The UK Government has changed the compensation rules for bereaved families under two long-running dust disease schemes. From 31 October 2026, a dependant making a new claim after a worker has died can receive the full amount that worker would have received, rather than a reduced sum. The change applies to asbestos-related and other dust-related diseases, including mesothelioma and pneumoconiosis, where damages could not be recovered from an employer, often because the employer no longer exists.
In practical terms, the reform removes a sharp difference between awards made to living claimants and awards made to dependants where no claim had been submitted before death. In the government announcement, average payments in 2025 were put at around £17,700 for sufferers, compared with about £10,700 for bereaved relatives in eligible dependant cases. That left a gap of roughly £7,000 in average awards. Ministers said around 300 families a year are expected to benefit from the higher rate once the revised rules take effect.
The change covers both the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme and the 2008 Diffuse Mesothelioma Scheme. These are lump-sum schemes for people who developed a qualifying disease through work but have been unable to secure compensation from an employer. The policy effect is straightforward. If an eligible worker dies before making a claim, the dependant award will now match the amount the worker would have received had the claim been made during their lifetime.
Under the 2008 Diffuse Mesothelioma Scheme, the financial difference can be substantial. A claimant aged 60 would receive £56,656. Before the reform, an eligible dependant received £24,526 if no claim had been made before death. From 31 October 2026, that dependant payment rises to the full £56,656. The award will therefore no longer turn on whether the original claim was lodged before the worker died.
The same principle now applies under the 1979 scheme. At the 2026/27 rate, a person aged 60 with an asbestos-related disease and a disablement assessment of 31-40% receives £34,062. Before this legislative change, an eligible dependant in the same circumstances received £21,011 if no claim had been made before death. From 31 October 2026, the dependant will instead receive £34,062. Across both schemes, the previous reduction for bereaved families has been removed.
The government has framed the reform as the correction of a longstanding defect in the schemes. It follows many years of campaigning by the Asbestos Victims Support Group Forum UK and by parliamentarians who argued that dependants were being paid less in cases where a worker died before completing a claim. The estimated annual cost of the change is between £2 million and £6 million. The accompanying material also states that the reform follows an independent legal review, which recommended updates to reduce legal and reputational risk, including equalised dependant payments and a clearer 'relevant date' for award calculations.
The implementation rules are narrow. Only new dependant claims made from 31 October 2026 qualify for the higher payments, and the government has stated that there will be no retrospective claims. The legislation was laid in September 2026. For advisers, unions and claimant representatives, the immediate consequence is that a household should no longer receive a lower statutory award simply because the worker died before submitting a claim. Ministers have also said the reform applies for victims in Scotland, while the separate Northern Ireland scheme, run by the Department for Communities, is expected to introduce similar changes in due course. The Health and Safety Executive, in comments published with the announcement, said its wider priority remains preventing future harm from asbestos exposure.