Social Security (Statutory Instruments)

Lindsay Hoyle Excerpts

Monday 9th February 2015 Commons Chamber

[The Minister for Disabled People (Mr Mark Harper)]

I beg to move,

That the draft Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2015, which were laid before this House on 14 January, be approved.

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

With this we shall take the following motion, on pneumoconiosis:

That the draft Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2015, which were laid before this House on 14 January, be approved.

[Mr Harper]

I am sorry that the names of these regulations are not very catchy, but they are important none the less. I confirm that they are compatible with the European convention on human rights. The two schemes stand apart from the main social security uprating procedure, and there is no legislative requirement to review the level of payment each year. However, I am happy to increase the amounts payable for 2015 by the consumer prices index—that is, 1.2% as at September 2014, which is the same rate being applied to some social security disability benefits and industrial injuries disablement benefit. I was here for the previous debate when my right hon. Friend the Minister for Pensions clearly set out why CPI, rather than the discredited retail prices index, is the right measure by which to increase these benefits. I do not propose to detain the House by repeating his very clear and detailed explanation.

The Government recognise that people suffering from diseases as a result of exposure to asbestos or one of a number of other listed agents may not be able to bring a successful claim for civil damages, partly due to the time lag between exposure and the onset of the disease, which could be as long as 40 years. As well as compensating people who cannot make civil claims, these two schemes fulfil an important role by ensuring that most sufferers receive compensation while they can still benefit from it.

The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 provides a lump sum compensation payment to those who suffer from one of five dust-related respiratory diseases, who are unable to claim damages from employers who have gone out of business, and who have not brought any action against others for damages. The 2008 scheme provides compensation to people who contracted mesothelioma but were unable to claim compensation for that disease under the ’79 Act, perhaps because their exposure to asbestos was not due to their work. The 2008 scheme means that payments can be made quickly to mesothelioma sufferers at their time of greatest need.

Under both schemes, a claim can be made by a dependant if the sufferer has died before being able to make a claim. Payment levels under the ’79 Act scheme are mainly based on the level of the disablement assessment and the age of the sufferer at the time the disease is diagnosed. The highest amounts are paid to those diagnosed at an early age and with the highest level of disablement. All payments for mesothelioma under the ’79 Act scheme are made at the 100% disablement rate—the highest rate of payment. Similarly, all payments under the 2008 scheme are made at the 100% disablement rate and based on age, again with the highest payments going to the younger sufferers. In the last full year, April 2013 to March 2014, over 3,700 payments were made in respect of both schemes, totalling over £54 million.

These regulations increase the levels of support through the Government compensation schemes. I am sure we all agree that while no amount of money can ever compensate individuals and families for the suffering and loss caused by mesothelioma, those who are suffering rightly deserve some form of monetary compensation. I commend the regulations to the House.