Families who lose loved ones to asbestos-related diseases will no longer face reduced compensation if the affected worker dies before submitting a claim, following a major change to the
UK’s compensation system that takes effect on 31 October 2026.
The reform ends a longstanding disparity that left bereaved relatives with substantially smaller payments than those available to workers who successfully claimed compensation during their lifetime.
Under the new rules, eligible dependants will receive the full lump-sum award their deceased family member would have qualified for, rather than the reduced amount previously prescribed by law.
The change is expected to benefit approximately 300 families annually across the UK, providing additional financial assistance to those dealing with the consequences of losing a loved one.
Compensation rules revised after decades of campaigning
Previously, families whose relatives died before filing a claim received significantly less compensation under government schemes covering asbestos and other dust-related occupational diseases.
In 2025, workers who successfully secured compensation through these schemes received an average payment of approximately £17,700. By comparison, bereaved families whose relatives died before submitting a claim received an average of around £10,700 — a difference of approximately £7,000.
The new legislation removes this distinction.
For example, under the 2008 Diffuse Mesothelioma Scheme, an eligible 60-year-old worker would qualify for £56,656. Previously, if the worker died before submitting a claim, their dependant could receive only £24,526. From 31 October, the surviving family member will be entitled to the full £56,656.
Although financial compensation cannot reverse the loss of a family member, the increased payments are intended to help relatives meet everyday expenses and manage the financial consequences of bereavement.
Minister for Social Security and Disability Sir Stephen Timms said the reform would eliminate the additional financial burden previously imposed on families following the death of a worker.
He described the change as a long-overdue correction to an unfair system, ensuring that bereaved relatives receive the compensation their loved ones would have been entitled to claim.
The legislation follows years of campaigning by organisations including the Asbestos Victims Support Group Forum UK and members of Parliament.
The government estimates that implementing the reform will cost between £2 million and £6 million annually.
Scotland also covered by the reform
UK Government Minister for Scotland Melanie Ward welcomed the changes, saying that outdated compensation rules had left families affected by asbestos and dust-related illnesses receiving less than they were entitled to.
She said the removal of reduced payments for dependants would benefit grieving families throughout the UK, including those in Scotland, and paid tribute to campaigners who had worked for years to secure the reform.
Jane Lassey, Director of Regulation at the Health and Safety Executive (HSE), said the effects of historical asbestos exposure continued to cause serious suffering among workers and their families.
She welcomed the changes while emphasising that the HSE’s priority remained preventing future exposure and ensuring that employers and workers understood and properly managed asbestos-related risks.
Who qualifies under the new rules?
The reform applies to new dependant claims submitted from 31 October 2026. It does not provide for retrospective claims.
The changes cover two government compensation schemes:
The Pneumoconiosis etc. (Workers’ Compensation) Act 1979 scheme, which provides lump-sum payments to workers suffering from certain occupational dust-related diseases, including asbestos-related illnesses.
The 2008 Diffuse Mesothelioma Scheme, which compensates eligible individuals and their dependants where damages cannot be recovered from an employer, often because the company no longer exists.
Under the 1979 scheme, a 60-year-old worker diagnosed with an asbestos-related disease and assessed as having 31–40% disablement would qualify for £34,062 in 2026/27.
Previously, if the worker died before making a claim, an eligible dependant could receive £21,011. The new rules increase the payment to the full £34,062.
The government said the legislation follows an independent legal review of the compensation schemes, which recommended several changes to reduce legal and reputational risks, including equalising dependant payments and establishing a clearer reference date for calculating awards.
A similar reform is expected to be introduced in Northern Ireland by the Department for Communities in due course. Photo by Billbeee at English Wikipedia, Wikimedia commons.
