DWP Asbestos Compensation 2026: 1979 Act and Mesothelioma 2008 Scheme Lump Sums Explained

by | Oct 12, 2026 | Asbestos, Industrial Disease | 0 comments

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The DWP pays two one-off asbestos lump sums. The 1979 Act payment is for people with certain asbestos and dust diseases caused at work whose employer has stopped trading. The 2008 scheme covers diffuse mesothelioma that the 1979 Act does not. Amounts rose 3.8% from 1 April 2026. Any lump sum is repaid from later civil compensation.

Last reviewed: 12 October 2026. Written and reviewed by the May I Claim editorial team. General information only, not legal advice.

Key facts

  • There are two DWP lump-sum schemes: the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 and the 2008 Diffuse Mesothelioma Scheme. You claim both on the same form, PWC1.
  • The 1979 Act covers diffuse mesothelioma, asbestosis and other pneumoconiosis, diffuse pleural thickening, some asbestos-related lung cancers and byssinosis, where the disease was caused by work.
  • The 2008 scheme is only for diffuse mesothelioma caused by asbestos exposure in the UK that the 1979 Act does not cover, for example from washing a relative’s work clothes.
  • Deadlines: 12 months from the date you became entitled to Industrial Injuries Disablement Benefit (1979 Act), or 12 months from diagnosis (2008 scheme).
  • From 1 April 2026 the 2008 scheme pays between £18,733 and £120,566, depending on age at diagnosis. The 1979 Act pays up to £120,566, depending on age and level of disablement.
  • If you later win civil compensation, the lump sum is normally deducted and repaid to the DWP.

What is DWP asbestos compensation?

“DWP asbestos compensation” usually means the two government lump sums paid by the Department for Work and Pensions: the 1979 Act payment and the 2008 Diffuse Mesothelioma Scheme payment. They are one-off, tax-funded payments for people with serious asbestos diseases, separate from weekly benefits and from any compensation claim against an employer.

They exist because asbestos diseases often appear 20, 30 or 40 years after the exposure. By then the company that used the asbestos may have closed. The lump sums mean people can get some financial help quickly, often while a solicitor is still trying to trace the old employer’s insurer.

They sit alongside, not instead of, other routes: Industrial Injuries Disablement Benefit (IIDB), the separate Diffuse Mesothelioma Payment Scheme (DMPS), and a civil claim for full compensation. Our asbestos compensation claims page explains the civil route.

Who qualifies for the 1979 Act lump sum?

You may qualify for a 1979 Act lump sum if you have one of the listed dust diseases caused by your work, you are entitled to IIDB for it, and you cannot take civil action because your former employer has stopped trading. You must not have already brought a court case or received compensation from an employer for the disease.

The PWC1 claim form lists the diseases covered:

Dependants can also claim if the person with the disease died before claiming. The Act also says it will not pay if an application has already been made to the DMPS for the same disease, so the order in which you apply matters. We explain this below.

Who qualifies for the 2008 mesothelioma scheme?

The 2008 scheme is for people with diffuse mesothelioma who were exposed to asbestos in the UK but cannot get a 1979 Act payment. That usually means the exposure did not come from working for an employer. GOV.UK gives these examples:

  • you came into contact with asbestos from a relative, for instance by washing their clothes (see our guide to secondary asbestos exposure claims)
  • you were exposed to asbestos in the environment, for instance you lived near a factory using asbestos
  • you were exposed to asbestos while self-employed
  • your exposure cannot be pinned down, but it happened in the UK

You cannot get a 2008 scheme payment if you have already received a payment for the disease from an employer, a civil claim or elsewhere, or if you are entitled to compensation from a Ministry of Defence scheme. You must claim within 12 months of diagnosis.

How much are the DWP asbestos lump sums in 2026?

For people first diagnosed on or after 1 April 2026, the 2008 scheme pays between £18,733 (age 77 or over at diagnosis) and £120,566 (age 37 or under). The 1979 Act pays up to £120,566, depending on your age and on the percentage of disablement assessed for IIDB.

The amounts went up by 3.8% from 1 April 2026 under two sets of regulations, SI 2026/377 (2008 scheme) and SI 2026/378 (1979 Act). The new rates apply to people first diagnosed (2008 scheme), or first meeting the conditions (1979 Act), on or after 1 April 2026. Earlier cases are paid at the rates in force at the time. A selection of the 2008 scheme rates:

Age at first diagnosis 2008 scheme payment (from 1 April 2026)
37 or under £120,566
47 £103,005
57 £74,908
67 £25,753
77 or over £18,733

Under the 1979 Act the amount depends on two things: your age and your disablement percentage. For example, at age 37 or under the payment is £49,161 for disablement assessed at 10% or under, rising to £120,566 at 91–100%. At age 77 or over it ranges from £4,247 to £18,733. There are separate, lower tables for dependants. Under the 2008 scheme, dependants receive between £10,387 and £62,743, depending on the person’s age at death.

These are fixed state payments, not compensation for everything you have lost. A successful civil claim is valued very differently: our asbestos compensation amounts 2026 guide explains how. Figures are taken from the official regulations; check the current tables on legislation.gov.uk before relying on them.

Do I need Industrial Injuries Disablement Benefit before I can get a lump sum?

For the 1979 Act, yes. The 12-month deadline runs from the date you became entitled to IIDB, so you normally claim IIDB first, or at the same time. For the 2008 scheme, no. That scheme is for people who generally are not entitled to IIDB, and its deadline runs from diagnosis.

IIDB is a weekly benefit for employed earners who have an accident at work or a prescribed industrial disease, including asbestos diseases. Self-employed work does not count for IIDB. That is one reason many self-employed tradespeople with mesothelioma use the 2008 scheme instead. GOV.UK explains IIDB eligibility and how to claim.

How do I apply for a DWP asbestos lump sum?

You apply on form PWC1, “Mesothelioma and other lung diseases”, which is available on GOV.UK. The same form covers both the 1979 Act and the 2008 scheme, and the form tells you which sections to complete for each. Include a letter from a doctor or specialist nurse that shows the date of diagnosis.

  1. Get the diagnosis in writing. Ask your consultant, GP or lung cancer nurse specialist for a letter that shows the diagnosis and the date it was made.
  2. Claim IIDB if your exposure was at work. The 1979 Act deadline is 12 months from the date you became entitled to IIDB.
  3. Download form PWC1 from GOV.UK. For the 2008 scheme, the form explains which questions to skip if your exposure was not from work.
  4. Complete the compensation and court action section carefully. The DWP needs to know about any civil claim, settlement or other scheme application.
  5. Send the form to the address printed on it, with copies (not originals) of your documents, and keep a copy for yourself.
  6. Get advice about a civil claim at the same time. A lump sum does not stop a solicitor investigating whether an employer’s insurer can still be traced.

The form itself warns that if you delay, the DWP might not be able to pay you. If someone is very unwell, it is worth applying as soon as the diagnosis is confirmed.

Will a DWP lump sum reduce my compensation claim?

Usually, yes. If you later receive civil compensation for the same disease, the 1979 Act or 2008 scheme lump sum is normally deducted and repaid to the DWP through the Compensation Recovery Unit. You do not lose out overall: the lump sum is effectively an early part-payment, made while the civil claim is pending.

Since 1 October 2008, lump sums paid under both schemes have been recoverable under the Social Security (Recovery of Benefits) Act 1997 and the 2008 lump sum regulations. The CRU issues a certificate to the insurer paying compensation, which lists recoverable benefits and lump sums (the 2008 scheme appears as “MESO” and the 1979 Act as “PWCA”).

So you do not have to choose between a lump sum and a claim. Many families take the lump sum early, while a specialist solicitor runs the civil claim. Our guide to a mesothelioma claim when the employer has closed down explains how old insurers are traced.

How is the DMPS different from the DWP lump sums?

The Diffuse Mesothelioma Payment Scheme (DMPS) is a separate scheme, set up by the Mesothelioma Act 2014 and funded by insurers. It is for people with work-related mesothelioma who cannot trace either the employer or its insurer. It usually pays more than the DWP lump sums, and you have three years from diagnosis to apply.

GOV.UK says you can claim from the DMPS even if you have already received a 1979 Act or 2008 scheme payment, but that payment will be deducted from your DMPS award. The 1979 Act, by contrast, will not pay once a DMPS application has been made for the same disease. In practice, that means the order of applications matters, so get advice before applying to the DMPS. Our DMPS guide covers who qualifies.

Can I still make a civil claim if I get a DWP lump sum?

Yes. A DWP lump sum does not prevent a civil claim against an employer or its insurer. A civil claim can cover far more: pain and suffering, lost earnings, care, travel and treatment costs, and losses to the family. Any lump sum already paid is then deducted.

Many employers that have since closed were insured at the time, and the insurer may still be liable. Solicitors use the Employers’ Liability Tracing Office (ELTO) and historic records to find them. For mesothelioma, see our mesothelioma claims page. Most asbestos claims must be started within three years of the date you knew the illness was linked to asbestos, usually the diagnosis, so it is sensible to ask early.

Frequently asked questions

Who qualifies for the 1979 Act lump sum?

People with a listed dust disease caused by work, such as diffuse mesothelioma, asbestosis, diffuse pleural thickening or some asbestos-related lung cancers, who are entitled to Industrial Injuries Disablement Benefit, whose former employer has stopped trading, and who have not already sued or been compensated by an employer. Dependants can claim after a death.

How much is the 2008 mesothelioma scheme payment in 2026?

For people first diagnosed on or after 1 April 2026, the 2008 scheme pays between £18,733 (age 77 or over at diagnosis) and £120,566 (age 37 or under), under SI 2026/377. Dependants receive between £10,387 and £62,743, depending on the person’s age at death.

Do I need IIDB before I can get a DWP lump sum?

For the 1979 Act, yes: you need to be entitled to Industrial Injuries Disablement Benefit, and the 12-month deadline runs from that date. For the 2008 scheme, no: it is for people who usually cannot get IIDB, such as the self-employed or people exposed at home, and the deadline runs from diagnosis.

Is there a time limit to apply?

Yes. For the 1979 Act you must claim within 12 months of the date you became entitled to IIDB. For the 2008 scheme you must claim within 12 months of diagnosis. The DWP warns that if you delay, it might not be able to pay you.

Will a DWP lump sum reduce my compensation claim?

Usually yes. If you later receive civil compensation for the same disease, the lump sum is normally deducted and repaid to the DWP through the Compensation Recovery Unit. It works like an early part-payment, so you do not lose out overall.

How is the DMPS different from the DWP schemes?

The DMPS is a separate, insurer-funded scheme for work-related mesothelioma where neither the employer nor its insurer can be traced. It usually pays more and you have three years from diagnosis to apply. Any DWP lump sum is deducted from a DMPS award, and the 1979 Act will not pay once a DMPS application has been made, so get advice on the order of applications.

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Sources

mayiclaim is a trading name of R Costings Limited, authorised and regulated by the Financial Conduct Authority (FRN 836625). We introduce claimants to partner solicitors; we are not a law firm. This guide is general information about UK government asbestos lump sums, not legal or financial advice. Scheme amounts and rules can change, so check the official sources above. Any compensation depends on the facts of each case and is not guaranteed.