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 will pay compensation to those suffering from diffuse mesothelioma, when they are unable to find a former employer or an insurer who is accountable for their asbestos exposure.

Applicants who are not satisfied with the decision may request a review. More details about this procedure can be found in tariff tables below.

What is the DMPS (Digital Media Payment System)?

The Diffuse Mesothelioma Pay Scheme (DMPS) was launched in 2014 as a part of the Mesothelioma Act 2014. This scheme fills in a gap that previously prevented those who were unable to locate their employer or employer’s insurance company from seeking compensation. It was referred to as a’scheme for last resort’ and the Forum was pleased with its introduction, particularly as it filled a loophole which allowed asbestos victims to be denied the financial support they deserved.

It is a lump-sum payout for those who have diffuse mesothelioma diagnosed, who are unable to pursue a civil case through the courts. It is financed by an insurance levy on insurers of employers’ liability and administered by Gallagher Bassett before it was taken over by TopMark Claims Management Limited in 2018. The DMPS scheme is based on an underlying tariff system, where the amount of the lump amount is determined based on your age at the time you were diagnosed with mesothelioma.

If you’re successful with your DMPS application you will receive the funds within six weeks of your claim being processed. In addition, you’ll also receive a contribution towards legal costs of PS7,000. Your solicitor will assist you in filling out the DMPS form and obtaining the necessary supporting documentation, such as evidence of unsuccessful attempts to locate your insurer or employer via the Employer’s Liability Tracing Office.

You can submit an DMPS request on your own, but you’ll need a lawyer who is specialized in mesothelioma. The lawyer will help you and make sure that the information you provide is correct. The solicitor will help you to provide a detailed job history and describe the circumstances that led to the exposure to asbestos and how it affected your life.

All information must be correct on the DMPS application form. If the information is not correct, your application will be refused. The applicants will receive a letter that will inform them if they’re successful or not. The funds will be transferred directly to your bank account. If you don’t get a positive result you may appeal the decision.

Who is eligible for an DMPS payment?

At the time of its launch, the DMPS was an enormous step forwards for those suffering from mesothelioma, particularly as it’s often too late to pursue an action in civil court due to the length of time that an asbestos related illness takes to develop. The scheme fills a void which had previously allowed people who could not find their former employers or insurers to claim compensation for asbestos exposure and has been embraced by many mesothelioma victims and their families.

But, 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 can still obtain the compensation they deserved for their exposure to asbestos. The DMPS doesn’t pay to those who died of mesothelioma or to those who were exposed on a secondary level for example, those who cleaned the work clothes of their spouses or to those who were exposed through exposure to asbestos from the environment.

The scheme also allows for three years from diagnosis to apply, unlike the three-year period that is the statute of limitations in civil claims. This leaves certain victims in a disadvantage as it means they are not given the opportunity to claim costs such as treatment with immunotherapy which has been proven to significantly improve life expectancy in some cases, but isn’t available on the NHS and can cost up to PS280,000.

Finaly, the DMPS does not cover legal fees. However another scheme allows these costs to be covered for civil claims. If which filing a mesothelioma lawsuit payout -related illnesses are to be treated as effectively as possible, this issue should be addressed as soon as possible. A specialist solicitor can help 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 that are in your name or joint names with someone else, you can include the name of the other person in your DMP. The creditors of the other person will still pursue them when the debt isn’t paid in complete.

Some people have tried DMPS transdermally (by applying it to the skin) or by sniffing. This is not a great method of administration since DMPS is easily soluble in water. Additionally it is a reactive oxygen and could degrade quickly. It can only be administered via oral or intravenously. [1414 DMPS must also be fat-soluble in order to function in the lymphatic system.

What happens if I’m not successful?

The Mesothelioma Act 2014 introduced the DMPS, a compensation scheme funded by insurers. It makes payments to sufferers of diffuse mesothelioma and their dependants who have been diagnosed with this incurable cancer because of exposure to asbestos in work in the UK. The scheme is funded by a levy placed on employers’ liability policies. The DMPS has been in operation since April of 2014 and is able to award payments of up to PS240,000 per person.

There are certain deadlines which must be adhered to in order to apply for an amount. The date of first mesothelioma diagnosis, and a three-year timeframe from the date of diagnosis are included. If you’ve been diagnosed with mesothelioma and you can identify your former employer’s liability or their Employers’ Liability insurance then it is worth applying as soon as you can.

If your application is rejected, you can ask the Scheme Administrator to conduct an appeal to the decision. You can do this by completing a DMPS Request for Reconsideration Form. It is crucial to consult a lawyer throughout the process. They can complete the application on your behalf, assist with collecting the necessary documents and assist you at every step.

If you aren’t satisfied with the results of the review, you may appeal to the First Tier Tribunal which is part of the Tribunal Service. It is crucial to seek legal advice as soon as possible should you decide to appeal.

Immunotherapy, along with other new treatments are showing great promise for extending the life expectancy of people diagnosed with mesothelioma. However the treatments are very expensive and are not available on the NHS. Therefore many sufferers choose to file a civil lawsuit for compensation to pay for their treatment and recover costs.

In February 2015 the DMPS tariff payment was increased to PS240,000 for those who have been diagnosed with mesothelioma after 10 February 2015. The increase was as a an outcome of the ruling in DP v Topmark Claims Management Ltd (2020) UKUT 0106 (AAC). This is the first time in which the DMPS was examined at an appellate level, and provides some useful guidelines regarding its scope.