Ashtons Legal asbestos team is experienced in providing clients with legal advice and submitting successful applications under the Diffuse Mesothelioma Payment Scheme since the scheme was introduced in 2013.
The DMPS is available where the defendant company has no insurance or where no defendant company can be located.
Who can claim under the DMPS?
To claim, you must meet all of the following conditions:
- you were diagnosed with Diffuse Mesothelioma on or after 25 July 2012
- your mesothelioma was caused by exposure to asbestos when working in the UK
- you are unable to trace the employer that exposed you to asbestos, or their insurers
- you have not made a claim against any employer insurer
- you have not received damages or a specified payment for mesothelioma and you are not eligible for a specified payment
- you are a dependent of the sufferer who died from mesothelioma.
You cannot apply if:
- your disease is a result of secondary exposure, e.g. washing a relative’s clothes
- your disease is due to environmental exposure.
How long does making a DMPS application take?
Providing that all of the requested information has been received by your solicitor and your application is successful, you will receive a decision after six weeks from receipt of the application.
The DMPS will send you a letter notifying you of the result of your application.
The payment of the DMPS award (age-based tariff) and any legal fees (currently £7,000) will be paid to you into your provided bank account, or by cheque if this is the payment option you requested.
Does DMPS cost anything?
Unfortunately, due to the insurance industry’s reluctance to fund claims where there are no insurers, the solicitors who specialise in these applications are still required to gather a significant amount of information in order to put together the DMPS application.
The government recognise a DMPS claim still requires significant investigations and they have allocated £7,000 within every DMPS tariff award to cover any legal fees.
The £7,000 will be sent to you as part of the compensation award you receive under the age-based tariff.
Please note that you will only pay up to £7,000 and all fees will be calculated against our hourly rate.
If your application is unsuccessful for any reason, you will not be charged any legal fees. There is no requirement to have any legal expenses insurance.
It is always our advice to seek advice from one of Ashtons Legal specialist asbestos team as DMPS claims do require evidence to be provided e.g. HMRC work history, witness statement, copy medical diagnoses from hospital.
The information that is required for a DMPS claim can be difficult for someone suffering from mesothelioma to deal with or an added worry for care givers, Ashtons Legal specialist asbestos team would be able to support you or your family in putting together an application and the process is relatively quick in comparison to a civil legal claim.
DMPS and the Compensation Recovery Unit
If you are successful in your DMPS claim, you will not need to pay anything back to the Department for Work and Pensions. This is because the DMPS will refund the government any benefits you have received at the conclusion of your claim. After this, you will continue to receive all benefits you are eligible for life.
The Compensation Recovery Unit will also provide an account outlining all the government benefits you have received from the Department for Work and Pensions
If for any reason you are unable to make a legal claim or claim for DMPS you will also continue to still receive any benefits you are entitled to and there will be no requirement to refund the government.
DMPS mesothelioma payments and other benefits
You are still entitled to receive Industrial Injury Disablement Benefit if you are:
- in employment, in receipt of your state pension, in receipt of your employment and support allowance, in receipt of incapacity benefit/contribution based
- after receiving a DMPS award.
Diffuse Mesothelioma Payment awards may affect the following benefits if you or your partner are claiming them:
- Incapacity benefit
- Income Support
- Income-based Job Seekers Allowance
- Income-based Employment and Support Allowance
- Pension Credit
- Housing Benefit
- Universal Credit
- Working Tax Credit
- Counsel tax reduction
- Personal Independent payment
- Exceptionally severe disability allowance.
As benefit claims can be complicated it is always our advice that you contact Ashtons Legal specialist asbestos team to advise what benefit you and your partner are in receipt of before making any applications.
We can help you if you have any questions about the benefits available and what you are entitled to, or need assistance in making a claim, please get in touch with one of our asbestos team who will be more than happy to help.