The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to create mesothelioma compensation, which is that is funded by an insurance levy. The scheme provides compensation to those suffering from mesothelioma diffuse who are unable to identify a former employer or employers liability insurer who was responsible for their exposure to asbestos.
Applicants who are not satisfied with the decision may request a review. More information about this process is available in the tariff tables below.
What is the DMPS?
In 2014 the Mesothelioma Act included a new plan for the payment of mesothelioma diffuse. The scheme fills in an insufficiency that previously meant that sufferers who were unable to locate their employer, or their insurer, could not claim compensation. It was described at the time as a 'scheme of last resort' and the Forum was pleased with the introduction of this scheme, especially as it plugged a hole that allowed asbestos sufferers to be left without the financial support they deserve.
It is an amount in one lump sum to compensate those diagnosed with diffuse mesothelioma and who cannot pursue a civil action through the courts. The scheme is funded by an employer's liability insurance levy and was administered by Gallagher Bassett until it was taken over in 2018 by TopMark Claims Management Limited. The DMPS scheme uses the tariff system, in which the amount of the lump amount is determined by your age at the point you were diagnosed with mesothelioma.
If you are successful in your DMPS application, you will receive funds within six weeks after your claim has been processed. In addition, you will also receive a contribution towards legal costs of PS7,000. Your solicitor will assist you in completing the DMPS form and obtaining the required supporting documents, like evidence of unsuccessful attempts to locate your insurer or employer via the Employer's Liability Tracing Office.
While it is possible to complete a DMPS application yourself however, you'll require a specialist mesothelioma attorney to guide you through the process and make sure that all of the information you submit is correct. The solicitor will help you to provide a detailed employment history and explain the circumstances that caused your exposure to asbestos, and how it affected your life.
All information must be complete on the DMPS application form. If not, your application may be refused. Candidates will receive a confirmation letter letting them know if they're successful or not. The funds will be transferred directly to your bank account. If you do not receive a positive decision, you can appeal the decision.
Who is eligible for a DMPS payment?
The DMPS was a major step forward for those with mesothelioma when it was introduced, especially because it takes an extended time for asbestos-related illnesses to develop. The scheme fills a gap that previously allowed asbestos victims to receive compensation from their former employers and insurers.
But, four years later, it is necessary to ask whether the DMPS is enough and if there is more that could be put in place to ensure that those who can't pursue a civil claim are still able to receive the compensation they deserve for their exposure to asbestos. The DMPS does not provide compensation to people who died from mesothelioma or to those who were exposed on a secondary basis for example, those who washed the clothes of their husbands or to those who were exposed through exposure to asbestos from the environment.
The scheme allows three years to pass from the date of diagnosis, unlike the three-year statute of limitations for civil claims. This puts some victims at an disadvantage because they don't have the chance to claim costs like treatment with immunotherapy which has been proven to significantly increase life expectancy in certain instances, but is not available on the NHS and could cost up to PS280,000.
There is also no provision for legal fees that must be paid by those who are pursuing a DMPS application. However, there is a separate program which allows for this cost to be covered in civil lawsuits. This must be addressed as a matter urgency if a victim wants seeking the most effective financial recovery from their asbestos-related illness. This can be achieved by the use of an expert solicitor who can submit a claim to the SSCS6a to request a review (or "mandatory reconsideration") of any decision made by the Scheme Administrator.
How do I apply for the DMPS for a DMPS card?
If you have debts in your name, or joint names with someone else you may include the name of the other person in your DMP. The creditors of the other can still pursue them in the event that the debt isn't paid in the full amount.
Some people have tried using DMPS by sniffing it or applying it on the skin (transdermal). This is not a suitable method of administration because DMPS is easily soluble in water. Furthermore it is oxygen reactive and would degrade quickly. It can only administered intravenously or by mouth. [14] DMPS must be fat-soluble to function in the lymphatic system.
What happens if I am not successful?
The DMPS is an insurance-backed compensation scheme which was introduced by the Mesothelioma Act 2014. It provides compensation to patients of mesothelioma diffuse and their dependents who have been diagnosed with this incurable cancer because of exposure to asbestos while in work in the UK. The scheme is funded by the levy that employers pay on their' liability policies. The DMPS is in effect since April 2014. It can award payments of up to PS240,000 per each person.
There are which filing a mesothelioma lawsuit payout that must be observed in order in order to apply for a payment. The date of first mesothelioma diagnosis, and a three-year deadline from that date are included. If you've been diagnosed with mesothelioma and can trace your liable former employer or their Employers' Liability insurance, then it is worth applying immediately.
If your application is unsuccessful If you are unsuccessful, you can ask the Scheme Administrator to conduct a review of the decision. You can request a review by completing a DMPS Request For Reconsideration Form. It is essential to consult with a lawyer throughout the procedure. They will be able to fill out the application on your behalf, assist you in gathering the required documents, and help you at every step.
If you aren't satisfied with the outcome of the review you can appeal to the First Tier Tribunal which is part of the Tribunal Service. If you are planning to appeal, it is important to seek legal advice at the earliest possibility.
Immunotherapy and other innovative treatments are proving to be very effective in prolonging the lives of patients diagnosed mesothelioma. However the treatments are extremely expensive and are not available on the NHS. As a result some patients will decide to file a civil lawsuit for compensation to pay for their treatment and to recover costs.
In February 2015 the DMPS tariff payment was raised to PS240,000 for individuals who were diagnosed with mesothelioma on or after 10 February 2015. The increase was announced in response to the ruling in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first instance that the DMPS was considered at an appellate level, and provides some helpful guidelines as to its scope.