For years, there was an unfair difference between the government compensation paid to someone with an asbestos-related disease and the amount their family could receive if they died before making a claim.

The difference could run into tens of thousands of pounds. Families who were already dealing with the loss of someone close to them could receive substantially less simply because their loved one hadn’t claimed during their lifetime.

From 31 October 2026, that has changed.

Following years of campaigning, the Government has brought the payment rates for eligible dependants into line with those available to people claiming during their lifetime. The Department for Work and Pensions (DWP) estimates that around 300 families each year will benefit.

It’s a welcome change, although there are some important restrictions on who qualifies.

The new rules affect two government lump-sum schemes.

The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme (PWCA) provides payments to people with certain occupational diseases, including mesothelioma, asbestosis, asbestos-related lung cancer and diffuse pleural thickening. It is particularly relevant where the responsible employers have ceased trading and the other conditions for payment are met.

The 2008 Diffuse Mesothelioma Scheme provides payments to people with mesothelioma who cannot claim under the 1979 Act scheme and meet its other eligibility requirements. This includes some people exposed to asbestos outside employment, perhaps through washing a family member’s contaminated work clothes or living near a factory where asbestos was used. The scheme may also help eligible dependants who don’t know exactly how their loved one was exposed, provided the exposure took place in the UK.

Both schemes allow eligible dependants to claim after someone has died, provided the deceased person hadn’t already received a payment under the relevant scheme.

Previously, those dependant payments were calculated using lower rates than payments made to people during their lifetime.

The October 2026 reforms remove that difference.

The increases can be substantial. The Government has provided examples based on the 2026/27 payment rates.

Under the 1979 Act scheme, an eligible dependant of someone who died aged 60, with an assessed level of disablement of 31–40%, could previously have received £21,011.

Under the new rules, the equivalent payment is £34,062, an increase of £13,051.

The difference is even greater under the 2008 Diffuse Mesothelioma Scheme.

Where someone dies from mesothelioma aged 60, an eligible dependant could previously have received £24,526. Under the new rules, the payment increases to £56,656.

That’s an additional £32,130.

These are examples rather than fixed payments. The amount payable depends on the deceased person’s age and, under the 1979 Act scheme, their assessed level of disablement.

For families facing financial uncertainty following a death, the increases could make a considerable difference.

The changes apply to eligible dependants under the relevant scheme.

This will often be a husband, wife, civil partner or qualifying cohabiting partner. In some circumstances, children or other dependent relatives may also qualify.

However, the law sets out an order of priority between different categories of dependant, so not every family member will be entitled to make a claim.

An important point is that the increases are not retrospective.

Under the 2008 Diffuse Mesothelioma Scheme, the higher rates apply where the person with mesothelioma died on or after 31 October 2026.

The position under the 1979 Act scheme is slightly different. The amendments apply where the conditions for entitlement to a payment were first satisfied on or after that date.

This means that making an application after 31 October does not automatically entitle someone to the higher payment.

Sadly, some families who lost loved ones before the changes took effect will continue to receive the lower rates.

It’s disappointing that the reform cannot help everyone affected by the previous rules, particularly given how long campaigners have been pressing for change.

The new regulations also clarify what happens when someone submits a claim but dies before the payment is made.

In these circumstances, the payment can be made to their personal representatives, provided the necessary requirements are met.

This may involve providing documentation confirming their legal authority to deal with the deceased person’s estate.

It’s a useful clarification, particularly in mesothelioma cases, where someone’s health can deteriorate rapidly after diagnosis.

Importantly, this is different from a dependant making a new claim after someone has died.

Applications under both schemes are handled by the Department for Work and Pensions.

The Government’s PWC1 application form can be used to claim under either scheme. Families will need to provide information about the deceased person, their illness and the circumstances of their asbestos exposure.

There are strict time limits to be aware of.

Under the 1979 Act scheme, dependants should generally apply within 12 months of the person’s death, although the DWP has discretion to allow late applications.

Under the 2008 Diffuse Mesothelioma Scheme, a dependant’s application must normally be received within 12 months of death.

If you’re unsure which scheme applies, I would encourage you to seek advice rather than risk missing a deadline.

The different schemes and how government payments interact with civil compensation claims are explained in my colleague Olivia Hanna’s earlier article, Asbestos benefits explained: What can you claim and what can be deducted from your compensation?

Potentially, yes.

These government lump-sum schemes are separate from civil compensation claims against employers or others responsible for asbestos exposure.

Depending on the circumstances, a civil claim may provide considerably more compensation than a government scheme payment.

It’s also worth remembering that the closure of a former employer doesn’t necessarily prevent a claim. In many cases, we can trace historical employers’ liability insurance and pursue compensation through the insurer.

You can read more about this in our article, Can I claim asbestos compensation if my former employer has closed?

The relationship between government payments and civil claims can be complicated. Certain lump-sum payments may need to be repaid if a civil claim subsequently succeeds, and bringing legal proceedings can affect eligibility for the schemes.

For that reason, it’s worth getting specialist advice before deciding how to proceed.

The Asbestos Victims Support Group Forum UK and other campaigners have spent years calling for these payments to be brought into line and they deserve considerable credit for helping to secure this change.

I welcome the reform, although I do wish it could benefit families whose loved ones died before the new rules came into force.

For those who qualify, however, the difference in the amount they receive could be significant.

If you’ve lost someone to mesothelioma or another asbestos-related disease, our specialist asbestos and mesothelioma solicitors can help you understand what compensation may be available, whether through a government scheme or a civil claim.

Even if your loved one never made a claim, it’s worth finding out whether your family may now be entitled to compensation.