The Diffuse Mesothelioma Payment Scheme Regulations 2014

In January 2014 the government passed legislation that established a mesothelioma compensation scheme funded by a levy on insurers. This scheme pays compensation to those suffering from diffuse mesothelioma who cannot trace an employer or former employer liability insurer who was responsible for their exposure to asbestos.

People who are unsuccessful with their application can request that the decision be reviewed. More information about this process can be found in tariff tables below.

What is the DMPS?

In 2014, the Mesothelioma Act included a new scheme for payment of diffuse mesothelioma payment scheme mesothelioma. The scheme is a solution to a gap which previously meant that sufferers who were unable to locate their employer, or their insurer, could not claim compensation. The scheme was described as an "scheme of last recourse" at the time and the Forum welcomed it's introduction.

It is an all-in lump sum payment to compensate those diagnosed with diffuse mesothelioma and who are unable to take a civil action through the courts. It is financed through an insurance levy on employers' liability insurance companies and administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in the year 2018. The DMPS scheme uses the tariff system, in which the amount of the lump sum is determined by your age at the time you were diagnosed with mesothelioma.

If you are successful in your DMPS application, you will receive funds within six weeks of your claim being processed. In addition, you will receive a contribution of PS7,000 towards the legal costs. Your solicitor will assist you in completing the DMPS form and obtaining the necessary documents, including proof of unsuccessful attempts to locate your employer or insurer through the Employer's Liability Tracing Office.

Although it is possible to make an DMPS application on your own however, you'll need a specialist mesothelioma payments lawyer to guide you through the process and ensure that the information you provide is true. The lawyer will assist in providing a detailed job history and explain the circumstances that caused asbestos exposure and how it affected your lifestyle.

It is essential that all information provided on the DMPS form is correct in order to avoid any mistakes. Failure to provide the correct information could result in your application being denied. Candidates will receive a confirmation letter letting them know if they're successful or not. The funds will be deposited directly into your bank account. If you're unsuccessful 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 settlement payments when it was launched, particularly because it can take a long time for asbestos-related diseases to develop. The scheme fills in an opportunity that had previously allowed asbestos sufferers to receive compensation from their former employers and insurers.

Four years later, it must be questioned whether the DMPS is sufficient and if there is more that could be done to ensure that those who are unable to pursue a civil lawsuit are still able to receive the compensation they deserve for their exposure to asbestos. It should be noted that the DMPS only makes payments to mesothelioma patients and those who are financially dependent on them, not the Estate of a person who has died from the disease or those who were exposed to asbestos on a secondary basis, like wives who cleaned their husbands' work clothes or who are exposed to environmental hazards or mesothelioma Payment scheme not knowing who they worked for.

The scheme permits three years to pass from the date of diagnosis, compared to the three-year limitation period for civil claims. This leaves some victims at a disadvantage as it means they do not have the opportunity to claim for costs like treatment with immunotherapy which has been proven to dramatically increase the life expectancy of some 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 covered in civil claims. This must be addressed as a matter of urgent importance if a victim wishes seeking the most effective financial recovery for their asbestos-related disease. This can be achieved by the assistance of a specialist solicitor who can apply to the SSCS6a to request a review (or "mandatory reconsideration") of any decision by the Scheme Administrator.

How do I submit an application to the DMPS?

If you have debts that are in your name or joint names with another you may include the name of the other party in your DMP. The creditors of the other will still pursue them when the debt isn't paid in the full amount.

Some people have tried using DMPS by sniffing it out or applying it to the skin (transdermal). However, this is not a suitable method of administration because DMPS is water-soluble. Furthermore, it is oxygen reactive and will be degraded quickly. It is only available by mouth or intravenously. [14] DMPS must also be fat-soluble in order to function in the lymphatic system.

What happens if I am not successful?

The DMPS is an insurance-funded compensation scheme, which was introduced by the Mesothelioma Act 2014. It provides compensation to people diagnosed with diffuse mesothelioma payments mesothelioma and their dependents who were exposed asbestos while working in the UK. It is a program that is paid for by a levy on the insurance policies of employers' liability. The DMPS is in operation since April 2014. It is able to award payments of upto PS240,000 for each person.

There are certain deadlines that must be adhered to to make an application for an amount. This includes the date of your first diagnosis of mesothelioma, and a deadline of three years from that point. If you've been diagnosed with mesothelioma settlement payouts and can find your former employer or their Employers Liability Insurance, it's worth applying as soon as you can.

If your application is rejected You can request a review by the Scheme Administrator. This can be done by filling out an DMPS Request for Reconsideration form. It is essential to consult with a lawyer during this procedure. They can complete the application on your behalf, assist in gathering the required documents, and help you throughout the process.

If you are not happy with the result of the review, you can appeal to the First Tier Tribunal. This is part of the Tribunal Service. It is important that you seek legal advice as soon as you can if you intend to appeal.

Immunotherapy and other innovative treatments are showing tremendous 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. In the end, some sufferers will choose 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 made in response to the ruling in DP v Topmark Claims Management Ltd (2010) UKUT 0106(AAC). This is the first time the DMPS is being considered at appellate level and provides useful guidelines regarding its scope.