Armed Forces Compensation Scheme: What it Covers and How We Can Help

The Armed Forces Compensation Scheme (AFCS) is available for members of the UK Armed Forces who have been injured in service, or have had a previous injury made worse by service. This covers both physical injuries and mental health conditions. Anyone who is still serving or has left the Armed Forces can apply.

To be eligible under the AFCS, you must have been injured on or after 6^th April 2005. If you were injured before 6^th April 2005, you may be eligible under the War Pension Scheme (WPS). The AFCS and WPS are governed by Veterans UK which is an organisation of the Ministry of Defence (MOD).

How Do You Make an Application to the AFCS or WPS?

It’s important to note that claims must be made within seven years of either:

1. The initial injury date;
2. The date the injury was made worse by service;
3. The first date medical advice for an illness is obtained;
4. The date of discharge.

There are limited circumstances when a claim will be accepted out of time.  It is very important to avoid delay.

Making an AFCS or WPS application involves completing a lengthy claim form and can be complicated. We would therefore always advise that you seek the help of an experienced military claims solicitor to ensure you have the best possible chance of making a successful compensation claim.

It is important that the claim form is completed in as much detail as possible to ensure the Veterans Agency has substantial evidence to base their decision on. If you choose us to help you with your claim, before making an AFCS application, we obtain and review personnel service and civilian medical records in order to present the best possible case for you. We will also review Veterans UK records if you are appealing a previous AFCS decision.

Any compensation you are awarded from the AFCS or WPS is tax-free.

There are two main types of AFCS awards as follows :

1. A lump sum payment for pain and suffering and
2. A Guaranteed Income Payment (GIP) which is a monthly income payment. All AFCS awards include a lump sum payment, but only the most serious injuries will merit a GIP payment in addition to the lump sum. GIP payments are determined by a tariff system.

There are also two main types of WPS, but these differ slightly. They depend on your level of disablement. If disablement is less than 20 per cent, you will be awarded a gratuity (a lump sum payment). If disablement is more than 20 per cent, you will be awarded a pension (an ongoing weekly or monthly payment).

A lot of injuries caused by service, such as post-traumatic stress disorder and noise induced hearing loss, aren’t caused by a single event so you may be unsure which scheme your injury would fall under. Fortunately, AFCS and WPS applications are both completed using the same claim form.

AFCS Compensation Awards

The lump sum payment currently stands between £1,236 (level 15) and £650,000 (level 1). It is important to note that these figures increase annually. The table below outlines the current tariff system for GIP.

If you have been awarded a tariff band that you disagree with or your application has been rejected altogether, you can appeal. This is something we at Ison Harrison can assist with.  Subject to assessment, we may be able to offer you a no win, no fee agreement.

Summary

The purpose of the AFCS is to compensate current or previous members of the Armed Forces who have been injured in service on or after 6^th April 2005. You have seven years from the date of the injury to make an application.

The WPS is available for those who were injured in service before 6^th April 2005 and it works in a slightly different way.

If you are interested in making an AFCS or WPS application, appealing a tariff decision or appealing a rejection then please get in touch with our specialist Military Injuries team who are happy to help. Call 0113 224 7837 or email militaryclaims@isonharrison.co.uk.

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