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FAQS relating to the Armed Forces Compensation Scheme |
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The Armed Forces Compensation Scheme (AFCS) came into effect in April 2005 and replaced the old War Pensions Scheme, the Armed Forces Pension Scheme and the Reserve Forces Attributable Benefits Schemes for all service attributable injuries, illnesses and deaths caused on or after 6 April 2005. If you are a member of the regular Armed Forces (including Gurkhas), or the Reserve Forces then you can claim for a payment through the Veteran’s Agency.
The scheme will pay compensation for any significant injuries, illnesses or death where service is the only or main cause. Awards can be made in a variety of circumstances, for example: • Loss of an arm or leg while on operational deployment; • Fractured arm while taking part in Adventure Training; • Ligament injury to a knee as a result of a Combat Fitness Test. The AFCS does not provide compensation for injury, illness or death which has no service cause or where service was not the main cause, such as a car accident during off duty hours or playing for a civilian sports team at the weekend.
You must claim within five years from the day: • the injury occurred; • your condition is made worse by service; • you first sought medical advice for an illness contracted through service; • you leave the services. whichever is the earliest.
If you are medically discharged or die your claim will be automatically assessed. Otherwise you must complete and submit the AFCS application form to the Veteran’s Agency. Further details can be found at: www.veteransagency.mod.uk
An AFCS award can be made up of 2 parts: a. Lump sum payment. The lump sum is paid immediately and is tax free. The value of the award is calculated by a tariff system. Level 1 covers the most serious injuries and gives the highest payments and level 15 covers the least severe conditions. b. Guaranteed Income Payment (GIP). The GIP is only awarded where the injury is serious and is paid once a member of the Armed Forces has left the service. This is a monthly tax free payment and is determined by your earnings, age at last birthday and the severity of the injury.
If you die as a result of service on or after 6 April 2005, the AFCS will pay bereavement benefits to your husband, wife or partner, or dependent children.
Yes. The scheme was designed to replace the War Pensions Scheme and making an application under the AFCS does not remove your right (or the right of your family) to claim civil compensation if it is believed that your injury or death was the fault of the MoD. A civil claim may also lead to a higher award in respect of damages. Don't be misinformed about your legal options. You can make a civil claim if you are currently serving, have left the Armed Forces or are about to be medically discharged. The law can be complicated and in many cases where people have thought the MoD was not to blame for their injury it has been possible to establish a legal case and recover compensation.
No. The payment you get from PAX is as a result of a private insurance contract you have taken out. The AFCS is an MoD scheme that covers all Service personnel who are on duty and have a service related injury/illness. See above in regards to advice on Civil Claims for compensation.
Our thanks to Andrew Buckham (late-ALS) LLB, LLM, an Associate Solicitor with Irwin Mitchell, for his assistance in putting this information together. For further information and legal assistance go to: www.irwinmitchell.com/Personal/PersonalInjury/ArmedForcesClaims/default.htm
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