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Diffuse Mesothelioma Payment Scheme

Glossary

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

 

Connected Person:
A person making an application on behalf of a sufferer e.g. when 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, e.g. 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:
Using a centralised database, the ELTO service can trace Employers’ Liability insurance policies.

 

Evidence of Diagnosis:
Documentary evidence from a health care professional, e.g. a letter from a GP confirming a diagnosis of Diffuse Mesothelioma.

 

Evidence of Employment:
Documentary evidence of employment with a given employer. This could be a payslip, a P60, or an 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 independent adjudication.

 

Full Employment History:
The sufferer’s history of employment. This should list all employers, the dates of employment for each, and a description of the duties involved. It should also include any gaps and a brief explanation for those gaps, e.g. periods where the employer is unknown, or of unemployment, illness, or childcare.

 

Personal Representative:
A personal representative is a person who is administering the estate of the deceased mesothelioma sufferer. They 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 previous claims, successful or not, that may have been made in respect of Diffuse Mesothelioma. These 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 that the Scheme Administrator conduct a review of the original decision. The review will be carried out by a different assessor to the person who made the original decision. The original decision can be maintained, amended, or overturned.

 

Scheme Administrator:
TopMark Claims Management Ltd is the appointed Scheme Administrator, and runs the scheme in accordance 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 potential exposure to asbestos during the periods of employment.

Useful Links

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 here:
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