The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to establish a mesothelioma compensation scheme that is funded by an insurance levy. This scheme will pay compensation to people with diffuse mesothelioma who are unable to identify a former employer or an insurer who is responsible for their asbestos exposure.
If applicants are rejected, their application can request the decision be reviewed. The tariff tables below provide more details on this process.
What is the DMPS?
The Diffuse Mesothelioma Pay Scheme (DMPS) was launched in 2014 as part of the Mesothelioma Act 2014. The scheme fills in a gap that previously prevented those who were unable to find their employer or their insurance company's employer from claiming compensation. how mesothelioma compensation payout was described at the time as a'scheme of last resort' and the Forum applauded the introduction of this scheme, especially as it closed a loophole that permitted asbestos victims to be left without the financial support they deserve.
It is a lump sum payment for those with diffuse mesothelioma diagnosed but who are not able to take a civil case to the courts. The scheme is funded by an employer's liability insurance levy, and was managed by Gallagher Bassett until it was taken over in the year 2018 by TopMark Claims Management Limited. The DMPS scheme is a tariff system where the amount of the lump sum depends on your age when diagnosed with mesothelioma.
If you're successful in your DMPS application you will receive the funds within six weeks of your claim being processed. In addition, you will receive a payment of PS7,000 towards the legal costs. Your solicitor will assist you in filling out the DMPS form and obtaining the required supporting documentation, such as evidence of unsuccessful attempts to locate your insurer or employer through the Employer's Liability Tracing Office.
You can submit a DMPS request yourself, but you will need a specialist lawyer who is specialized in mesothelioma to guide you and ensure that all the information you provide is correct. The lawyer will assist you provide a thorough job history and describe the circumstances that caused your exposure to asbestos and how it affected your life.
It is important that all information you fill in on the DMPS form is correct in order to avoid any mistakes. Failure to complete the form correctly could result in your application being refused. Applicants will be sent an acknowledgement letter that confirms whether or not they have been successful in their claim, and any funds will be paid directly into your bank account. If you don't receive a positive outcome you may appeal the decision.
Who is eligible for a DMPS Payment?
At the time of its introduction the DMPS was a major step forwards for mesothelioma patients, particularly as it is often too late to file a civil lawsuit due to how long the asbestos related illness takes to develop. The scheme fills in an opportunity that had previously allowed asbestos patients to receive compensation from their former employers and insurance companies.
However, four years on it is time to consider whether the DMPS is adequate and if more should be put in place to ensure that those who are unable to pursue a civil suit can still receive the compensation they deserve for their exposure to asbestos. It is important to note that the DMPS only provides compensation to mesothelioma patients and those who are financially dependent on them, not the estate of someone who has died from the disease or who were exposed to asbestos on a second basis, such as wives who cleaned their husbands' clothes for work or those who were exposed to asbestos in the environment or have not knowing who they worked for.
Similarly, the scheme only permits three years from the date of diagnosis to apply, versus the three years that are the statute of limitations for civil claims. This puts some victims at a disadvantage since they are unable to claim compensation for expenses like immunotherapy treatments, which can be costly and cost as high as PS280,000.
In addition, there is no allowance for legal fees which must be paid by those who are pursuing an DMPS application. However, there is a separate plan which allows for this cost to be covered in civil claims. If asbestos-related diseases are to be treated as efficiently as possible, this issue needs to be addressed as soon as possible. A specialist solicitor can help in this process by seeking a review of Scheme Administrator's decision.
How do I apply for the DMPS for a DMPS card?
If you have debts that are in your name or joint names with another you can add the name of the other party in your DMP. However, the other person's creditors will still chase them for the debt, unless it is fully paid by a single person.
Some people have tried using DMPS by sniffing it out or applying it on the skin (transdermal). This isn't the most effective method of administration since DMPS is water-soluble. Furthermore, it is oxygen reactive and would be degraded quickly. It can only be administered either by oral or intravenously. [14It is not administered intravenously. DMPS also has to be fat-soluble in order to function in the lymphatic system.
What happens If my application is not successful?
The Mesothelioma Act 2014 introduced the DMPS Compensation Scheme which is financed by insurance companies. It pays out to those diagnosed with diffuse mesothelioma, and their family members who were exposed asbestos at work in the UK. It is a program that is that is funded through a levy on employers' liability insurance policies. The DMPS is in effect since April 2014. It is able to award payments up to PS240,000 for each person.
There are specific time frames that must be observed in order to make an application for an amount. The date of first diagnosis of mesothelioma, and a deadline of three years from the date of diagnosis are included. If you've been diagnosed with mesothelioma, and can find your former employer or their Employers Liability Insurance, it's worth applying as quickly as possible.
If your application is rejected If your application is rejected, you can request the Scheme Administrator to conduct an appeal of the decision. You can request a review by filling out a DMPS Request For Reconsideration Form. It is crucial to speak with a lawyer throughout the process. They will be able to fill out the application on your behalf, assist with gathering relevant documents and support you at all stages.
If you aren't satisfied with the outcome of the review, you may appeal at the First Tier Tribunal. This is part of the Tribunal Service. It is crucial to seek legal advice as soon as you can should you decide to appeal.
Immunotherapy, along with other new treatments are showing great potential for extending the life expectancy of those diagnosed with mesothelioma. These treatments are costly and not available through the NHS. In the end many sufferers choose to file a civil suit for compensation to fund their treatment and recover the cost.
In February 2015, the DMPS tariff payment was increased to PS240,000 for those who have been diagnosed with mesothelioma after 10 February 2015. The increase was as a in response to the decision in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first time the DMPS is being examined at appellate level and provides some useful guidelines on its scope.