Exclusion of payments under other legislation: England and Wales and Scotland

1In section 2 of the Pneumoconiosis etc (Workers’ Compensation) Act 1979—
(a)at the end of subsection (1)(b) (but before the “and”) insert—
“(ba)that no application has been made for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);”;
(b)at the end of subsection (2)(c) (but before the “and”) insert—
“(ca)that no application has been made by the deceased, or any dependant, for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);”.
2In section 47(3) of the Child Maintenance and Other Payments Act 2008 after paragraph (b) insert—
“(ba)a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);”.

Exclusion of payments under other legislation: Northern Ireland

3The Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979 (S.I.1979/925 (N.I. 9)) is amended as follows.
4In Article 3(3) at the end of sub-paragraph (b) (but before the “and”) insert—
“(ba)that no application has been made for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);”.
5In Article 4(3) at the end of sub-paragraph (c) (but before the “and”) insert—
“(ca)that no application has been made by the deceased, or any dependant, for a payment under the Diffuse Mesothelioma Payment Scheme in respect of the disease (for the scheme, see the Mesothelioma Act 2014);”.
6In section 2(3) of the Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9) after paragraph (b) insert—
“(ba)a payment under the Diffuse Mesothelioma Payment Scheme (for the scheme, see the Mesothelioma Act 2014);”.
Source: http://www.legislation.gov.uk


Part 1Recovery of benefits etc from scheme payments

Recovery of benefits etc from scheme payments: England and Wales and Scotland

1The Social Security (Recovery of Benefits) Act 1997 is amended as follows.
2In section 1(2)—
(a)omit the word “or” at the end of paragraph (a);
(b)at the end of paragraph (b) insert “, or
(c)under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014);”.
3After section 8 insert—


“8AReduction of payment under Diffuse Mesothelioma Payment Scheme
(1)This section applies instead of section 8 in a case where the compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme.
(2)The gross amount of the compensation payment—
(a)is to be reduced by the amount of the recoverable benefit, and
(b)accordingly, is to be reduced to nil in any case where the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment.
(3)Any claim of a person to receive the compensation payment is to be treated for all purposes as discharged if—
(a)the person is paid the gross amount of the compensation payment less the amount of the recoverable benefit, or
(b)the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment and the person is given a statement by the scheme administrator saying that the compensation payment has been reduced to nil.”
4In section 10 after subsection (3) insert—
“(4)The scheme administrator of the Diffuse Mesothelioma Payment Scheme may not apply for a review under this section.”
5In section 11(2) after paragraph (b) insert—
“but the scheme administrator of the Diffuse Mesothelioma Payment Scheme may not appeal under this section.”
6In section 13(2) after paragraph (c) insert—
“but the scheme administrator of the Diffuse Mesothelioma Payment Scheme may not appeal under this section.”
7In section 29 at the end insert—
·         ““scheme administrator”, in relation to the Diffuse Mesothelioma Payment Scheme, has the meaning given by section 18 of the Mesothelioma Act 2014.”
8In the following provisions after “section 8” insert “or 8A”—
·         section 9(1), (2), (3)(a) and (4)(a);
·         section 11(2)(b);
·         section 13(2)(c);
·         section 14(4)(a);
·         section 19(3)(b);
·         section 20(4)(a);
·         section 21(1) and (5)(a).

Recovery of benefits etc from scheme payments: Northern Ireland

9The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12)) is amended as follows.
10In Article 2(2) at the appropriate place insert—
·         ““scheme administrator”, in relation to the Diffuse Mesothelioma Payment Scheme, has the meaning given by section 18 of the Mesothelioma Act 2014.”
11In Article 3(2)—
(a)omit the word “or” at the end of sub-paragraph (a);
(b)at the end of sub-paragraph (b) insert “, or
(c)under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014);”.
12After Article 10 insert—
“10AReduction of payment under Diffuse Mesothelioma Payment Scheme
(1)This Article applies instead of Article 10 in a case where the compensation payment is a payment under the Diffuse Mesothelioma Payment Scheme.
(2)The gross amount of the compensation payment—
(a)is to be reduced by the amount of the recoverable benefit, and
(b)accordingly, is to be reduced to nil in any case where the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment.
(3)Any claim of a person to receive the compensation payment is to be treated for all purposes as discharged if—
(a)the person is paid the gross amount of the compensation payment less the amount of the recoverable benefit, or
(b)the amount of the recoverable benefit is equal to or greater than the gross amount of the compensation payment and the person is given a statement by the scheme administrator saying that the compensation payment has been reduced to nil.”
13In Article 12 after paragraph (3) insert—
“(4)The scheme administrator of the Diffuse Mesothelioma Payment Scheme may not apply for a review under this Article.”
14In Article 13(2) after sub-paragraph (b) insert—
“but the scheme administrator of the Diffuse Mesothelioma Payment Scheme may not appeal under this Article.”
15In Article 15(2) after sub-paragraph (c) insert—
“but the scheme administrator of the Diffuse Mesothelioma Payment Scheme may not appeal under this Article.”
16In the following provisions after “Article 10” insert “or 10A”—
·         Article 11(1), (2), (3)(a) and (4)(a);
·         Article 13(2)(b);
·         Article 15(2)(c);
·         Article 16(4)(a);
·         Article 21(3)(b);
·         Article 22(4)(a);
·         Article 23(1) and (5)(a).

Part 2Recovery of scheme payments from compensation

Recovery of scheme payments from compensation: England and Wales and Scotland

17(1)Section 1A of the Social Security (Recovery of Benefits) Act 1997 is amended as follows.
(2)In subsection (2)—
(a)omit the word “and” at the end of paragraph (b), and
(b)at the end of paragraph (c) insert “, and
(d)a payment under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014),
(but this subsection does not apply to a payment within paragraph (d) in a case where the compensation payment is itself such a payment).”
(3)In subsection (4)(a) for the words from “by or” to “extent” substitute “as specified in section 1(2)(a) or (c)”.

Recovery of scheme payments from compensation: Northern Ireland

18(1)Article 3A of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183 (N.I. 12)) is amended as follows.
(2)In paragraph (2)—
(a)omit the word “and” at the end of sub-paragraph (b), and
(b)at the end of sub-paragraph (c) insert “, and
(d)a payment under the Diffuse Mesothelioma Payment Scheme (established under the Mesothelioma Act 2014),
(but this paragraph does not apply to a payment within sub-paragraph (d) in a case where the compensation payment is itself such a payment).”
(3)In paragraph (4)(a) for the words from “by or” to “extent” substitute “as specified in Article 3(2)(a) or (c)”.

Part 3Information sharing

19In section 23 of the Social Security (Recovery of Benefits) Act 1997 after subsection (6) insert—
“(6A)The following persons must give the Secretary of State the prescribed information for the purposes of this Act—
(a)the scheme administrator of the Diffuse Mesothelioma Payment Scheme, and
(b)any person providing services to the scheme administrator.”
20In Article 25 of the Social Security (Recovery of Benefits) (Northern Ireland) Order 1997 (S.I. 1997/1183) (N.I. 12) after paragraph (6) insert—
“(6A)The following persons must give the Department the prescribed information for the purposes of this Order—
(a)the scheme administrator of the Diffuse Mesothelioma Payment Scheme, and
(b)any person providing services to the scheme administrator.”
21In section 3 of the Social Security Act 1998 (use of information) at the end of subsection (1A) insert—
“(f)the Diffuse Mesothelioma Payment Scheme.”

Source: http://www.legislation.gov.uk/

Regulations under this Act
(1)Regulations under this Act are to be made by statutory instrument.
(2)A statutory instrument containing—
(a)the first regulations under section 1 (the scheme), or
(b)regulations under section 7(3)(b) or 10,
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(3)Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, unless it contains regulations under section 7(5) only.
(4)Regulations under this Act may include incidental, supplementary, consequential, transitional, transitory or saving provision.


Defined terms used in more than one section of this Act
(1)In this Act—
  • “application” means an application for a payment under the scheme;
  • “active insurer” has the meaning given by section 13;
  • “the compulsory insurance legislation” means—
(a)
the Employers’ Liability (Compulsory Insurance) Act 1969, or
(b)
the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972 (S.I. 1972/963 (N.I. 6));
  • “damages” includes a payment in settlement of a claim for damages;
  • “dependant”, in relation to a person who has died with diffuse mesothelioma, has the meaning given by section 3(1) of the Pneumoconiosis etc (Workers’ Compensation) Act 1979 (reading the reference to the Secretary of State as a reference to the scheme administrator);
  • “employers’ liability insurance”, in relation to an employer and a particular time, means insurance that the employer—
(a)
was required by the compulsory insurance legislation to maintain at that time, or
(b)
would have been required by the compulsory insurance legislation to maintain if that legislation had been in force at that time;
  • “the fatal accidents legislation” means—
(a)
the Fatal Accidents Act 1976,
(b)
the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), or
(c)
section 4 of the Damages (Scotland) Act 2011;
  • “levy” means a levy under section 13;
  • “relevant employer” has the meaning given by section 2;
  • “the scheme” means the Diffuse Mesothelioma Payment Scheme;
  • “scheme administrator” means the person for the time being administering the scheme (see section 7);
  • “the Technical Committee” means a committee established in accordance with arrangements under section 15.
(2)In determining for the purposes of this Act whether an employer would have been required to maintain insurance if the compulsory insurance legislation had been in force at any given time, assume that any exemption that has at any time applied under the following provisions applied at the time in question—
(a)section 3(1)(a) to (c) of the Employers’ Liability (Compulsory Insurance) Act 1969, and
(b)Article 7(a) to (c) of the Employer’s Liability (Defective Equipment and Compulsory Insurance) (Northern Ireland) Order 1972.
(3)The scheme may specify circumstances in which a person is, or is not, to be treated as able to bring an action for the purposes of section 2(1)(d) or 3(1)(c).
Commencement
(1)This Act comes into force on such day or days as the Secretary of State may by order appoint, subject as follows.
(2)This section and sections 20 and 21 come into force on the day on which this Act is passed.
(3)The Secretary of State may by order make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
(4)An order under subsection (1) may appoint different days for different purposes.
(5)An order under this section is to be made by statutory instrument.
Extent
(1)This Act extends to—
(a)England and Wales,
(b)Scotland, and
(c)Northern Ireland.
(2)Any amendment or repeal made by this Act has the same extent as the enactment to which it relates.
Short title
This Act may be cited as the Mesothelioma Act 2014.

Source: http://www.legislation.gov.uk/
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