Armed Forces Compensation Scheme / War Pensions Scheme: Claim For No-Fault Injury Whilst Serving For The Armed Forces
Through the Armed Forces Compensation Scheme or the War Pensions Scheme you can claim compensation should you suffer injury, illness or death whilst serving in Her / His Majesty’s Armed Services.
These are no-fault claims!! Therefore, your employer does not need to be proven to be negligent. You need simply show that your injury was caused (or made worse) during or due to service in the Armed Forces.
| Make A Claim Against The Armed Forces For Negligence |
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| Should your employer (HM Armed Services) be negligent or legally-at-fault for your injury, illness or death – you may have an entirely separate compensation claim against them. In addition, civilians injured by negligence from the Armed Forces may also have a claim. See our military negligence claim article for more details. |
- Armed Forces Compensation Scheme / War Pensions Scheme: Claim For No-Fault Injury Whilst Serving For The Armed Forces
- What is the Armed Forces Compensation and the War Pensions Scheme?
- What must you prove to receive a compensation payment?
- When can you claim compensation via the AFCS and when the WPS?
- What payments can you receive under the Armed Forces Compensation Scheme?
- What types of payment can you receive under the War Pensions Scheme?
- How are payment levels calculated?
- Does having personal accident or life insurance affect your claim?
- What bodies make up His Majesty’s Armed Services for the purpose of making a claim?
- Can you use a solicitor to help you claim?
- What are the time limits for making claims under the Armed Forces Compensation Scheme?
- What are the time limits for claims under the War Pension Scheme?
- How do you start your own Armed Forces Compensation Scheme or WPS claim?
- Can you reopen an Armed Forces Compensation Scheme claim that has already been paid?
- FREE legal help
- What is the Armed Forces Compensation and the War Pensions Scheme?
What is the Armed Forces Compensation and the War Pensions Scheme?
The Armed Forces Compensation Scheme (AFCS) and the War Pensions Scheme (WPS) are very similar compensation schemes. Both provide compensation for illness, injury or death caused (or partly caused) by service in His / Her Majesty’s Armed Services.
| Regulars And Reserves |
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| Claims for payment apply equally to Regular service personnel in the army, navy and air force as well as Reserves. In additions, the Royal Gibraltar Regiment is included. |
What must you prove to receive a compensation payment?
To quote from the scheme eligibility criteria:
“A payment is made from the Scheme where the individual shows that the balance of probabilities is such that their injury is more likely than not to have been caused by service. Where the injury is partly caused or made worse by service, compensation is payable if, on the balance of probabilities service is the predominant cause of the injury or of the worsening of the injury.”
Ministry Of Defence – JSP 765
Armed Forces Compensation Scheme
Statement of Policy
Predominant cause
To be the predominant cause – you must show that service was the main cause for your injury or the worsening of injuries. In other words – there may be a number of other possible causes, but service must be the main cause.
Injuries made worse
Injuries that have been made worse for which you may be entitled to claim. include:
- Injuries that were shown on your medical records (known by the Armed Forces) before you entered into service.
- Conditions that you were genuinely unaware of when you entered into service.
| Be Sure To Disclose A Known Illness |
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| Be Careful! If you were aware of an illness, you should ensure you disclose it to your Armed Forces employer before you commence service. Should an undisclosed condition be made worse – it is unlikely that you will be able to claim compensation. |
When can you claim compensation via the AFCS and when the WPS?
To decide whether to claim via the Armed Forces Compensation Scheme or the War Pensions Scheme – the date that you served for the Armed Forces is all important.
Service From 6 April 2005
If your injury came from service in the armed forces on or after 6 April 2005 – you should use the Armed Forces Compensation Scheme to claim compensation.
Service Prior To 6 April 2005
The War Pensions Scheme (WPS) provides payments if you are no longer serving in the Armed Forces and you suffer injury or disablement as a result of service before 6 April 2005.
| The AFCS And WPS Scheme Is Subject To Change |
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| Watch out!! The rules of how each scheme operates and the level of payments made is set by Parliament and can be amended as and when Parliament legislates. |
What payments can you receive under the Armed Forces Compensation Scheme?
A successful claim under the Armed Forces Compensation Scheme will entitle you to be considered for two main types of payment.
Lump Sum Payment
You may receive a tax-free lump sum. This payment is to compensate you for the pain and suffering your illness or injury may cause you.
| Largest Lump Sum Payment |
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| The largest lump sum payment is subject to change. However, currently the largest Tariff 1 payment for injuries caused in a single incident is set at £650,000. |
Guaranteed Income Payment
A guaranteed income payment (also referred to as GIP) is an index linked monthly payment and is also tax-free.
| Index Linked Payments |
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| Payments made that are index linked means that the payment you received should be adjusted each year to keep pace with inflation in accordance with the Consumer Price Index. |
What types of payment can you receive under the War Pensions Scheme?
There are primarily two types of awards that you can receive via the War Pensions Scheme.
However, the type of compensation you get depends purely on the level of your disablement.
For example:
WPS Gratuity
A lump sum payment (also known as a gratuity) is made for disablement classed at a level of less than 20%.
Pension / Ongoing Payment
When your disablement is classed as being over 20% – you can receive a pension. This is a regular weekly / monthly.
| Different Rules For Noise Induced Hearing Loss |
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| Should you suffer NIHL (noise induced hearing loss) at a level of less than 20% you will receive no payment. Neither a lump sum nor a pension. |
How are payment levels calculated?
Payments that your may receive are calculated by reference to a tariff of injuries set by Parliament.
At the time of writing the maximum lump sum award (Tariff 1) for injuries in a single incident is set at £650,000.
| Payment Sizes Increase Annually |
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| Payment sizes increases annually in accordance with the Consumer Price Index – so as to adjust for inflation. However, as with the AFCS – both the rules of entitlement and the level of payments are determined by Parliament and are therefore subject to change. |
Does having personal accident or life insurance affect your claim?
“No” – the amounts of compensation and your ability to claim via the Armed Forces Compensation Scheme and the War Pensions Scheme is entirely separate from any other personal accident cover, such as Personal Accident (PAX) or Life Insurance (LI).
In other words – any accident cover that you may already hold is not considered when determining an AFCS award.
| Claims Made Against The Forces For Negligence |
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| There is a general maxim in law that you cannot recover twice for the same injury. Although this does not apply to insurance claims – it does should you also be making a claim for negligence against your employer. Your AFCS / WPS payment will likelybe offset against the payment made by your employer. |
What bodies make up His Majesty’s Armed Services for the purpose of making a claim?
His / Her Majesty’s Armed Forces are made up of primarily three components – land, sea and air.
They include:
- The British Army.
- The Royal Air Force / RAF.
- His Majesty’s Naval Service – the Royal Navy, the Royal Marines (Royal Marines Commandos or the Corps of Royal Marines) and the Royal Fleet Auxiliary.
Can you use a solicitor to help you claim?
When you make a claim against the Forces for negligence – as part of your claim, you can also claim the majority of your legal costs.
However, when claiming via the Armed Forces Compensation Scheme or the War Pensions Scheme you will only receive your compensation and no legal fees. You can of course still use a solicitor, but you may lose part of your compensation to pay your solicitor for the help provided.
What are the time limits for making claims under the Armed Forces Compensation Scheme?
The guidance given under the Armed Forces Compensation Scheme requires:
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.
Accepting a claim out of time
There is a discretion under the Armed Forces Compensation Scheme to accept claims outside of the normal time limits in certain circumstances. These might include:
- Your illness occurs after service has expired.
- Illness has prevented you from being able to claim sooner.
- Mental capacity – should you not be able to conduct your own affairs it may be reasonable that you / or someone on your behalf applies at a later time.
What are the time limits for claims under the War Pension Scheme?
You will be please to know that there are no time limits for claiming under the War Pensions Scheme. However, any award will only be paid from the date of your claim.
How do you start your own Armed Forces Compensation Scheme or WPS claim?
If you choose to make your claim then you make your application via the government website.
Royal British Legion
The Royal British Legion may be able to assist with making your claim via the Armed Forces Compensation Scheme.
Veterans UK
You may also be able to seek assistance from Veterans UK.
Can you reopen an Armed Forces Compensation Scheme claim that has already been paid?
Your payment from the Armed Forces Compensation Scheme is generally intended as a final settlement.
Reviews
However, should your injury or illness worsen a review may be possible (resulting in an increased payment).
A review can be considered in the following circumstances:
- You have received an AFCS award whilst still in service over 7 years before you are discharged or leave service. However, your injury illness in this time has worsened.
- Exceptional circumstances. If within 10 years of the original decision your condition unexpectedly deteriorates or you new problems develop. This review can take place even when you are still in service.
FREE legal help
Select from our online/ telephone solicitor free help options. Why not discuss your scenario with us to decide how best to make your claim.
