The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation to create mesothelioma compensation schemes that are that is funded by an insurance tax. This scheme pays compensation to those suffering from diffuse mesothelioma who cannot trace the former employer or employers the liability insurer responsible for their exposure to asbestos.
Applicants who aren't happy with the decision may ask for a review. The tariff tables below provide more information on this procedure.
What is the DMPS?
The Diffuse Mesothelioma Pay Scheme (DMPS) was launched in 2014 as a part of the Mesothelioma Act 2014. The scheme fills in a gap which previously meant that patients 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' and the Forum applauded its introduction, particularly as it filled a loophole which permitted asbestos victims to be denied the financial support they deserved.
It is an amount in one lump sum to compensate people diagnosed with diffuse mesothelioma and who are not able to take a civil action through the courts. The scheme is financed through 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 operates on 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 and you are successful, you will receive your funds within six weeks of your claim being processed. In addition, you will be eligible for a contribution to legal costs of PS7,000. Your lawyer will assist you complete the DMPS application form and collect the required supporting documents including evidence of unsuccessful attempts to locate your employer or their insurer through the Employer's Liability Tracing Office.
While it is possible to complete a DMPS application on your own however, you'll require a specialist mesothelioma attorney to guide you through the process and make sure that the information you provide is true. The solicitor will assist you in providing a thorough job history and explain the circumstances that led to asbestos exposure and how it affected your life.
All information must be accurate on the DMPS application form. If not, your application may be denied. Candidates will receive a confirmation letter informing them whether they are successful or not. Any funds received will be paid directly to your bank account. If you're not successful, you may be able to appeal the decision.
Who is eligible for a DMPS payment?
At the time of its launch, the DMPS was a huge improvement for mesothelioma patients particularly since it's often too late to make a civil claim due to the time asbestos related illness develops. The DMPS fills in a gap that previously allowed asbestos victims to claim compensation from their former employers and insurers.
Four years later, it is necessary to ask whether the DMPS is adequate and if more needs to be done to ensure that those who are unable to pursue a civil claim are still able to receive the compensation they are due for their exposure to asbestos. It should be noted that the DMPS only makes payments to mesothelioma victims 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' mesothelioma trust payouts work clothes, or who have environmental exposure or no idea who they worked for.
The scheme also allows three years to pass from the date of diagnosis, which is not as long as the three-year limitation period for civil claims. This puts some victims at an disadvantage because they do not have the opportunity to claim for costs like the treatment of immunotherapy that has been proven to significantly increase the life expectancy of some cases, but isn't accessible on the NHS and could cost up to PS280,000.
In the end, the DMPS does not cover legal fees. However an alternative scheme allows these costs to be covered in civil claims. This should be addressed as a matter of urgent importance if a victim wishes to make the best possible financial recovery from their asbestos-related disease. A specialist solicitor can assist in this process by seeking a review of Scheme Administrator's decision.
How do I make an application to the DMPS?
If you have debts in your name or joint names with another you can add the name of the other person in your DMP. However, the other's creditors will continue to pursue them for the debt unless it is completely paid off by one person.
Some people have tried to use DMPS by sniffing it out or applying it on the skin (transdermal). This is not a great method of administration because DMPS is water-soluble. It is also highly reactive to oxygen and will rapidly degrade. It can only administered intravenously or by mouth. [14] DMPS must also be fat-soluble in order to function in the lymphatic system.
What happens in the event that my application is rejected?
The DMPS is an insurance-backed compensation scheme that was established by the Mesothelioma Act 2014. It is a scheme that pays compensation to those diagnosed with diffuse mesothelioma, and their dependents, who were exposed to asbestos while working in the UK. The scheme is paid for by a levy on insurance policies for employers' liability. The DMPS has been in the market since April 2014 and it can award payments up to PS240,000 per person.
To be eligible for a loan, you must adhere to certain time limits. The date of the first diagnosis of mesothelioma and a three-year deadline from that date are included. If you've been diagnosed with mesothelioma and you can trace your liable former employer or their Employers' Liability insurance then you should apply as soon as possible.
If your application is unsuccessful If your application is rejected, you can request the Scheme Administrator to conduct an appeal of the decision. This can be done by filling out a DMPS Request For Reconsideration Form. It is crucial to speak with a lawyer during this process. They will be able to complete the application on your behalf, assist you in collecting the necessary documents and assist you at every step.
If you aren't satisfied with the results of the review, you can appeal to the First Tier Tribunal which is part of the Tribunal Service. It is crucial to seek legal advice as soon as possible if you intend to appeal.
Immunotherapy and other treatments are showing tremendous promise in prolonging the lives of those diagnosed with mesothelioma. However they are very expensive and they are not available on the NHS. In the end some patients will decide to pursue a civil claim for compensation in order to pay for their treatment and to recover costs.
In February 2015, DMPS tariff payments were increased to PS240,000 in February for those diagnosed with mesothelioma following or after 10 February 2015. The increase was made in response to the decision in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time in which the DMPS was examined at an appellate level and provides some useful guidelines on its scope.