Third Delegated Legislation Committee
Monday 19th October 2026
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18:09
Speaker 1
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Speaker 1
Elections bring the rates paid to dependence into line with those paid to those suffering themselves. Putting them on the same footing is both an obvious or in the environment around them. The central change is a welcome one. Both sets of change and fair. A family's need for support does not disappear because their loved one died before being able to make a claim. These changes recognize that and we support them. Turning first to the Workers Compensation regulations or using the ministers helpful language, the 1979 Act scheme. I also welcome the practical changes. References to medical boards that no longer exist are being replaced with an appointed medical practitioner.
The regulations also clarify which date is used to determine a person's age and the payment rate that applies. That should make the rules clearer for claimants and their families. The second set of regulations, the 2008 Act scheme, concerns mesothelioma, a devastating cancer linked to asbestos exposure for those affected and for the people caring for them. Financial support needs to be accessible and timely. Bringing payments for bereaved dependants into line with those for people living with the disease is an important improvement. Both instruments also clarify what happens when someone makes a claim but dies before payment is made.
They provide for payment to the person's personal representatives, the people responsible for dealing with their estate. Once the required legal evidence has been supplied. That clarity is welcome. However, it needs to work in practice for people who are already dealing with bereavement. There are four matters on which I'd be grateful for the minister's reassurance. First, the explanatory memorandum says that dependants will benefit from the higher basic awards when the existing top ups are removed. However, the workers compensation regulations also remove a TB related top up paid to sufferers themselves. Can the minister confirm whether anyone in that group could receive less under the new arrangements, and, if so, what protection has been considered?
Second, what steps will the department take to avoid delays where payment must be made through someone's estate? The regulations will require evidence of probate or the equivalent legal authority. What practical, practical support will be available and how quickly will payments be processed once that evidence is received? Bereaved families should have clear information about what they need to provide and what happens next. Third, how will these changes be communicated? The explanatory memorandum for the Workers Compensation Regulations says that no bespoke guidance is being produced, although internal instructions for staff will be updated. Will the department work with specialist nurses, clinicians and support organisations so that eligible people understand what they can claim and how to apply?
The organisations closest to patients and their families are often best placed to help them access support. Finally, I'd like to ask about the transition under the Workers Compensation Scheme regulations. The changes apply where the person first meets the conditions of entitlement on or after the 31st of October 2026. Under the second instrument, the increased dependent rates apply where the person suffering dies on or after that date. What consideration has been given to people who fall just before those cut offs, but whose claims are still outstanding? They may remain entitled under the existing rules but will miss out on the improvements.
Can the Minister explain the approach taken and whether any transitional protection was considered? As I say, chair, we support these changes. We want to see them delivered clearly and promptly so that people facing serious illness and families dealing with loss receive the support they are entitled to.
The regulations also clarify which date is used to determine a person's age and the payment rate that applies. That should make the rules clearer for claimants and their families. The second set of regulations, the 2008 Act scheme, concerns mesothelioma, a devastating cancer linked to asbestos exposure for those affected and for the people caring for them. Financial support needs to be accessible and timely. Bringing payments for bereaved dependants into line with those for people living with the disease is an important improvement. Both instruments also clarify what happens when someone makes a claim but dies before payment is made.
They provide for payment to the person's personal representatives, the people responsible for dealing with their estate. Once the required legal evidence has been supplied. That clarity is welcome. However, it needs to work in practice for people who are already dealing with bereavement. There are four matters on which I'd be grateful for the minister's reassurance. First, the explanatory memorandum says that dependants will benefit from the higher basic awards when the existing top ups are removed. However, the workers compensation regulations also remove a TB related top up paid to sufferers themselves. Can the minister confirm whether anyone in that group could receive less under the new arrangements, and, if so, what protection has been considered?
Second, what steps will the department take to avoid delays where payment must be made through someone's estate? The regulations will require evidence of probate or the equivalent legal authority. What practical, practical support will be available and how quickly will payments be processed once that evidence is received? Bereaved families should have clear information about what they need to provide and what happens next. Third, how will these changes be communicated? The explanatory memorandum for the Workers Compensation Regulations says that no bespoke guidance is being produced, although internal instructions for staff will be updated. Will the department work with specialist nurses, clinicians and support organisations so that eligible people understand what they can claim and how to apply?
The organisations closest to patients and their families are often best placed to help them access support. Finally, I'd like to ask about the transition under the Workers Compensation Scheme regulations. The changes apply where the person first meets the conditions of entitlement on or after the 31st of October 2026. Under the second instrument, the increased dependent rates apply where the person suffering dies on or after that date. What consideration has been given to people who fall just before those cut offs, but whose claims are still outstanding? They may remain entitled under the existing rules but will miss out on the improvements.
Can the Minister explain the approach taken and whether any transitional protection was considered? As I say, chair, we support these changes. We want to see them delivered clearly and promptly so that people facing serious illness and families dealing with loss receive the support they are entitled to.
18:13
18:14
Speaker 3
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Speaker 3
Well, doctor, let me thank the honourable member for his support for this measure. The debate has been informed as it is and supported as it is every year, because of the very wide recognition of the scale of the impact on those who are affected by these terrible diseases that are covered by the schemes. And I welcome, as usual in this debate, the cross-party support. The government shares the commitment that members of the House have to making sure that people affected by these devastating diseases and their families receive the support that they should expect. The reforms are intended to strengthen and, as the honourable member pointed out, to simplify these long standing compensation schemes while making sure that support is delivered in a way that is fair and clear and consistent between different claimants.
The reforms will align compensation payable to dependants with that payable to sufferers under both the schemes, and will introduce provision for payment to personal representatives. As the honourable member touched on, where a claimant dies after making a valid claim, but before payment can be made for the Did it dies after making a valid claim, but before payment can be made for the 1979 Act scheme. The regulations also introduce a clear.
The reforms will align compensation payable to dependants with that payable to sufferers under both the schemes, and will introduce provision for payment to personal representatives. As the honourable member touched on, where a claimant dies after making a valid claim, but before payment can be made for the Did it dies after making a valid claim, but before payment can be made for the 1979 Act scheme. The regulations also introduce a clear.