Armed Forces Compensation Scheme
ARMED FORCES COMPENSATION SCHEME
The Armed Forces Compensation Scheme (AFCS) is a no fault compensation scheme designed to compensate members of the Armed Forces for illness, injury or death arising out of service on or after 6 April 2005.
The scheme applies to regular and reserve personnel. Including Regular and ex-regular members of the Royal Navy, Royal Marines, Royal Airforce, Regular Army (including the Gurkhas, Military Provost Guard Service and Royal Irish Home Service). Members and ex-members of the Reserved Forces are also eligible for benefits under this scheme.
If you or a loved one is injured you may also have a civil claim which can be brought on your behalf and we will be able to advise you as to the best route and what you need to do next.
If I make a claim under the Armed Forces Compensation Scheme does this prevent me from bringing a civil claim?
No.
"The AFCS does not seek to affect your right to make a civil claim if you think that the injury, illness or death was caused by the Department's negligence; if there has been negligence, a civil claim may lead to a higher award, " Deputy Chief of the Defence Staff.
Making a claim under the Armed Forces Compensation Scheme does not disqualify any service personnel from making a civil negligence claim against the Ministry of Defence. Although compensation under the scheme is an improvement on the previous war pensions system, the levels of payment fall far below compensation that may be awarded in a court of law when a pursuing a civil claim arising out of the same circumstances.
Civil negligence claims normally pay out significantly higher levels of damages and we will be able to advise you on whether or not we think you have a civil claim and any other action you might need to take.
Some case examples which highlight the difference:
Joe was based at Lympstone and commuted from Plymouth every day. Whilst at Lympstone he was required to drive a Land Rover up on to Dartmoor for a training exercise. He was driving too fast and crashed the Land Rover breaking his leg. He made a full recovery and was able to carry on in the Marines. It did not affect his employment prospects but under the Armed Forces Compensation Scheme he is now eligible to make a claim for compensation even though he was at fault and caused the accident.
John was on an abseiling training exercise. The ropes had not been tied properly and further miscommunication led to John falling to the ground. He landed awkwardly on his neck and is now paralysed. John was to be invalided out of the Royal Marines. Under the Scheme he will be entitled to compensation but it will be based on a tariff scheme and limited in amount. The Armed Forces Compensation Scheme does not prevent an individual from pursuing a civil claim for compensation. The two can run in tandem. The civil claim in this example is likely to be at least 5 times more than the amount of £285,000 John would receive under the Armed Forces Compensation Scheme tariff. This additional financial assistance is vital in serious injury cases as it is important that a persons care and needs are met for the rest of their lives.
Are sporting activities covered?
Generally benefits will be paid if injury or death occurs whilst participating in adventurous training courses or adventurous expeditions, undertaking physical fitness or swimming test or doing any recognised sport.
What if I am injured travelling from home or from work on a trip abroad. Can I claim?
If you are injured travelling from your place of work or from home to a place of work outside the United Kingdom then you will normally be eligible to claim under the Scheme. You may also have a civil claim which can be brought on your behalf and we will be able to advise you as to the best route and what you need to do next.
Is there a time limit for bringing a claim?
The time limit for making a claim for injury or illness under the AFCS scheme is 5 years from the date:
- The injury occurred or your condition is made worse by service.
- You first sought medical advice for an illness contracted through service.
- After retirement or when you leave the services.
Whichever occurs the earliest.
For the "late onset illness" covered by the scheme a time limit of one year applies from when the illness was first diagnosed.
Please bear in mind that to also bring a civil claim then the time limit is 3years. For a criminal injury claim then the time limit is 2years.
Accidents abroad and on planes and boats also have their own separate time limits. As such advice should be sought at the earliest opportunity.
What am I entitled to?
Apart from serious injury cases (see below), you will receive a non-taxable lump sum based on a tariff scheme.
You can claim a lump sum even if you remain in the service of the Armed Forces.
Some examples of compensation payments are:
- Burns with first degree or superficial second degree burns affecting 4.5 to 15% of whole body surface, £2,625.
- Severe facial lacerations which produced poor cosmetic result despite camouflage and have required or is expected to require operative treatment, £28,750.
- Severe scarring to face or face & neck or neck, torso or limb where camouflage produces a good cosmetic result, £8,250.
- Loss of 2 or more front teeth, £2,625.
- Permanent mental disorder causing severe functional limitation and restriction, £28,750.
- Loss of both legs above or below the knee or both arms above or below the elbow, £285,000.
- Loss of both index fingers, £16,500.
- Partial loss of both great toes, £5,250.
- Uncontrolled post-head injury epilepsy, £46,000.
- Blindness, £201,250.
- Blast injury to ears, £2,625.
- Illness such as malaria with good recovery, £1,050.
What is a Guaranteed Income Payment?
For more serious injuries or conditions there is a Guaranteed Income Payment. This is a payment which is made for the rest of the claimant's life instead of a lump sum.
The amount will be calculated taking into account your personal salary, age and severity of condition. The Guaranteed Income Payment is non taxable but will only be paid out after you have left the Armed Forces.
Where the claim is for death, the deceased dependants may claim a taxable Survivors Guaranteed Income Payment (SGIP)
How do I make a claim?
The Armed Forces Compensation Scheme is administered by the Veterans Agency. Claim forms are available through the Veterans Agency and can be downloaded from its website.
The Veterans Agency will investigate your claim and the circumstances surrounding your injury or illness. They will obtain medical evidence and assess whether you are entitled to an award and if so the level of award you should receive.
We can assist you in making your claim and in some circumstances we may be able to increase an individual's award by getting them from one tariff band up to the next. We can also then advise you on other issues that you will need to consider.
If you or a loved one is injured you may also have a civil claim which can be brought on your behalf. Civil compensation claims are higher awards than those in the AFCS and it is always worth understanding your options. We will be able to advise you as to the best route and what you need to do next.
Make a claim
Do I have to wait before I am out of the Service before making a claim?
No. In view of the time limits we strongly recommend that you put in a claim as soon as possible. We are happy to advise and guide you as appropriate. In many circumstances we may be able to assist in getting you from one tariff band up to the next.
Relevance of the Armed Forces Pension Scheme (AFPS75).
Even those serving personnel who remain with the AFPS75 are covered automatically by the new scheme where injury, ill health or death results from service with the Armed Forces on or after 6 April 2006.
