.


You can claim a one-off lump sum payment if you:

  • aren’t entitled to a payment under the 1979 Pneumoconiosis Act
  • haven’t been given a payment for the disease from an employer, a civil claim or elsewhere
  • aren’t entitled to compensation from a Ministry of Defence scheme

Your exposure to asbestos must have happened in the United Kingdom. For example:

  • you came into contact with asbestos from a relative – eg by washing their clothes
  • you were exposed to asbestos in the environment – eg you lived near a factory using asbestos
  • your exposure to asbestos was while self-employed
  • your exposure cannot be specified but it occurred in the United Kingdom

An application to the Diffuse Mesothelioma Scheme must be made within 12 months of diagnosis.

The Department for Work & Pensions (DWP) has issued guidance for doctors regarding the Diffuse Mesothelioma Scheme

The amount of lump-sum payment to a person with mesothelioma is determined by their age.

A payment under the 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.

Dependants’ Claim

If you’re the dependant (spouse, child, partner or relative) of someone who suffered from an asbestos-related disease but who has died, you may be able to make a claim for the compensation outlined above.

A dependants’ claim must be made within 12 months of the death of the sufferer.

Please contact us for further advice and information:

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

Last updated February 2020