The asbestos payout rule that’s just changed for South West families

If someone in your family died from an asbestos-related illness before they could make a claim, the money paid out to you was smaller. Sometimes a lot smaller. That changes from today.

From Saturday 31 October, families of workers who have died from asbestos-related diseases will receive the full compensation their loved one would have been entitled to, under new legislation from the UK Government.

Around 300 families across the UK are expected to benefit each year.

How the old system worked

Workers who develop asbestos or dust-related diseases, such as mesothelioma and pneumoconiosis, can claim a lump sum through two Government schemes when they have not been able to get compensation from an employer. Often that is because the employer no longer exists.

In 2025, sufferers received average payments of around £17,700 through those schemes. In the South West, 200 awards were made.

But where an eligible person died before making a claim, their dependants received less. Their average payment in 2025 was around £10,700, roughly £7,000 below what sufferers were paid.

What changes now

Under the new law, a dependant receives the same amount the person who died would have been paid.

The 2008 Diffuse Mesothelioma Scheme

For a 60-year-old claimant, the payment under the 2008 scheme is £56,656. Until now, an eligible dependant received £24,526 if no claim had been made before death. They will now receive the full £56,656.

The 1979 scheme

The same principle applies to the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme. A 60-year-old diagnosed with an asbestos-related disease who makes a successful claim would receive £34,062 (the 2026/27 rate for someone aged 60 with a disablement assessment of 31 to 40%). A dependant claiming after their death would have received £21,011. That now rises to £34,062.

The Government estimates the change will cost between £2 million and £6 million a year.

Decades of campaigning

The Government says the change follows decades of campaigning from groups including the Asbestos Victims Support Group Forum UK, and from parliamentarians. It also follows an independent legal review of the schemes, which recommended several updates, including the changes to dependant payments and a clear “relevant date” for working out awards. The legislation was laid in September.

Minister for Social Security and Disability, Sir Stephen Timms, said: “Losing a loved one to an asbestos-related disease is devastating. Families should not then face a financial penalty because of that loss.

“From today, bereaved families in the South West will receive the full compensation their loved ones would have been entitled to, ending a longstanding unfairness in the system.

“This is a long-overdue change that will provide greater support for families at a difficult time.”

Jane Lassey, Director of Regulation at the Health and Safety Executive, said: “Asbestos-related diseases continue to cause great suffering, and the effects of past exposure are still being felt by workers and their families. This change means bereaved families will receive the support their loved ones would have been entitled to.

“HSE’s priority remains preventing future harm. We will keep working with employers, workers and partners to make sure the risks from asbestos are understood and managed, so that fewer families have to go through this loss.”

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