Glossary
Term | Definition
|
| Applicant | The person applying to the scheme for a payment. This can be either a person diagnosed with Diffuse Mesothelioma, or an eligible dependant of a person who has died from Diffuse Mesothelioma. |
| Connected Person | A person making an application on behalf of the person diagnosed with Diffuse Mesothelioma - e.g. when the person diagnosed with Diffuse Mesothelioma is too ill to apply themselves. This could be a friend, a relative, or a solicitor. |
| Diffuse Mesothelioma | A specific condition arising from exposure to asbestos. |
| Eligible Dependant | A relative or person dependent on the person diagnosed with Diffuse Mesothelioma at the time of their death, e.g. a spouse who was living with the person diagnosed with Mesothelioma or was receiving financial support from the them. 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 permanently 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 (FTT) is part of His 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 person diagnosed with Mesothelioma'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. |
| Health Care Professional | This can be a registered medical practitioner, a registered nurse, or a member of a diagnosis team. |
| Personal Representative | A personal representative is a person who is administering the estate of a person who has died as a result of Diffuse Mesothelioma. They may be someone with power of attorney, 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 person diagnosed 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. |
| 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 may then be maintained, amended, or overturned. |
| Scheme Administrator | TopMark Claims Management Ltd (a subsidiary of the Davies Group) 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. |
| Upper Tier Tribunal | The Upper Tier Tribunal (UTT) hears appeals on decisions of the chambers of the First Tier Tribunal (see above). |
Witness Statement
Protective Application | A written statement given by the applicant that gives full details of the person diagnosed with Diffuse Mesothelioma’s employment history and details any periods of potential exposure to asbestos during the periods of employment.
An application submitted to the DMPS during the lifetime of someone diagnosed with Diffuse Mesothelioma in order to protect their position while possible civil routes are investigated / pursued |
There are various organisations who can assist you and will help you complete any necessary paperwork: please see a list of some of them below:
You can also get information and advice from any local Citizens Advice Bureau, local support groups and Trade Unions.
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