For years, families who lost someone to an asbestos-related illness have faced a cruel twist. If the person died before they managed to make a compensation claim, their family could still apply, but they’d get a noticeably smaller payment than the worker would have received.
From October 31, 2026, that’s changed. Under new rules from the Department for Work and Pensions, bereaved families making a new dependant claim now receive the full award, the same amount the worker would have been paid.
Sir Stephen Timms, Minister for Social Security and Disability, summed it up: “Families should not then face a financial penalty because of that loss.”
Which schemes this covers
This isn’t about suing an employer. It’s about two government schemes that pay a lump sum when there’s no employer left to take to court, often because the company closed down years ago:
- The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme, for people with certain dust-related diseases, including several caused by asbestos
- The 2008 Diffuse Mesothelioma Scheme, for people with mesothelioma, an aggressive cancer almost always linked to asbestos exposure
Mesothelioma can take decades to show up and often moves fast once it’s diagnosed. That’s exactly why so many people die before they get round to claiming, and why the old rule hit families so hard.
How big is the difference?
The government’s own examples show the gap clearly:
| Example | Old dependant payment | New dependant payment |
|---|---|---|
| 2008 Mesothelioma Scheme, claimant aged 60 | £24,526 | £56,656 |
| 1979 Act scheme, claimant aged 60, 31–40% disablement (2026/27 rates) | £21,011 | £34,062 |
In the mesothelioma example, that’s more than double. Looking at the averages, in 2025 workers with these diseases received about £17,700, while families of workers who’d died before claiming got about £10,700, roughly £7,000 less.
The government expects around 300 families a year to benefit, at a cost of £2 million to £6 million a year.
The catch: it isn’t backdated
This is the part that will hurt for some families. The change only applies to new dependant claims made from October 31, 2026. If you’ve already claimed and received the lower amount, the new rules don’t top it up.
If a relative died recently and you haven’t claimed yet, though, you should now get the full award when you do.
Where this applies
The change covers the schemes run by DWP. Northern Ireland runs its own version through the Department for Communities, and similar changes are expected there later.
The new rules were laid before Parliament in September after an independent legal review. That review also recommended other updates, including a clear “relevant date” for working out how much an award should be.
How to claim
- Start on GOV.UK. Search for “Diffuse mesothelioma payment” and the 1979 Act scheme. Both pages explain who can claim and include the forms.
- Don’t wait. There are strict time limits for dependants, usually 12 months from the date of death, so check the deadline as soon as you can.
- Gather paperwork early. That usually means the death certificate, medical evidence of the diagnosis, and any details you have of where the person worked and when.
- Get free help. Asbestos support groups and charities can help with forms, and many will also check whether a separate legal claim against an employer’s insurer is possible.
Campaigners have pushed for this change for a long time. As Scotland Minister Melanie Ward put it, “I pay tribute to the campaigners who have fought for many years to make this change happen.” For families going through the worst kind of loss, it means one less unfairness to deal with.
Sources: GOV.UK: Asbestos compensation injustice ended for bereaved families and GOV.UK: Diffuse mesothelioma payment.
Maria is a dedicated news writer covering the latest UK updates on DWP, PIP, State Pension Triple Lock, Child Benefit, Universal Credit, and driving licence regulations. She focuses on explaining government announcements, benefit eligibility, payment changes, pension increases, and new regulations in a clear and easy-to-understand way.