The Diffuse Mesothelioma Payment Scheme Regulations 2014
In January 2014, the government passed legislation that established a mesothelioma compensation scheme that is funded by an insurance tax. The scheme provides compensation to people with diffuse mesothelioma if they cannot identify a former employer or an insurer who is accountable for their asbestos exposure.
If applicants are rejected, their application may request the decision be reconsidered. More information about this process can be found in tariff tables below.
What is the DMPS (Digital Media Payment System)?
In 2014, the Mesothelioma Act included a new plan for the payment of diffuse mesothelioma. The scheme fills in the gap that previously stopped those who were unable to locate their employer or their employer's insurance company from making claims for 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 pursue a civil action through the courts. It is financed by an insurance levy on employers' liability insurance companies and is administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme is based on the tariff system, in which the amount of the lump amount is determined by your age at the time you were diagnosed with mesothelioma.
If you're successful in your DMPS application and you are successful, you will receive your funds within six weeks of the time your claim is processed. Additionally, 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 required supporting documents, like proof of unsuccessful attempts to locate your insurer or employer through the Employer's Liability Tracing Office.
You can make a DMPS request yourself, but you'll need a specialist lawyer who is specialized in mesothelioma. They will guide you and ensure all the information you give is accurate. The lawyer will assist in providing a detailed work history and explaining the circumstances that led to asbestos exposure and how it impacted your life.
why mesothelioma compensation payout must be complete on the DMPS application form. If the information is not correct, your application will be rejected. Candidates will receive a letter confirming whether or not they have 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 a significant step forward for people suffering from mesothelioma at the time it was launched, particularly because it can take an extended time for asbestos-related illnesses to develop. The scheme fills in the gap that previously allowed asbestos victims to claim compensation from their former employers and insurers.
Four years later, it must be questioned whether the DMPS is adequate and if there is more that could be taken to ensure that those who can't pursue a civil claim can still obtain the compensation they deserve for their exposure to asbestos. The DMPS doesn't pay to people who died from mesothelioma or to those who were exposed on a secondary level, such as those who cleaned the clothes of their spouses or to those who had environmental exposure.
The scheme also only permits three years to pass from the date of diagnosis, unlike the three-year limitation period for civil claims. This leaves certain victims in a disadvantage as it means they don't have the opportunity to claim costs like the treatment of immunotherapy that has been shown to significantly increase life expectancy in certain instances, but is not accessible on the NHS and can cost up to PS280,000.
In the end, the DMPS does not cover legal costs. However another scheme allows these costs to be paid for civil claims. If asbestos-related illnesses are to be treated as effectively as possible, this issue must be addressed as soon as possible. This can be achieved through the assistance of an expert solicitor who will apply 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 that are in your name or joint names with another you may include the other person's name in your DMP. The creditors of the other person will still pursue them when the debt isn't paid in the full amount.
Some people have tried DMPS transdermally (by applying it to the skin) or by sniffing. But, this isn't an appropriate method of administration because DMPS is water-soluble. Additionally it is a reactive oxygen and could degrade quickly. It is only administered by oral or intravenously. [1414 DMPS must also be fat-soluble in order to function in the lymphatic system.
What happens if my application is unsuccessful?
The DMPS is an insurance-funded compensation scheme that was established by the Mesothelioma Act 2014. It makes payments to sufferers of mesothelioma diffuse and their dependents who have been diagnosed with this incurable cancer as a result of exposure to asbestos during working in the UK. The scheme is that is funded by a levy imposed on employers' liability insurance policies. The DMPS has been in operation since April 2014. It can pay out payments of upto 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 three-year deadline from that date 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 soon as you can.
If your application is not successful, you can ask the Scheme Administrator to conduct an appeal of the decision. This can be done by completing an DMPS Request for Reconsideration form. It is crucial to consult a lawyer throughout the process. They will be able to fill out the application on your behalf, assist with gathering the required documents, and help you at every step.
If you are not satisfied with the outcome of the review you can appeal to the First Tier Tribunal which is part of the Tribunal Service. It is essential to seek legal advice as soon as possible in the event that you plan to appeal.
Immunotherapy, along with other treatments that are new, is showing great promise for extending the lifespan of patients diagnosed with mesothelioma. These treatments are expensive and not available through the NHS. Therefore some patients will decide to pursue a civil claim for compensation in order to fund their treatment and recover the cost.
In February of 2015, DMPS tariff payments were increased to PS240,000 in February for those diagnosed with mesothelioma after or on 10 February 2015. The increase was in response to the judgement in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time that the DMPS has been considered in appellate court and provides some helpful guidelines on its scope.