Families of workers who died before claiming asbestos compensation now get full award

Families of workers who died from asbestos-related diseases before claiming compensation have been entitled to the full award since 31 October, the Department for Work and Pensions said.

Around 300 families a year are expected to benefit from the change, which is estimated to cost between £2 million and £6 million a year.

Under the 2008 Diffuse Mesothelioma Scheme, a dependant of a 60-year-old claimant could now receive £56,656, instead of the £24,526 paid before.

Under the 1979 scheme, a dependant of someone who died before claiming can now receive £34,062, rather than the £21,011 available until now.

That 1979 figure is the 2026/27 rate for an individual aged 60 with a disablement assessment of 31% to 40%, so the dependant now matches the individual.

In 2025, bereaved families received average payments of around £10,700 where an eligible person died before making a claim.

People with asbestos-related or dust-related diseases, such as mesothelioma and pneumoconiosis, received average payments of around £17,700 that year where compensation had not been secured from an employer.

That left bereaved families about £7,000 a claim worse off than sufferers on average, a gap the new rules are meant to close.

The 1979 scheme and the 2008 scheme pay lump sums to people who contracted a dust-related disease through work, or to their dependants.

They apply where damages could not be claimed from an employer, often because the employer no longer exists.

The new law covers new dependant claims made from 31 October 2026, and retrospective claims are not eligible.

A separate Diffuse Mesothelioma Payment Scheme, set up under the Mesothelioma Act 2014, also makes payments to eligible dependants of people who died with diffuse mesothelioma.

Minister for Social Security and Disability Sir Stephen Timms said: “Families should not then face a financial penalty because of that loss.”

Timms said bereaved families would receive the full compensation their loved ones would have been entitled to, ending what he called a longstanding unfairness.

Minister for Scotland Melanie Ward said the change includes victims in Scotland, and paid tribute to the campaigners who pressed for it.

The department credited decades of campaigning by groups including the Asbestos Victims Support Group Forum UK, and by parliamentarians.

Jane Lassey, director of regulation at the Health and Safety Executive, said: “This change means bereaved families will receive the support their loved ones would have been entitled to.”

Lassey said the regulator’s priority remained preventing future harm, by working with employers, workers and partners so asbestos risks are understood and managed.

The legislation was laid in September, following an independent legal review of the schemes.

The review recommended updates to reduce legal and reputational risk, including the changes to dependant payments and a clear “relevant date” for award calculations.

The corresponding scheme in Northern Ireland, run by the Department for Communities, is expected to introduce similar changes in due course.