(4) Regulations under this Act may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

18 Defined terms used in more than one section of this Act

(1) In this Act—

• 5“application” means an application for a payment under the scheme;

• “active insurer” has the meaning given by section 13;

• “the compulsory insurance legislation” means—

  (a)

  the Employers’ Liability (Compulsory Insurance) Act 1969, or

  (b)

  the Employer’s Liability (Defective Equipment and
  10Compulsory Insurance) (Northern Ireland) Order 1972 (S.I.
  1972/963 (N.I. 6));

• “damages” includes a payment in settlement of a claim for damages;

• “dependant”, in relation to a person who has died with diffuse
  mesothelioma, has the meaning given by section 3(1) of the
  15Pneumoconiosis etc (Workers’ Compensation) Act 1979 (reading the
  reference to the Secretary of State as a reference to the scheme
  administrator);

• “employers’ liability insurance”, in relation to an employer and a
  particular time, means insurance that the employer—

  (a)

  20was required by the compulsory insurance legislation to
  maintain at that time, or

  (b)

  would have been required by the compulsory insurance
  legislation to maintain if that legislation had been in force at that
  time;

• 25“the fatal accidents legislation” means—

  (a)

  the Fatal Accidents Act 1976,

  (b)

  the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/
  1251 (N.I. 18)), or

  (c)

  section 4 of the Damages (Scotland) Act 2011;

• 30“levy” means a levy under section 13;

• “relevant employer” has the meaning given by section 2;

• “relevant insurer” has the meaning given by section 2;

• “the scheme” means the Diffuse Mesothelioma Payment Scheme;

• “scheme administrator” means the person for the time being
  35administering the scheme (see section 7);

• “the Technical Committee” means a committee established in accordance
  with arrangements under section 15.

(2) In determining for the purposes of this Act whether an employer would have
been required to maintain insurance if the compulsory insurance legislation
40had been in force at any given time, assume that any exemption that has at any
time applied under the following provisions applied at the time in question—

(a) section 3(1)(a) to (c) of the Employers’ Liability (Compulsory
Insurance) Act 1969, and

(b) Article 7(a) to (c) of the Employer’s Liability (Defective Equipment and
45Compulsory Insurance) (Northern Ireland) Order 1972.

(3) The scheme may specify circumstances in which a person is, or is not, to be
treated as able to bring an action for the purposes of section 2(1)(c) or 3(1)(b).

19 Commencement

(1) This Act comes into force on such day or days as the Secretary of State may by
order appoint, subject as follows.

(2) This section and sections 20 and 21 come into force on the day on which this
5Act is passed.

(3) The Secretary of State may by order make transitional, transitory or saving
provision in connection with the coming into force of any provision of this Act.

(4) An order under subsection (1) may appoint different days for different
purposes.

(5) 10An order under this section is to be made by statutory instrument.

20 Extent

(1) This Act extends to—

(a) England and Wales,

(b) Scotland, and

(c) 15Northern Ireland.

(2) Any amendment or repeal made by this Act has the same extent as the
enactment to which it relates.

21 Short title

This Act may be cited as the Mesothelioma Act 2013.

SCHEDULES

Section 11

SCHEDULE 1 Recovery of benefits etc from payments and recovery of payments

Part 1 5Recovery of benefits etc from scheme payments

Recovery of benefits etc from scheme payments: England and Wales and Scotland

1 The Social Security (Recovery of Benefits) Act 1997 is amended as follows.

2 In section 1(2)—

(a) omit the word “or” at the end of paragraph (a);

(b) 10at the end of paragraph (b) insert “, or

(c) under the Diffuse Mesothelioma Payment Scheme
(established under the Mesothelioma Act 2013);”.

3 After section 8 insert—

“8A Reduction of payment under Diffuse Mesothelioma Payment Scheme

(1) 15This section applies instead of section 8 in a case where the
compensation payment is a payment under the Diffuse
Mesothelioma Payment Scheme.

(2) The gross amount of the compensation payment—

(a) is to be reduced by the amount of the recoverable benefit, and

(b) 20accordingly, is to be reduced to nil in any case where the
amount of the recoverable benefit is equal to or greater than
the gross amount of the compensation payment.

(3) Any claim of a person to receive the compensation payment is to be
treated for all purposes as discharged if—

(a) 25the person is paid the gross amount of the compensation
payment less the amount of the recoverable benefit, or

(b) the amount of the recoverable benefit is equal to or greater
than the gross amount of the compensation payment and the
person is given a statement by the scheme administrator
30saying that the compensation payment has been reduced to
nil.”

4 In section 10 after subsection (3) insert—

“(4) The scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not apply for a review under this section.”

5 In section 11(2) after paragraph (b) insert—

“but the scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not appeal under this section.”

6 In section 13(2) after paragraph (c) insert—

5“but the scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not appeal under this section.”

7 In section 29 at the end insert—

• ““scheme administrator”, in relation to the Diffuse
  Mesothelioma Payment Scheme, has the meaning given by
  10section 18 of the Mesothelioma Act 2013.”

8 In the following provisions after “section 8” insert “or 8A”—

• section 9(1), (2), (3)(a) and (4)(a);

• section 11(2)(b);

• section 13(2)(c);

• 15section 14(4)(a);

• section 19(3)(b);

• section 20(4)(a);

• section 21(1) and (5)(a).

Recovery of benefits etc from scheme payments: Northern Ireland

9 20The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997
(S.I. 1997/1183 (N.I. 12)S.I. 1997/1183 (N.I. 12)) is amended as follows.

10 In Article 2(2) at the appropriate place insert—

• ““scheme administrator”, in relation to the Diffuse
  Mesothelioma Payment Scheme, has the meaning given by
  25section 18 of the Mesothelioma Act 2013.”

11 In Article 3(2)—

(a) omit the word “or” at the end of sub-paragraph (a);

(b) at the end of sub-paragraph (b) insert “, or

(c) under the Diffuse Mesothelioma Payment Scheme
30(established under the Mesothelioma Act 2013);”.

12 After Article 10 insert—

“10A Reduction of payment under Diffuse Mesothelioma Payment Scheme

(1) This Article applies instead of Article 10 in a case where the
compensation payment is a payment under the Diffuse
35Mesothelioma Payment Scheme.

(2) The gross amount of the compensation payment—

(a) is to be reduced by the amount of the recoverable benefit, and

(b) accordingly, is to be reduced to nil in any case where the
amount of the recoverable benefit is equal to or greater than
40the gross amount of the compensation payment.

(3) Any claim of a person to receive the compensation payment is to be
treated for all purposes as discharged if—

(a) the person is paid the gross amount of the compensation
payment less the amount of the recoverable benefit, or

(b) the amount of the recoverable benefit is equal to or greater
than the gross amount of the compensation payment and the
person is given a statement by the scheme administrator
saying that the compensation payment has been reduced to
5nil.”

13 In Article 12 after paragraph (3) insert—

“(4) The scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not apply for a review under this Article.”

14 In Article 13(2) after sub-paragraph (b) insert—

10“but the scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not appeal under this Article.”

15 In Article 15(2) after sub-paragraph (c) insert—

“but the scheme administrator of the Diffuse Mesothelioma Payment
Scheme may not appeal under this Article.”

16 15In the following provisions after “Article 10” insert “or 10A”—

• Article 11(1), (2), (3)(a) and (4)(a);

• Article 13(2)(b);

• Article 15(2)(c);

• Article 16(4)(a);

• 20Article 21(3)(b);

• Article 22(4)(a);

• Article 23(1) and (5)(a).

Part 2 Recovery of scheme payments from compensation

25Recovery of scheme payments from compensation: England and Wales and Scotland

17 (1) Section 1A of the Social Security (Recovery of Benefits) Act 1997 is amended
as follows.

(2) In subsection (2)—

(a) omit the word “and” at the end of paragraph (b), and

(b) 30at the end of paragraph (c) insert “, and

(d) a payment under the Diffuse Mesothelioma Payment
Scheme (established under the Mesothelioma Act
2013),

(but this subsection does not apply to a payment within
35paragraph (d) in a case where the compensation payment is
itself such a payment).”

(3) In subsection (4)(a) for the words from “by or” to “extent” substitute “as
specified in section 1(2)(a) or (c)”.

Recovery of scheme payments from compensation: Northern Ireland

18 (1) 40Article 3A of the Social Security (Recovery of Benefits) (Northern Ireland)
Order 1997 (S.I. 1997/1183 (N.I. 12)S.I. 1997/1183 (N.I. 12)) is amended as follows.

(2) In paragraph (2)—

(a) omit the word “and” at the end of sub-paragraph (b), and

(b) at the end of sub-paragraph (c) insert “, and

(d) a payment under the Diffuse Mesothelioma Payment
Scheme (established under the Mesothelioma Act
52013),

(but this paragraph does not apply to a payment within sub-
paragraph (d) in a case where the compensation payment is
itself such a payment).”

(3) In paragraph (4)(a) for the words from “by or” to “extent” substitute “as
10specified in Article 3(2)(a) or (c)”.

Part 3 Information sharing

19 In section 23 of the Social Security (Recovery of Benefits) Act 1997 after
subsection (6) insert—

“(6A) 15The following persons must give the Secretary of State the prescribed
information for the purposes of this Act—

(a) the scheme administrator of the Diffuse Mesothelioma
Payment Scheme, and

(b) any person providing services to the scheme administrator.”

20 20In Article 25 of the Social Security (Recovery of Benefits) (Northern Ireland)
Order 1997 (S.I. 1997/1183S.I. 1997/1183) (N.I. 12) after paragraph (6) insert—

“(6A) The following persons must give the Department the prescribed
information for the purposes of this Order—

(a) the scheme administrator of the Diffuse Mesothelioma
25Payment Scheme, and

(b) any person providing services to the scheme administrator.”

21 In section 3 of the Social Security Act 1998 (use of information) at the end of
subsection (1A) insert—

“(f) the Diffuse Mesothelioma Payment Scheme.”

Section 12

30SCHEDULE 2 Exclusion of payments under other legislation

Exclusion of payments under other legislation: England and Wales and Scotland

1 In section 2 of the Pneumoconiosis etc (Workers’ Compensation) Act 1979—

(a) at the end of subsection (1)(b) (but before the “and”) insert—

“(ba) 35that no application has been made for a payment
under the Diffuse Mesothelioma Payment Scheme in
respect of the disease (for the scheme, see the
Mesothelioma Act 2013);”;

(b) at the end of subsection (2)(c) (but before the “and”) insert—

“(ca) 40that no application has been made by the deceased, or
any dependant, for a payment under the Diffuse

Mesothelioma Payment Scheme in respect of the
disease (for the scheme, see the Mesothelioma Act
2013);”.

2 In section 47(3) of the Child Maintenance and Other Payments Act 2008 after
5paragraph (b) insert—

“(ba) a payment under the Diffuse Mesothelioma Payment Scheme
(for the scheme, see the Mesothelioma Act 2013);”.

Exclusion of payments under other legislation: Northern Ireland

3 The Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland)
10Order 1979 (S.I. 1979/925 (N.I. 9)S.I. 1979/925 (N.I. 9)) is amended as follows.

4 In Article 3(3) at the end of sub-paragraph (b) (but before the “and”) insert—

“(ba) that no application has been made for a payment under the
Diffuse Mesothelioma Payment Scheme in respect of the
disease (for the scheme, see the Mesothelioma Act 2013);”.

5 15In Article 4(3) at the end of sub-paragraph (c) (but before the “and”) insert—

“(ca) that no application has been made by the deceased, or any
dependant, for a payment under the Diffuse Mesothelioma
Payment Scheme in respect of the disease (for the scheme, see
the Mesothelioma Act 2013);”.

6 20In section 2(3) of the Mesothelioma, etc., Act (Northern Ireland) 2008 (c. 9)2008 (c. 9)
after paragraph (b) insert—

“(ba) a payment under the Diffuse Mesothelioma Payment Scheme
(for the scheme, see the Mesothelioma Act 2013);”.