The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation that established mesothelioma compensation schemes that are which is funded by an insurer tax. This scheme offers compensation to those suffering from diffuse mesothelioma who cannot trace the former employer or employers' liability insurer that was responsible for their exposure to asbestos.
Applicants who aren't happy with the decision they received can request a review. Tables below on tariffs provide more information on this procedure.
What is the DMPS?
In 2014 the Mesothelioma Act included a new plan for the payment of diffuse mesothelioma. The scheme fills in the gap that had previously meant that sufferers who could not trace their employer, or even their employer's insurer could not claim compensation. It was described at the time as a'scheme of last resort'. The Forum welcomed the introduction of this scheme, especially as it filled a loophole which allowed asbestos sufferers to be denied the financial support they deserved.
It is an all-in lump sum payment to compensate people diagnosed with diffuse mesothelioma who are not able to take 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 the year 2018 by TopMark Claims Management Limited. will mesothelioma legal claim payout operates a tariff system where the amount of the lump sum depends on the age at which you were diagnosed with mesothelioma.
If your DMPS claim is approved, you will be able to receive your funds within six weeks after your claim has been processed. In addition, you will also receive a portion of legal costs of PS7,000. Your solicitor will assist you in completing the DMPS form and obtaining the necessary documents, including evidence of unsuccessful attempts to locate your employer or insurer via the Employer's Liability Tracing Office.
You can make an DMPS request on your own, but you will need a specialist lawyer who is specialized in mesothelioma. The lawyer will help you and ensure that all the information you give is accurate. The solicitor will help you in completing a complete work history and also explain the circumstances that caused your exposure to asbestos and how it affected your life.
All information must be correct on the DMPS application form. If not, your application may be refused. Applicants will receive a letter letting them know if they are successful or not. Any money received will be paid directly to your bank account. If you're not successful in your claim, you may be eligible to appeal the decision.
Who is eligible to receive an DMPS payment?
The DMPS was an important step forward for people suffering from mesothelioma at time when it was first introduced, particularly because it takes a long time for asbestos-related diseases to develop. The scheme fills a void that had previously allowed those who couldn't find their former employers or their insurers to claim compensation for exposure to asbestos and has been embraced by mesothelioma patients and their families.
However, four years on it is necessary to ask whether the DMPS is adequate and if more needs to be done to ensure that those who cannot pursue a civil suit can still receive the compensation they are due for their exposure to asbestos. The DMPS does not pay out to those who died of mesothelioma or were exposed on a secondary level, such as those who cleaned the clothes of their husbands, or to those who had exposure to the environment.
Similarly, the scheme only allows three years from the date of diagnosis to apply, unlike the three-year period that is the statute of limitation in civil lawsuits. This leaves some victims at a disadvantage as it means they don't have the opportunity to claim costs such as the treatment of immunotherapy that has been proven to significantly increase the life expectancy of some instances, but is not accessible on the NHS and can cost up to PS280,000.
There is also no allowance for legal fees which must be paid by those who are pursuing an DMPS application whereas there is a separate plan that allows this cost to be covered in civil cases. If asbestos-related diseases are to be treated as effectively as possible, this issue must be addressed quickly. This can be achieved by the use of an expert solicitor who can submit a claim to the SSCS6a to request review (or "mandatory reconsideration") of any decision by the Scheme Administrator.
How do I submit an application to the DMPS?
You can include the name of someone else in your DMP when you have debts that are in your name, or in joint names. The creditors of the other are still pursuing them when the debt isn't paid in complete.
Some people have tried using DMPS by sniffing it out or applying it on the skin (transdermal). This is not a great method of administration as DMPS is water-soluble. Furthermore it is a reactive oxygen and could be degraded quickly. It is only available either by mouth or intravenously. [14] DMPS must be fat-soluble to be active in lymphatic system.
What happens if I'm not successful?
The Mesothelioma Act 2014 introduced the DMPS Compensation Scheme which is financed by insurance companies. It provides compensation to people diagnosed with diffuse mesothelioma, and their dependents who were exposed to asbestos while working in the UK. The scheme is that is funded through a levy on employers' liability insurance policies. The DMPS has been in operation since April 2014. It can award payments of up to PS240,000 per each person.
There are specific time frames that need to be adhered to in order to make an application for an amount. The date of the initial diagnosis of mesothelioma and a three-year deadline from that date are included. If you've been diagnosed with mesothelioma and can identify your former employer's liability or their Employers' Liability insurance it is advisable to apply as soon as possible.
If your application is denied, you can request a reconsideration by the Scheme Administrator. This can be done by filling out the DMPS Request for Reconsideration Form. It is crucial to speak with a lawyer during this process. They can complete the application on your behalf, assist with gathering the required documents, and help you at all stages.
If you're not satisfied with the result of the review, you may appeal at the First Tier Tribunal. This is part of the Tribunal Service. It is important that you seek legal advice as soon as you can should you decide to appeal.
Immunotherapy and other innovative treatments are showing great promise in extending the life expectancy of patients diagnosed with mesothelioma. However, these treatments are currently very expensive and are not available on the NHS. As a result many sufferers choose to file a civil suit for compensation to fund their treatment and recover the cost.
In February of 2015, DMPS tariff payments were increased to PS240,000 in February for mesothelioma patients diagnosed at or after the 10th of February 2015. The increase was a a result of the judgment in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first time in which the DMPS was considered at an appellate level, and provides some useful guidelines regarding its scope.