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Detailed guide: Review of an Armed Forces Compensation Scheme (AFCS) award

Veterans Uk

February 21
10:12 2020

Overview

Although AFCS awards are designed to be full and final taking into account the expected effects of the injury over your lifetime, there are some circumstances where cases can be reviewed.

There are very limited circumstances when an award may be reduced or removed. Starting employment, or recovering more quickly, or more fully than had originally expected do not result in the removal or reduction in the compensation already paid to you.

Types of review

Review of an AFCS award when service ends

If you have an award under AFCS which was made within 7 years prior to leaving discharge and the injury or illness has worsened, you can apply for this type of review.

Applications for a review when service ends must be made no more than 1 year after discharge.

Review of an AFCS award in exceptional circumstances

Where your injury or illness unexpectedly deteriorates or other problems develop, the award given may not be appropriate over the longer term. If this occurs within ten years of the original decision, you can request a review of your award. You can apply for this type of review if you are still in service.

Reviews of awards in exceptional circumstances must be applied for within 1 year of the start of worsening of the injury or illness.

Final review of an AFCS award

Where more than ten years has passed since the AFCS decision, a final review can be requested. The award can be revised if there has been substantial, unexpected worsening of the injury or illness. You can apply for this type of review if you are still in service.

Final reviews must be applied for within 1 year of the start of worsening of the injury or illness.

Review of an AFCS decision due to ignorance of fact or mistake

A decision under AFCS can be reviewed at any time if it was made in ignorance of a fact or based on a mistake as to a material fact or of a mistake as to the law. This type of review can be instigated either by you or Veterans UK and can lead to:

  • an award being made where one previously was not
  • the original decision being revised so that compensation is either cancelled, reduced, maintained or increased
  • a change in the date from which compensation is payable.

Great care will always be taken when considering whether an award of compensation is cancelled or reduced, and this will only be done where there is strong evidence of a mistake or ignorance of a fact.

Reviews of decisions where you think there has been a mistake as to a fact or a mistake as to the law can be requested at any time.

Review of an AFCS award to take account of award of damages

This can apply where an AFCS award is made and you are later paid compensation from another source for the same injury. If the AFCS award has not been taken into account, we may review your award to take your other compensation into account.

How to apply

All requests for review must be made in writing to Veterans UK and signed by you or on your behalf. You must tell us why you think we should review your award.

If you need help

If you have any questions, contact Veterans UK.

Published 21 February 2020

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