Can I Claim Armed Forces Compensation?

Who this guide is for

Serving and former members of the UK armed forces, including reservists, who have an injury or illness they think was caused or made worse by their service, and want to know which compensation scheme applies, the time limits, how to claim and how to challenge a decision. The two schemes are the same across the UK. The way you send an appeal depends on where you live.

What this guide does not cover

• Claims after the death of a service person or veteran, and payments to families. This guide does not cover them: ask Veterans UK.
• Armed forces pensions for your service (not compensation), and any other payments from the Ministry of Defence. This guide does not cover them: ask Veterans UK.
• A civil claim against the Ministry of Defence for negligence. The compensation schemes do not stop you making one, but this guide does not cover it: ask a solicitor.
• The exact tariff levels and payment amounts for each injury. This guide does not list them: see the Armed Forces Compensation Scheme statement of policy (JSP 765) on GOV.UK, or ask Veterans UK.
• How compensation affects benefits such as Personal Independence Payment or Universal Credit: use the benefits checker.
• Complaints about something that happened in your service: use the service complaints checker.
• Health care, mental health services and housing help for veterans. This guide does not cover them: ask Veterans UK, your GP or Citizens Advice (Advice NI in Northern Ireland).

The questions that decide the answer

1. When was the injury or illness caused, or made worse, by your service: before 6 April 2005, on or after it, or both?
2. Are you still serving, or have you left? What is your discharge date?
3. For an AFCS claim: when did the incident happen, when was the condition made worse by service, and for an illness, when did you first seek medical advice for it?
4. Have you already claimed? If you have a decision, what is the date on the decision letter, and has it been reconsidered or reviewed?
5. Where do you live: England, Wales, Scotland, Northern Ireland or overseas? That decides where an appeal is sent.

"Which scheme do I claim under?"

The Armed Forces Compensation Scheme compensates for any injury, illness or death caused by service on or after 6 April 2005.

The War Pension Scheme compensates for any injury, illness or death caused by service before 6 April 2005. You can claim under it only if you are no longer serving.

If your condition or your service spans both dates, ask Veterans UK which scheme applies to each condition.

"Can I claim under the Armed Forces Compensation Scheme?"

The AFCS covers all regular service personnel, the Royal Gibraltar Regiment and members of the reserves of all 3 services. You can claim whether you are still serving or have left.

It is a no-fault scheme: you do not have to prove that anyone was to blame. The injury, illness or death must have been caused or made worse by service.

"What does the AFCS pay?"

There are 2 main types of AFCS award: a tax-free lump sum for pain and suffering, and a Guaranteed Income Payment (GIP), which is a tax-free, index-linked monthly payment.

The rules and the value of the payments are set by Parliament and are worked out from a tariff of injuries. This guide does not list the tariff amounts: see JSP 765 or ask Veterans UK.

The AFCS is separate from any personal accident cover or life insurance you have. That cover is not taken into account when your AFCS award is decided.

You cannot be compensated twice for the same injury or illness. You must tell Veterans UK if you have claimed or received other compensation for it, including under the War Pension Scheme.

If your injury or illness has not settled, or your treatment is still going on, you get an interim award. Veterans UK reviews it later. In very rare cases the award may be reduced, but you do not have to repay any money.

"How long do I have to make an AFCS claim?"

An AFCS claim for injury or illness must be made within 7 years of the earliest of these dates:

• the date of the incident that led to the injury or illness;
• the date an injury or illness not caused by service was made worse by service;
• for an illness, the date you first sought medical advice for it;
• the date of your discharge.

A claim can be accepted after the time limit in some circumstances, for example if ill health stopped you claiming, or the illness appears later. Ask Veterans UK about your case.

"I am being medically discharged"

If you are medically discharged, your service documents may be sent to Veterans UK, and in some cases your entitlement to an award is considered automatically. For the AFCS, only the injury, illness or disease given as the main reason for your medical discharge is considered. It will not be looked at again automatically, but you may be able to ask for a review once your service has ended.

"Can I get an AFCS fast payment?"

A fast payment is an upfront payment for the most seriously injured, without going through the full claim process first. GOV.UK gives the payment as currently £61,800.

You may be able to get one if you are still serving, your injuries happened on or after 9 May 2011, and one or more of them would give an award at tariff levels 1 to 8. You must apply within 6 months beginning with the day the injury happened, using the fast payment form on GOV.UK.

"What if my condition gets worse?"

Under the AFCS you can ask Veterans UK to review an award if your injury or illness has got worse or caused a further injury.

"What does the War Pension Scheme pay?"

A War Pension Scheme award depends on your level of disablement: a tax-free lump sum (gratuity) for disablement of less than 20%, or a tax-free pension paid weekly or monthly for disablement of more than 20%. Payments go up each year in line with the consumer price index.

If your condition is noise-induced sensorineural hearing loss and your disablement is less than 20%, the War Pension Scheme does not pay a pension or a lump sum.

There is no time limit for claiming under the War Pension Scheme, but an award is only paid from the date of your claim.

You can ask for a review of a War Pension assessment at any time. If you already have a War Pension and another condition was also caused or made worse by service before 6 April 2005, you can claim for that further condition. Nuclear test veterans can also fill in a priority claim form, which may speed up the claim.

"How do I claim?"

Use the claim form on the GOV.UK page Apply for Armed Forces Compensation or a War Pension. If you cannot download or print it, ask the Veterans UK helpline for a copy.

Veterans UK collects information about your claim from inside and outside the Ministry of Defence, and may ask for a report from your GP or Medical Officer or your hospital records. Send copies of any Medical Officer reports, orders or accident or incident reports you have: this may help your claim go faster. Veterans UK may arrange a medical examination. You get a letter with the reasons for the decision.

"I disagree with the decision"

For an AFCS decision, you can ask for a reconsideration: someone who was not involved in the original decision looks at your claim again. You must ask in writing within 12 months of the date of the original decision notification. You can include information you did not give with your claim.

For a War Pension Scheme decision, if you think there are facts Veterans UK did not know, contact Veterans UK and ask for a review.

You have 12 months from the date of your decision letter to appeal to an independent tribunal.

For an AFCS decision, the law says the decision must be reconsidered before an appeal can go ahead, so it is a good idea to ask for the reconsideration first.

If you appeal after 12 months, you must explain why you did not appeal in time. The tribunal considers your reasons and may extend the time limit by up to a further 12 months.

Deadlines and timings

• AFCS claim: within 7 years of the earliest of the incident, the date service made the condition worse, the date you first sought medical advice for an illness, or your discharge date. Later claims only in some circumstances.
• AFCS fast payment: within 6 months beginning with the day of the injury.
• War Pension Scheme claim: no time limit, but paid only from the date of the claim.
• AFCS reconsideration: in writing within 12 months of the date of the original decision notification.
• Appeal to the tribunal: within 12 months of the date of the decision letter. Late appeals need an explanation and can be allowed up to a further 12 months.

Traps

• The AFCS 7 years run from the earliest of the 4 dates. Your discharge date is one of them, so the time can start before you leave or when you leave, whichever comes first.
• You cannot claim under the War Pension Scheme while you are still serving, but you can claim under the AFCS.
• Personal accident cover or life insurance does not replace an AFCS claim, and is not taken into account.
• An appeal is counted from the date on the decision letter.
• Under the War Pension Scheme, noise-induced hearing loss below 20% disablement gets no payment.