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Diffuse Mesothelioma Payment Scheme

Questions & Answers

  1. Can I make an application?
    • The Am I Eligible to Apply? checklist will help you to understand whether you are eligible to apply to the scheme.
  2. When should I make an application?
    • You have up to three years after your first diagnosis of Diffuse Mesothelioma to make an application, but you may want to apply as soon as possible after your diagnosis when you have the supporting evidence outlined in question 4. If you were diagnosed between the 25th July 2012 and the date the scheme starts taking applications, you have three years to apply from the date the scheme starts taking applications.
  3. Can I make an application if a relative of mine has died with Diffuse Mesothelioma before they could apply?
    • Yes, but only if you are an eligible dependant of the deceased. Where there are two or more dependants, payments can be made to each dependant but the amounts will equal the amount that would be payable if there was just one dependant.
  4. What information/documents will I need to provide to support my application?
    • In order to complete the application form fully, you will need to have the following pieces of information to hand:
      1. National Insurance Number
      2. Full employment history
      3. Evidence of employment
      4. Age at diagnosis
      5. Evidence of diagnosis and the date
      6. Details of any previous claims
      7. Witness Statement
      8. Evidence of unsuccessful attempt to trace your employer/their insurer
      The Employers’ Liability Tracing Office holds records of historic insurance policies. In order to determine if there is a liable party that you might be able to claim against, an extended trace needs to be carried out via ELTO.
  5. Do I need a solicitor to make an application for a payment from the scheme?
    • No, the application can be made by you. The application form should be completed and submitted with the documentation as detailed in the application form. You may at any point wish to instruct a solicitor to act on your behalf.
  6. I would like to make an application online but can’t provide my supporting evidence electronically. Can I still apply?
    • If you do not have electronic copies of some or all of your supporting evidence, you can send us paper copies by post. Any original or photocopy documentation sent by post should be marked with your unique reference number confirmed in the application acknowledgement email.
  7. What if I can’t provide all the required evidence to support my application?
    • If evidence is missing from your application when we receive it, we will write to you setting out what is missing and asking you to provide the relevant information. Your application will be put on hold until this is received. If you do not send us the further information requested, a decision on your eligibility will be made solely on the evidence you have sent.

      If you have any questions about your application or the supporting evidence before you submit your application, please do not hesitate to contact us.
  8. What if I need to provide information but can’t get it from the person who has it?
    • If you have a solicitor you may want to ask them to help you progress your application. Otherwise, let Gallagher Bassett know and we will check if we can get the information on your behalf.
  9. How safe is the data I provide in support of my application?
    • As the scheme administrator, Gallagher Bassett are bound by strict rules (which go beyond the rules contained in the Data Protection Act 1998) concerning the storage and unauthorised disclosure of information relating to a person and acquired in the course of administering the scheme.
  10. How much will I receive as a payment?
    • Payments are made according to age based tariff. The tariffs relate to the age of the person with Diffuse Mesothelioma when they were diagnosed. There are two tariffs – the first is for a person diagnosed from 25 July 2012 to 9 February 2015. The second is for a person diagnosed from 10 February 2015 onwards. However, where the application is made by a dependant and a diagnosis was made after the sufferer’s death, the tariff payment will relate to the age of the sufferer when they died. Please see question 12 below for further information regarding the payment tariff.
  11. Who pays my solicitor’s fees?
    • If your application is successful, the Scheme will pay you a fixed fee of £7,000 out of which you can pay your solicitor’s fee. If you incur legal costs of less than £7,000 you are entitled to keep the difference. If your legal costs exceed £7,000, you will be liable to make up the difference.
  12. How long will it take before I receive a payment?
    • If your application is successful, you will receive payment six weeks* from receipt of the application providing all of the requested information is received with your application.

  13. What if I die before I receive a payment from the scheme?
    • If you submit an application to the Diffuse Mesothelioma Payment Scheme and it is under consideration when you die, your claim will be progressed as if you were alive and a decision made.

      If successful a payment will be made to your personal representative. If an application has not been made to the scheme before the death of the person with Diffuse Mesothelioma, but they would meet the eligibility criteria, dependants may apply for a DMPS payment.
  14. What happens to the money I received under the lump sum schemes administered by the DWP and social security benefits I have received?
    • If you have received recoverable DWP lump sum payments or social security benefits in relation to mesothelioma, these will be deducted from the tariff payment. This is in line with the benefit recovery rules that operate for civil claims.
  15. What happens if, after I’ve received a DMPS payment, I find an employer or insurer to sue?
    • The DMPS payment is payable in cases where a claim could not be brought against a liable employer/insurer. If a liable employer/insurer is subsequently identified and a successful claim made, the compensator must deduct the amount of the DMPS payment from the compensation payment and repay that to the DMPS scheme. If a liable employer/insurer is identified after a scheme payment has been made, you must contact Gallagher Bassett who will provide further advice and may be able to assist you in pursuing the claim.
  16. What can I do if my application is unsuccessful?
    • You may request that Gallagher Bassett review the decision on your application, giving your reasons why you feel that decision was incorrect. If you remain dissatisfied once the review has been completed, you can request that an independent appeal tribunal (known as the First Tier Tribunal) considers your case.

If you have any other queries which have not been addressed by the Questions & Answers or the General Advice and Glossary, please do not hesitate to contact us on DMPS@gbtpa.com