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Diffuse Mesothelioma Payment Scheme

General Advice and Glossary

General Advice

The Diffuse Mesothelioma Payment Scheme was introduced in 2014 by the Mesothelioma Act 2014. It is designed to provide substantial payments to sufferers of Diffuse Mesothelioma and their dependants who cannot access compensation elsewhere. On this page you can find general advice on what to do if you wish to apply to the scheme, and a glossary of terms used throughout this website.

What should I do?
  1. Contact a solicitor to see if you can make a common law claim against your employer or employer's insurer. If this is not possible, and you think you are eligible for a scheme payment, you can either apply to the scheme yourself, or use a solicitor to assist you in making an application to the scheme.
  2. If you believe you are eligible please complete the DMPS Application Form
  3. Submit the Application Form with the documents required either via the website or by post to the address provided on the DMPS Application Form.
  4. Your application may take up to six weeks to process. If the application form is not completed fully this will delay the process.
  5. If your application is successful, a payment will be made in accordance with the tariff. If the application is brought by two or more dependants, please see the information in the 'Questions and Answers' tab. The figures quoted in the tariff table are before any deductions are made for recoverable lump sum payments and social security benefits which were paid in relation to mesothelioma.
  6. If your application is unsuccessful and you are dissatisfied with the outcome you can request a review provided you supply information on why the decision should be reviewed.
  7. A review will be carried out and if you are still not satisfied with the outcome of that review you can appeal to the First Tier Tribunal which is part of the Tribunal Service.
  8. You may wish to contact a solicitor at any of the above stages. If you have instructed a solicitor they may help you complete the application form, obtain relevant documents with information provided by you and advise you on aspects of the eligibility criteria and about the review process if necessary.

Glossary

Appeal
If the applicant does not accept the Scheme Administrator’s review of the decision on application, an appeal can be made to the First Tier Tribunal.
Further details can be located at https://www.justice.gov.uk/contacts/hmcts/courts If you require FTT forms please contact Gallagher Bassett.

Applicant
The person applying to the scheme for a payment. This can be a person suffering with Diffuse Mesothelioma, or it can be a dependant of a person who has died from Diffuse Mesothelioma.

Connected Person
A person making an application on behalf of a sufferer. For example, in the case that the sufferer of Diffuse Mesothelioma is too ill to apply themselves. This could be a friend, a relative, or a solicitor.

Diffuse Mesothelioma
A condition arising from exposure to asbestos.

Eligible Dependant
A relative or person financially dependent on the sufferer of Diffuse Mesothelioma at the time of the sufferer’s death. For example, an eligible dependant is likely to be a spouse who was living with the sufferer or was receiving financial support from the sufferer. Alternatively, if there is no spouse or partner an eligible dependant could be a child (or children) who is under 16, or is under 21 and not employed full time, or is incapable of self support.

ELTO – Employers Liability Tracing Office
The ELTO service can trace Employers’ Liability insurance policies using a central database.

Evidence of Diagnosis
Documentary evidence from a health care professional, such as a letter from a GP confirming diagnosis of Diffuse Mesothelioma.

Evidence of Employment
Documentary evidence of employment with a given employer. This could be a payslip, a P60, or a HMRC employment record.

First Tier Tribunal
The first tier tribunal is part of Her Majesty’s Courts and Tribunal Service. In the event that an applicant is dissatisfied with a review of their application, they can refer their case to the First Tier Tribunal for an independent appeal.

Full Employment History
The sufferer’s history of employment. This should list all employers and give the dates of employment for each. It should also include any gaps and a brief explanation for those gaps. For example, the employer for a period could be unknown, or there could be a gap due to unemployment, illness, or childcare.

Personal Representative
A personal representative is a person who is administering the estate of the deceased mesothelioma sufferer, and may be a person named in the deceased's will as an executor or, failing that, as a beneficiary under the will or, where there is no will, a next of kin. In the case that a sufferer with Diffuse Mesothelioma dies whilst an application is being considered, and is then deemed eligible for a payment, the payment will be made to their personal representative.

Previous Claims
This includes any claims that may have previously been made in respect of Diffuse Mesothelioma, successful or not. This could be claims to a liable party (such as an employer or employer’s insurer), claims to a state funded scheme of support or claims to the Armed Forces Compensation Scheme.

Health Care Professional
This can be a registered medical practitioner, a registered nurse, or a member of a diagnosis team.

Reverse Chronological Order
Employment history starting with the most recent employer and finishing with the first employer.

Review
If the applicant is not satisfied with the outcome of their application the applicant can request a review and the Scheme Administrator will review the application. The review will be carried out by a different assessor to the person who originally assessed the application, and the original decision can be maintained or overturned.

Scheme Administrator
Gallagher Bassett is the Scheme Administrator, and runs the scheme in accordance with arrangements made with the Department for Work & Pensions.

State Funded Scheme of Support
There are two existing schemes run by the Department for Work and Pensions that pay benefits in respect of Diffuse Mesothelioma. These are often referred to as the 1979 and 2008 Act schemes.

Tariff
The tariff sets out the amount a person can expect to receive from the scheme. The amounts are based on a fixed rate, according to the age of the sufferer on the date of diagnosis.

Witness Statement
A written statement given by the applicant that gives full details of the sufferer’s employment history, and details any periods of exposure to asbestos during the periods of employment.

Useful Links

Further information on how to request your employment history records can be found here:

http://www.hmrc.gov.uk/industrial-compensation/

The Employers Liability Tracing Office can be accessed through the link below:

http://www.elto.org.uk/

The full regulations for the Diffuse Mesothelioma Payment Scheme can be accessed here:

http://www.legislation.gov.uk/ukdsi/2014/9780111109106/note