This factsheet is a basic introduction to the armed forces compensation scheme (AFCS) which applies if you are injured, become ill or die and your injury, illness or death is caused by your service in the Armed Forces on or after 6th April 2005.
If you want to find out about the old war pensions scheme, which applied before 6th April 2005, see Disability Alliance's Disability Rights Handbook, available to buy at www.disabilityalliance.org/drh35.htm.
All our publications are available at www.disabilityalliance.org/shop.htm. All our factsheets are available at www.disabilityalliance.org/fact.htm. You can also place an order by contacting Disability Alliance on 020 7247 8776 (this is not an advice line) or by fax on 020 7247 8765.
The Armed Forces Compensation Scheme (AFCS) was introduced by the Veterans Agency (now Service Personnel Veterans Agency - SPVA) to replace the old war pensions scheme and the attributable benefits of the Armed Forces Pension Scheme (AFPS) for injuries, illnesses or death caused on or after 6 April 2005.
The AFCS is designed to be a ‘no-fault’ scheme which effectively means that a claim against the scheme would not prevent you from making a claim for negligence against the MoD.
You or your dependants are eligible for payments under the scheme if you are in the Royal Navy, Royal Marines, Royal Air Forces or the Army. You can also claim under the scheme if you are a member of the Reserve Forces as defined in the Reserve Forces Act 1996.
You can get compensation for disablement or death due to:
You or your dependants can claim compensation for death, injury or disease for the following:
Generally your injury, illness,death or disablement must be incurred whilst you are on duty. This can include injuries caused by service-related physical development activities including Adventurous Training (AT), physical education and exercise and sport, which have been approved by the relevant Service AT, physical training and sporting authorities.
You can get compensation in certain exceptional circumstances when you are off-duty; for example, if you were a victim of a terrorist attack when off duty and you were targeted because you are/were a Service person.
The level of the awards is based on a tariff which lists the injuries for which compensation may be paid. There are 15 tariff levels which are graduated according to the seriousness of the condition.
You can get a lump sum paid as compensation for pain and suffering paid according to which of the 15 tariffs apply to you.
For more serious injuries you can also get a Guaranteed Income Payment (GIP) for life, to compensate for any loss of earnings. To get this you must be assessed as fitting into any tariff level between 1 and 11 as follows:
You cannot get a GIP whilst you are still in service but you will be paid when you leave. Your GIP will be based on your pensionable pay at the time you are discharged.
Lump sum payments paid for pain and suffering can be awarded whilst you are in service.
There is no regular review mechanism once a decision has been made, except in exceptional cases, though an interim award may be made in certain cases pending a final award. For further information on this please contact the Veterans Agency.
If you die and your death is attributable to service your surviving spouse, civil partner or any partner (including same-sex partners) who was in a substantial relationship with you will receive a Survivor's Guaranteed Income Payment (SGIP) to compensate them for the loss of your earnings.
In addition to the adult SGIP, a widow or widower, civil partner or eligible partner may also get a tax-free bereavement grant of up to £20,000.
If you have dependant children, they will also qualify for a GIP which may stop when the child reaches 18 but they can still continue to receive it if your child is in full-time education.
They may also continue to qualify if your child is unable to support themselves financially due to a mental or physical disability that has been diagnosed before they are 18.
You must complete a claim form, available from the Veteran's Agency, within 7 years of:
There are exceptions to these time limits. Contact the Veterans Agency for more information.
Dependants’ benefits are not normally awarded if your death occurs more than 7 years after leaving service. If you die in service or within 7 years of leaving service, the normal rule is that a claim must be made within 1 year of your death.
Under the AFCS you can appeal if your claim is unsuccessful, if you are unhappy about the level of your award, if you disagree with a decision not to waive time limits or if you disagree with a decision on the grounds of deterioration.
You should always get advice when appealing, from either an ex-Service organisation such as the Royal British Legion or an advice centre.
The AFCS has a three stage appeal process:
If you are challenging the level of your assessment, the tribunal may carry out a medical examination.
For further information please contact the Veterans Agency on 0800 169 22 77 or visit their website at http://www.veterans-uk.info/pensions/afcs.html.
The Veterans Welfare Service can provide help, advice and guidance to people who are in the process of claiming a war disablement, a war widow's/widower's pension or a claim under the Armed Forces Compensations Scheme. Call 0800 169 22 77 to speak to a welfare manager.
Alternatively you can visit the Ministry of Defence website at www.mod.uk. On it there is a booklet AFCS - Your Compensation Scheme Explained, which has list of useful organisations who can help you with your claim or appeal.
www.disabilityalliance.org - 30 July 2010
