The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014 the government passed legislation that established mesothelioma compensation, which is funded by an insurer levy. This scheme will pay compensation to people with diffuse mesothelioma who are unable to identify a former employer, or an insurance company, that is accountable for their asbestos exposure.
Applicants who aren't happy with the decision can request a review. Tables below on tariffs provide more information on this process.
What is the DMPS?
The Diffuse Mesothelioma Pay Scheme (DMPS) was introduced in 2014 as part of the Mesothelioma Act 2014. The scheme is a solution to a gap which previously meant that patients who could not trace their employer, or even their employer's insurer could not claim compensation. The scheme was described as an "scheme of last recourse" at the time, and the Forum welcomed it's launch.
It is a lump sum payment for those who have diffuse mesothelioma diagnosed who are unable take a civil case to the courts. It is financed through an insurance levy on employers' liability insurers and administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme operates on an underlying tariff system, where the amount of the lump amount is determined based on your age at the time that you were diagnosed with mesothelioma.
If which filing a mesothelioma lawsuit payout are successful in your DMPS application and you are successful, you will receive your funds within six weeks after your claim has been processed. In addition, you will also receive a portion of legal expenses of PS7,000. Your solicitor will assist you in completing the DMPS form and obtaining the necessary supporting documents, including proof of unsuccessful attempts to find your employer or insurer through the Employer's Liability Tracing Office.
You can submit a DMPS request yourself, but you'll need a lawyer who is specialized in mesothelioma to guide you and ensure that all the information you provide is accurate. The solicitor will help you provide a thorough work history and also 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 rejected. Candidates will receive an email confirming whether or not they've been successful in their claim and any funds will be paid directly into your bank account. If you are not successful you might be able to appeal the decision.
Who is eligible for a DMPS payment?
The DMPS was an important improvement for those suffering from mesothelioma at the time it was launched, particularly because it can take an extended time for asbestos-related illnesses to develop. The DMPS fills in an opportunity that had previously allowed asbestos victims to receive compensation from their former employers and insurers.
Four years later, it is time to consider whether the DMPS will be sufficient to compensate those who are unable to pursue a civil case for asbestos exposure. It is important to note that the DMPS only makes payments to mesothelioma patients and those financially dependent on them, not the Estate of someone who has passed away from the disease or who were exposed to asbestos on a second basis, such as wives who washed their husbands' work clothes or who have environmental exposure or no idea who they worked for.
The scheme also only allows three years to pass from the date of diagnosis, compared to the three-year statute of limitation for civil claims. This leaves some victims at a disadvantage as it means they are not given the chance to claim costs like treatment with immunotherapy which has been proven to significantly increase life expectancy in certain cases, but isn't available on the NHS and can cost as much as PS280,000.
The final word is that the DMPS does not cover legal costs. However, a separate scheme allows for these costs to be covered for civil claims. If asbestos-related diseases must be treated as efficiently as possible, this issue needs to be addressed quickly. This can be achieved by the assistance of an expert solicitor who will submit a claim to the SSCS6a to request an examination (or "mandatory reconsideration") of any decision taken by the Scheme Administrator.
How do I apply to the DMPS for a DMPS card?
If you have debts in your name or joint names with someone else you can add the name of the other person in your DMP. However, the other person's creditors will continue to pursue them for the debt, unless it is fully paid by a single person.
Some people have tried DMPS transdermally (by applying it to the skin) or by sniffing. This is not a great method of administration as DMPS is soluble in water. Furthermore, it is a reactive oxygen and could rapidly degrade. It is only administered via mouth or intravenously. [14It is not administered intravenously. DMPS must also be fat-soluble in order to function in the lymphatic system.
What happens if my application is unsuccessful?
The Mesothelioma Act 2014 introduced the DMPS, a compensation scheme funded by insurers. It offers compensation to those suffering of diffuse mesothelioma and their dependents who have been diagnosed with this incurable cancer because of exposure to asbestos while in employment in the UK. The scheme is funded by a levy placed on employers insurance policies for liability. The DMPS has been in operation since April of 2014 and can be awarded payments up to PS240,000 per person.
To be eligible for a loan you must follow certain time limits. This includes the date of the first diagnosis of mesothelioma as well as a time limit of three years from that point. If you've been diagnosed with mesothelioma, and can find your former employer or their Employers Liability Insurance, you should consider applying as soon as it's possible.
If your application is denied, you can request a review by the Scheme Administrator. You can do this by completing the DMPS Request For Reconsideration Form. It is important to consult an attorney throughout the process. They will be able to complete the application on your behalf, assist you in gathering relevant documents and support you at all stages.
If you are not happy with the results of the review, you may appeal to the First Tier Tribunal which is part of the Tribunal Service. If you want to appeal, it is essential to seek legal advice at the earliest possibility.
Immunotherapy and other treatments are showing great promise in extending life expectancy for patients diagnosed mesothelioma. However the treatments are very expensive and they are not available on the NHS. Some sufferers may choose to bring a civil suit for reimbursement to fund their treatment.
In February of 2015, DMPS tariff payments were increased to PS240,000 for those diagnosed with mesothelioma at or after the 10th of February 2015. The increase was made as a result of the judgment in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first instance where the DMPS was examined as an appellate matter and provides some useful guidelines on its scope.