Diffuse Mesothelioma Payment Scheme (DMPS) Tariff increases welcomed – but has an opportunity been missed?
Historically people who developed mesothelioma after workplace exposure to asbestos, for employers who were no longer trading and whose insurers could not be found, would not receive compensation. When the Diffuse Mesothelioma Payment Scheme (DMPS) was introduced for those diagnosed after 2012 it filled this loophole as mesothelioma sufferers could then receive some payment under a “one size fits all” tariff scheme.
The scheme is funded by a levy on the insurance industry.
What are the changes?
We very much welcome the recent increases in the tariff, for all those diagnosed with mesothelioma after 4 November 2025.
Under the new tariff a 75-year-old would receive a gross payment of £211,996 instead of the £142,279 they would have received previously. This includes all benefits paid – which will be recouped – together with a contribution towards legal fees.
The increase is very welcome, but the scheme still does not mirror typical civil compensation payments, as it was originally intended to do.
How does the DMPS compare to typical civil compensation payments?
Coverage limits
Firstly, it only covers mesothelioma. Individuals with other dust diseases like lung cancer, asbestosis or even silicosis – which can also be deadly – who were unfortunate enough to have worked for a defunct uninsured company recover nothing.
It also only covers employed exposure to asbestos. Many people are exposed outside of employment. For example, secondary exposure from a loved one’s work clothes – this is not covered. Alternatively, they may have been effectively treated as an employee but their insurer did not pay their national insurance so it does not appear on their record. Evidencing their employment can be very difficult and may mean that claimants slip through the net.
Private medical treatment exemptions
Secondly, it allows nothing for private medical treatment. Within the context of a successful civil claim, access to bespoke medical treatment is possible. Applicants who are only able to recover a DMPS payment would have to fund bespoke treatment themselves from their award. They may face the invidious choice between paying for care and assistance or paying for treatment. This is an even more difficult choice when the mesothelioma sufferer is a carer for other family members.
Time limits
Thirdly, the time limit for applying to the DMPS scheme is three years from the date of diagnosis. This is different to civil law where the time limit is three years from the date of knowledge. Also, in civil claims, if a mesothelioma sufferer were to pass away within the three years from their date of knowledge, their Estate has a further three years from their date of death in which to pursue the claim. Under the DMPS scheme the time limit does not reset.
Class of dependants
Finally, the class of dependants is narrow. The DMPS will only make payments to mesothelioma sufferers and those who are financially dependent on them. There is no recourse for the Estate of the person who has died from mesothelioma – children and other family members who are bereaved but who are not financially dependent on the sufferer. They cannot claim a payment under the scheme.
Although we welcome the recent tariff increases the opportunity has been missed to use this review of the scheme view to address some of the inequities I have highlighted in this piece.
