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Bereaved Families of Asbestos Victims to Get the Same Payout as Sufferers

Qurexa Editorial Team2 September 20266 min read 0 0
Bereaved Families of Asbestos Victims to Get the Same Payout as Sufferers

What happened

On 1 September 2026 the Department for Work and Pensions announced that families of people who died from asbestos-related and dust-related diseases will receive the same level of compensation as sufferers themselves. Until now there has been a gap. Under the government scheme, someone living with the disease received an average award of around £17,700. If that person died and a dependant claimed instead, the average award was around £10,700. That is a shortfall of roughly £7,000, simply because the person had died. The change removes that difference. Dependants will be paid at the same rate as sufferers. The reform also tidies up how awards are worked out, removing outdated top-up payments and replacing them with a single, clearer award structure. The change is due to take effect on 31 October 2026, subject to approval by Parliament. It is expected to be worth between £2 million and £6 million a year to dependants. Sir Stephen Timms, Minister for Social Security and Disability, said: "Families who have lost a loved one deserve support, not a system that treats them as an afterthought." In 2025, 2,730 sufferers received awards under the scheme and 300 dependants received awards at the lower rate.

Why this matters

The diseases involved here are serious and mostly incurable. Mesothelioma is a cancer that affects the lining of the lungs or abdomen and is almost always caused by breathing in asbestos fibres. Pneumoconiosis covers lung diseases caused by inhaling dust, including coal dust and silica. The cruellest feature of these illnesses is the delay. Asbestos exposure at work in the 1960s, 70s or 80s can cause a disease that only appears forty or fifty years later. By then the employer may have gone out of business, records may be lost, and there may be no one left to sue. That is exactly why a government scheme exists: to compensate people when compensation from an employer is not available. Mesothelioma also tends to progress quickly once diagnosed. Many people die within months. That creates the situation this reform addresses. Whether a family received the higher or lower payment could depend on something as arbitrary as whether a claim was processed before or after a death. A family whose relative died quickly ended up worse off than one whose relative lived slightly longer. There is no fairness argument for that. It was a quirk of how the rules were written, and it has now been fixed.

What the evidence actually says

It is worth being accurate about the size and scope of this change. The numbers are modest in national terms. Around 300 dependants received awards in 2025, and the reform is expected to be worth £2 million to £6 million a year in total. This is not a major expansion of the welfare system. It is a targeted correction to an unfairness affecting a small number of families each year. For those families, though, an extra £7,000 or so at a genuinely difficult moment is significant. It is also important to say what this scheme is and is not. It is a government compensation scheme for people who cannot get compensation from a former employer. It is not the only route. Where an employer or its insurer can still be identified, a civil claim may be possible and may be worth considerably more. Specialist solicitors handle these cases, and there are charities that help people trace old employers and insurers. The change requires parliamentary approval before it takes effect on 31 October 2026, so it is not yet law at the time of writing. One more thing worth stating plainly, because it is a common misunderstanding: asbestos has been banned in new construction in the UK since 1999, but it has not disappeared. It remains in many older buildings, including schools and hospitals. Jane Lassey, Director of Regulation at the Health and Safety Executive, emphasised continuing efforts to protect people from asbestos dangers. Undisturbed asbestos in good condition is generally not a risk; the danger comes when it is damaged, drilled or removed carelessly.

Practical advice

If this affects your family, here is where to start. If you have been diagnosed with mesothelioma, pneumoconiosis or another dust-related disease, ask about compensation early. Do not wait. Both this government scheme and civil claims have time limits, and claims are far easier to progress while the person affected can describe where and when they were exposed. Writing down a work history, including employers, job titles, dates and sites, is one of the most valuable things you can do. If you have lost a family member to one of these diseases, you may be able to claim as a dependant. Speak to the DWP about the scheme, and consider getting specialist legal advice about whether a civil claim is also possible. Get free help rather than paying for it upfront. Asbestos support groups operate across the UK, Citizens Advice can help with the benefits side, and Macmillan Cancer Support offers financial guidance for people with a cancer diagnosis. Many solicitors specialising in industrial disease work on a no-win, no-fee basis. If you worked with asbestos and are well, you do not need routine screening in the absence of symptoms, but do tell your GP about your exposure history so it is on your record. Report any new breathlessness, persistent cough or chest pain rather than putting it down to age. If you are renovating an older home, do not disturb material you suspect contains asbestos. Get it checked. This is the one situation where doing it yourself is genuinely not worth it.

What to know

From 31 October 2026, subject to parliamentary approval, dependants claiming under the government's asbestos and dust-disease compensation scheme will receive the same award as sufferers. That closes an average gap of about £7,000 between the roughly £17,700 paid to sufferers and the £10,700 paid to dependants. The change was announced on 1 September 2026, is expected to be worth £2 million to £6 million a year, and also simplifies how awards are calculated. In 2025, 2,730 sufferers and 300 dependants received awards. The scheme exists for people who cannot obtain compensation from a former employer, often because the employer no longer exists. Where an employer or insurer can still be traced, a separate civil claim may be possible and may be worth more. The most useful practical step, if this touches your family, is to write down a full work history as early as possible and to seek specialist advice. Support groups and charities can help at no cost. And if you live in an older building, remember that undisturbed asbestos is generally safe. It becomes dangerous when it is disturbed. Sources: Department for Work and Pensions, "Loved ones of asbestos and dust-disease victims to receive fairer compensation", 1 September 2026, https://www.gov.uk/government/news/loved-ones-of-asbestos-and-dust-disease-victims-to-receive-fairer-compensation | Health and Safety Executive, asbestos guidance, https://www.hse.gov.uk/asbestos/ | NHS, "Mesothelioma", https://www.nhs.uk/conditions/mesothelioma/ This article is for general information and does not replace legal, financial or medical advice. For compensation questions, seek advice from a specialist solicitor, Citizens Advice or the DWP. For any concern about your breathing, chest or health, please speak to a doctor, pharmacist or other qualified healthcare professional.

#asbestos#mesothelioma#compensation#bereavement#workers rights#family finances

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