Ministry Of Defence
Overview
The Armed Forces Compensation Scheme (AFCS) compensates for any injury, illness or death which was caused by service on or after 6 April 2005.
There are 2 main types of AFCS awards:
- a tax free lump sum payment for pain and suffering
- a Guaranteed Income Payment (GIP) which is a tax free, index linked monthly payment.
The rules of the scheme and the value of the payments awarded are set by Parliament and are calculated by reference to a tariff of injuries.
It is entirely separate from any other personal accident cover, such as Personal Accident (PAX) or Life Insurance (LI). Any accident cover that you may already hold is not considered when determining an AFCS award.
The Scheme is designed to provide compensation, irrespective of fault, across the full range of circumstances in which illness, injury or death may arise as a result of service. It does not seek to affect the right to make a civil claim if you think that the injury, illness or death was caused by the Departments negligence.
If you are no longer serving and your disablement was caused or made worse as a result of service in the armed forces before 6 April 2005, you can claim under the War Pension Scheme (WPS).
Who is eligible?
The Scheme covers all regular service personnel, the Royal Gibraltar Regiment and members of the reserves for all 3 services. You can claim whether you are still serving or have left HM Armed Forces.
Important information
Free independent advice
You do not need a paid representative such as a solicitor or claims management company to apply for compensation. Free independent advice is available from the Veterans Welfare Service or other charitable organisations.
Paid representation
If you choose paid representation, we cannot meet the cost of this and you will have to pay these costs yourself. Where someone is representing you on a no-win no-fee basis this usually means that they will keep a share of your payment to cover their fees. You may wish to check how much of your payment will go to your representative before you agree to paid representation.
Time limits for claims
Claims for injury or illness must be made within 7 years of the earliest of the following dates:
- the date of the incident leading to the injury or illness
- the date on which an injury or illness not caused by service was made worse by service
- in the case of illness, the date of first seeking medical advice for that illness
- the date of discharge.
While there are time limits, above all you should submit a claim for compensation at a time which is best for you.
There are certain circumstances when a claim will be accepted outside the time limits above such as being prevented from claiming due to ill health or your illness occurs later. Please contact Veterans UK if you would like more advice on this.
How to make a claim
To make a claim, visit our Apply for Armed Forces Compensation or a War Pension page.
Process Map
Guidance on the AFCS claim customer journey will help you understand how we process your claim.
To view the accessible version please select the download option.
Medical discharge
If you are medically discharged from HM Armed Forces, your service documents may be referred to Veterans UK. In certain circumstances, we will automatically consider whether you are entitled to an award under the Scheme - you do not have to do anything.
We will only consider any injury, illness or disease identified as the main reason for your medical discharge.
If we have considered a claim for your principal condition(s), we will not review them again automatically. However, you may be able to apply to us for a review of this award once your service has ended.
What happens next
In order to consider your claim, we will collect relevant information from sources both inside and outside the Ministry of Defence. Once we have this information, we decide what other information we need. This could be a report from your GP or Medical Officer, or if you have had recent hospital treatment, a copy of your medical records from the hospital concerned.
If you can provide copies of any supporting documentation such as reports from your Medical Officer, copies of Orders, accident/incident reports, please do so as soon as possible. This may help us deal with your claim quicker.
Sometimes we cannot decide on the up-to-date medical information alone, or you may not have visited your GP for a while. If this is the case, we may arrange a medical examination with an appointed doctor.
You will receive a letter with the reasons for decision.
You cannot be compensated twice for the same injury or illness. We need to know if you have claimed or received any other compensation for the same illness or injury (including under the WPS). If you have an ongoing claim for compensation from any other source for the injury or illness you are claiming for, you must tell us the details as soon as you know the outcome. This is to prevent any overpayment. Should an overpayment occur then it will be recovered.
You must let us know immediately about any changes in your circumstances.
What to do if you disagree with our decision
If you do not agree with our decision, you can ask for it to be reconsidered. This means that someone who was not involved in the original decision will look at your claim again.
You will need to ask for a reconsideration in writing within 12 months of the date of your original decision notification. You can include information which you did not provide at the time of your claim, relating to your condition or to the events surrounding the injury or illness.
We will notify you of the outcome of the reconsideration. If you still feel our decision is wrong you can appeal to an independent tribunal.
What if my injury is not in a settled state?
AFCS awards are designed to be full and final, taking into account the expected development of an injury or illness over your lifetime. If your injury or illness has not reached maximum medical improvement or your treatment is ongoing at the time of our decision, we will make an interim award. This means that you will receive an award that reflects the extent of your injury or illness at that time.
We will review your case at a later date. We will gather up to date medical evidence and decide whether the award is still correct or needs to be changed. In very rare circumstances the award may be reduced.
If this happens you will not have to repay any money.
If you have evidence that your