2008 Diffuse Mesothelioma Scheme FAQ

Diffuse Mesothelioma Scheme 2008 FAQ

2008 Diffuse Mesothelioma Scheme FAQ

 

What is the start date of the scheme?

Which benefits does form PWC1 apply to?

Where can we get claim forms from?

Are photocopies of claim forms acceptable?

Where can we get new copies of form BI 100PN(A) from?

Will claims always be processed within 6 weeks?

There is a target of 6 weeks for processing a claim under the new scheme. Is there a similar target for claims made under the 1979 Act?

In respect of the 12 month time limit for a claim from a dependant, what happens if the diagnosis isn’t made until post mortem?

Could a dependant wife of a sufferer who was rejected under the 79 Act and died 2½ years ago now claim under the 2008 scheme?

If a person chooses not to claim during life, can his dependant make a claim  after he has died?

What about elderly people who won’t claim because "it’s asking for charity"?

Are recent claims which failed under the 1979 Act being investigated for possible entitlement under the 2008 Act?

Do we require verification from HMRC about the customer’s employment history?

Can you confirm what medical evidence is required?

If a nurse signs a BI 100 PN(A) for a claim under the 2008 Scheme but the customer subsequently qualifies for IIDB, will a further BI 100 PN(A) be required?

If a claim form is received without medical evidence, what date will be taken as the date of claim?

What types of mesothelioma are eligible for a payment under the 2008 Scheme?

If a sufferer claims in life but dies before payment is made, what rate will be paid?

What happens if a customer receives a lump sum payment and they subsequently discover that they have been misdiagnosed and do not have the disease? Will the payment be recovered?

Will payments under the 2008 Scheme always be lower than those under the 1979 Act?

How is the 2008 Diffuse Mesothelioma Scheme being publicised?

If a person has been paid under either the 1979 Act or the 2008 Scheme  and then they qualify for a payment of civil compensation, will they have to repay the money they have already received? What happens if they have spent it?

If a customer is paid a lump sum in life and subsequently commences civil proceedings, but he dies before payment is made, will the payment he has already received be recovered from the civil compensation paid to his dependant?

Can the lump sum be recovered if there is an agreement to settle the compensation claim before 1 October 2008 but payment is made after this date?

Why have sufferers claiming under Turner & Newell and the Manville Trust not been made exempt from recovery?

Will these compensation payments make a difference to any War Pension in payment?

Insurance companies have mostly made windfall bonuses from the 1979 Act. Why isn’t the polluter being made to pay more to the sufferers?

If compensation is paid from abroad, can it be recovered by CRU?

Will people living abroad qualify under the new scheme?

There are a considerable number of people from the Ukraine, Poland etc who worked in the UK from the 1940s until the 1980s but who have now returned home to live. Will they qualify?

Is the International Pension Centre (IPC) involved in the new scheme?

Will payments be made to  people working in British naval dockyards in places like Gibraltar or Malta?

Can a customer receive a payment under the 1979 Act without claiming IIDB?

Will appeals be heard by a tribunal in the same way as SS benefits appeals?

Contact details for any further questions

 


 

What is the start date of the scheme?

 

 

 

The scheme starts on 1 October 2008.

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Which benefits does form PWC1 apply to?

 

 

 

Claims for both the 1979 Act and the new 2008 Diffuse Mesothelioma Scheme should be made using form PWC1.

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Where can we get claim forms from?

Claim forms can be obtained from Barrow office by telephoning 0800 279 2322.

 

However please order no more than 50 because, as with any new scheme, we may need to make alterations to the claim form and we do not want organisations holding large stocks of obsolete versions. This may also delay the processing of claims. The first update is due in April 2009. If there are any parts of the claim form which cause difficulty, please let us know by mid-January 2009.

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Are photocopies of claim forms acceptable?

 

We would prefer that original copies of all claim forms are used but if necessary, photocopies of blank forms are acceptable. All forms must be completed as though they were originals and signed accordingly. Photocopies of signatures are NOT acceptable. After 1 October 2008, all claims to both the Diffuse Mesothelioma Scheme and the 1979 Act should be made on form PWC1. All old claim forms, including those supplied in the past from the DTI, should be destroyed.

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Where can we get new copies of form BI 100PN(A) from?

 

 

Form BI 100 PN(A) can be obtained from Barrow office (Telephone 0800 279 2322). Photocopies of blank forms will also be accepted providing they have been completed as an original.

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Will claims always be processed within 6 weeks?

 

The Department aims to process 95% of claims within 6 weeks of receipt of the claim form. However this will rely on the customer completing the claim form fully and providing medical evidence promptly.

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There is a target of 6 weeks for processing a claim under the new scheme. Is there a similar target for claims made under the 1979 Act?

 

There are currently no official targets for the 1979 Act although the Department is committed to processing all claims as promptly as possible.

Because many customers make a claim under the 1979 Act before they have claimed for IIDB, there is more work to be done before the 1979 Act claim can be considered.

IIDB pays a weekly benefit and currently payments under the 1979 Act are higher than under the 2008 Scheme and therefore it can be very advantageous for a customer to receive these benefits, even if they take a couple of weeks longer to finalise.

Customers whose exposure to asbestos was while working as a paid employee should be advised to claim IIDB for PD D3 without delay. IIDB can be paid regardless of whether a 1979 Act claim is made but before a payment can be made under the 1979 Act, IIDB must be in payment.

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In respect of the 12 month time limit for a claim from a dependant, what happens if the diagnosis isn’t made until post mortem?

 

Claims from dependants must be made within 12 months of the sufferer’s date of death. We do have provisions to extend this time limit where the claimant can demonstrate good cause for not making their claim on time.

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Could a dependant wife of a sufferer who was rejected under the 79 Act and died 2½ years ago now claim under the 2008 scheme?

 

No. Legislation for the 2008 scheme was not in force at that time.

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If a person chooses not to claim during life, can his dependant make a claim after he has died?

Yes. Providing no payment has been made in life and all the other entitlement conditions are satisfied, a dependant can make a claim after the sufferer has died. They will be paid at the dependant’s rate.

 

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What about elderly people who won’t claim because “it’s asking for charity”?

 

 

The 2008 scheme payments are not social security benefits. Instead they are compensation payments made in lieu of or instead of civil damages. We are widely publicising the new scheme to encourage anyone who is eligible to apply.

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Are recent claims which failed under the 1979 Act being investigated for possible entitlement under the 2008 Act?

Yes. A trawl is currently under way looking at claims made in the last year. Checks are being made to determine whether the sufferer is still alive, and if so, claims will be invited under the new scheme.

 

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Do we require verification from HMRC about the customer’s employment history?

 

 

No. A customer’s employment history is not required for a claim to the 2008 Scheme.

If a person has been exposed to asbestos as a paid employee, their claim will be considered under the 1979 Act, if appropriate.

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Can you confirm what medical evidence is required?

 

 

Customers will not be medically examined. Therefore medical evidence must be submitted with all claims. Medical evidence is acceptable from any appropriate health care professional (HCP) providing it states that the person is suffering from diffuse mesothelioma and gives the date the disease was diagnosed. Form BI 100PN(A) has been specially designed for this purpose but a statement from a hospital consultant, the customer’s GP (usually after the disease has been diagnosed by the hospital) or from the customer’s lung cancer or Macmillan nurse is equally acceptable. We do not require a detailed hospital report – just a statement as above.

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If a nurse signs a BI 100 PN(A) for a claim under the 2008 Scheme but the customer subsequently qualifies for IIDB, will a further BI 100 PN(A) be required?

 

No. The team at Barrow office will forward an authenticated copy to the IIDB office which is processing the claim. That is why both the date of diagnosis (required for the 2008 Scheme) and the date of onset (required for the IIDB scheme) are included on the form. If it is clear from the outset that the customer satisfies the employment conditions for an award of IIDB, then their claim will usually be processed as an application under the 1979 Act unless there are special reasons for not doing so. Currently the rates under the 1979 Act are higher than those under the 2008 Scheme and therefore this benefits the customer.

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If a claim form is received without medical evidence, what date will be taken as the date of claim?

To be successful, all claims must be accompanied by medical evidence stating that he  customer is suffering from diffuse mesothelioma. If a claim form is received without medical evidence, the date of claim will be the date the claim form was received in an office of the Department. However the customer will still be required to produce medical evidence that they are suffering from the disease and a claim cannot be processed without this. They will not be sent for a medical examination and if they fail to produce the required medical evidence, the claim will be disallowed.

 

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What types of mesothelioma are eligible for a payment under the 2008 Scheme?

 

 

Only diffuse mesothelioma will qualify for a payment under the scheme.

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If a sufferer claims in life but dies before payment is made, what rate will be paid?

 

 

A payment at the sufferer’s rate will be paid to his estate. It is important that customers claim as soon as possible so that they can benefit from the payment during their life.

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What happens if a customer receives a lump sum payment and they subsequently discover that they have been misdiagnosed and do not have the disease? Will the payment be recovered?

 

 

No. A payment will not be recovered unless the claimant deliberately makes a false claim.

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Will payments under the 2008 Scheme always be lower than those under the 1979 Act?

 

 

The 2008 Scheme is self funding from recovery of payments already made under the 1979 Act and the 2008 Scheme to people who then go on to receive civil compensation. We hope that the payments under the 2 schemes will be equalised as soon as funds allow. It is envisaged that this will happen within a few years although if more claims are received than anticipated, equalisation may be delayed.

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How is the 2008 Diffuse Mesothelioma Scheme being publicised?

 

 

Meetings such as this demonstrate that we have endeavoured to contact as many organisations as possible and we hope that you will spread the word to other colleagues, organisations and groups. Additionally a new marketing leaflet is being developed regarding diffuse mesothelioma and you should receive a copy shortly.

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If a person has been paid under either the 1979 Act or the 2008 Scheme  and then they qualify for a payment of civil compensation, will they have to repay the money they have already received? What happens if they have spent it?

 

 

The money will be recovered at source from the person responsible for paying the compensation and the balance will be paid to the customer. If the civil compensation is less than the money already paid to the applicant, then no balance will be due.

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If a customer is paid a lump sum in life and subsequently commences civil proceedings, but he dies before payment is made, will the payment he has already received be recovered from the civil compensation paid to his dependant?

 

 

Yes. The payment made under either the 1979 Act or the 2008 Diffuse Mesothelioma Scheme will be recovered from any compensation due. However it is important to stress that a dependant will not be asked to repay this. The amount he has been paid will be recovered at source from the person paying the compensation before any payment is made to the dependant.

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Can the lump sum be recovered if there is an agreement to settle the compensation claim before 1 October 2008 but payment is made after this date?

 

 

Yes. Lump sums will be recovered from compensation awards paid out on or after 1 October, even if there is an agreement to settle the claim before this date.

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Why have sufferers claiming under Turner & Newell and the Manville Trust not been made exempt from recovery?

 

 

The purpose of the new scheme is to pay those who have no realistic chance of getting a payment from elsewhere. We accept that people being paid under the trusts set up for suffers of asbestos related disease do not receive the full amount of damages they are due. However given the limited funds available, we have to ensure that this scheme pays those who would otherwise receive nothing.

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Will these compensation payments make a difference to any War Pension in payment?

 

 

If there is entitlement to compensation from the Armed Forces scheme or MoD, no claim can succeed under the 2008 scheme.

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Insurance companies have mostly made windfall bonuses from the 1979 Act. Why isn’t the polluter being made to pay more to the sufferers?

 

 

DWP has worked closely with the insurance industry on this issue. At present insurers can reduce the amounts they pay out in civil damages to take into account any 1979 Act payments the customer has received. This results in a windfall for the insurer. However, the new scheme has been designed to close this loop hole, so that 1979 Act payments will be recovered from any subsequent civil damages. The effect of this is that the insurer is now required to pay the full value of any compensation due. They will continue to pay the reduced amount to the claimant but they will be required to repay to DWP any lump sums paid under the 1979 Act. The claimant will be no worse off, as the 1979 Act payment and the lower rate of civil damages combined will amount to the full value of the civil award.

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If compensation is paid from abroad, can it be recovered by CRU?

 

 

Yes, although sometimes it may take longer to do so.

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Will people living abroad qualify under the new scheme?

 

 

People who are abroad now but have spent much of their life in the UK will qualify for a payment. However, if a person has mostly lived abroad and has only visited the UK for short periods (eg. holidays), they will be unlikely to qualify unless they can specify where and when they were exposed to asbestos while they were in the UK.

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There are a considerable number of people from the Ukraine, Poland etc who worked in the UK from the 1940s until the 1980s but who have now returned home to live. Will they qualify?

If these people worked as employees, such as in a coal mine, shipyard etc, they may well qualify for IIDB and potentially under the 1979 Act. In that case, their claims will be processed under those schemes and not under the new scheme. They should claim IIDB via the International Pension Centre and then claim under the 1979 Act. This procedure has not changed.

 

 

However if they do not qualify under these schemes, eg a wife who lived with her husband in the UK and washed his overalls, but now lives abroad, they may be able to claim under the 2008 Scheme. They should claim from the office in Barrow and give details of their exposure to asbestos when making their claim.

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Is the International Pension Centre (IPC) involved in the new scheme?

 

 

No. All claims under the 2008 Diffuse Mesothelioma Scheme will be processed at Barrow office. However all claims to IIDB should be sent to IPC. When a claim form for PD D3, diffuse mesothelioma is requested, IPC will automatically include a form PWC1, which covers both the 1979 Act and the 2008 Scheme. They will also give the customer a form BI 100 PN(A) for the HCP to complete regarding medical evidence.

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Will payments be made to  people working in British naval dockyards in places like Gibraltar or Malta?

 

 

Service personnel working abroad will be covered by MOD schemes. Other workers will be covered by UK Industrial Injuries Disablement Benefits if subject to UK National Insurance. If they are not subject to UK National Insurance they may be covered by the social security scheme of the country they are insured with. The new mesothelioma scheme is for people who have not contracted mesothelioma at work, but must have been exposed to asbestos in the UK.

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Can a customer receive a payment under the 1979 Act without claiming IIDB?

 

 

The 1979 Act has not changed. To become entitled to a payment from this scheme, a customer must be in receipt of IIDB for PD D3, diffuse mesothelioma. They must then satisfy the other entitlement conditions for an award under the 1979 Act.

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Will appeals be heard by a tribunal in the same way as SS benefits appeals?

 

 

Yes. The forthcoming Ministry of Justice changes will also apply.

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Contact details

 

 

If you have any further questions, please contact the following people:

Jobcentre Plus (for policy issues)

Rob Ward rob.ward@jobcentreplus.gsi.gov.uk

Su Ensor su.ensor@jobcentreplus.gsi.gov.uk

June Anderson june.anderson@jobcentreplus.gsi.gov.uk

Diana Combs  diana.combs@dwp.gsi.gov.uk

Compensation Recovery Unit (for recovery issues)

Claire Aldridge claire.anderson@dwp.gsi.gov.uk

Wyn Thompson wyn.thompson@dwp.gsi.gov.uk

Improving Working Lives Division (for legal issues)

Bobby Towers robert.towers@dwp.gsi.gov.uk

General Operational Queries for the 2008 Scheme and the 1979 Act

All general operational and queries concerning customers’ claims should be made to Barrow office on 0800 279 2322.

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