Armed Forces Compensation Scheme

What is the Armed Forces Compensation Scheme?

The Armed Forces Compensation Scheme (“AFCS”) is a comprehensive and essential support system designed to provide financial compensation and support to members of the armed forces who have been injured, ill, or disabled as a result of their service to their country. This scheme is a way for the government to recognise and acknowledge the sacrifices made by military personnel.

The Armed Forces Compensation Scheme (AFCS) was set up by the government to provide compensation to military personnel injured on or after 6 April 2005. It uses a tariff system to award set payments for injuries caused by service. Unlike a civil personal injury claim, seeking compensation through the AFCS means there’s no need to prove blame.

Key Benefits of the Armed Forces Compensation Scheme

1. Financial Compensation: The AFCS offers financial compensation for injuries and illnesses sustained during military service. This compensation is intended to help cover medical expenses, rehabilitation costs, and any other expenses related to the injury or illness.
2. Pensions and Lump Sums: Depending on the severity of the injury or illness, eligible individuals may receive a tax-free lump sum payment and, in some cases, an ongoing tax-free pension. These payments are designed to provide financial security to service members and their families.
3. Rehabilitation and Support: The AFCS is not just about financial compensation; it also provides access to rehabilitation services and support to help individuals recover and adapt to their changed circumstances. This may include vocational retraining, counselling, and medical care.
4. Death Benefits: In the unfortunate event of a service member's death due to their service, the AFCS provides financial support to their surviving family members. This support includes bereavement payments, pensions for widows or widowers, and child allowances.
5. Adaptation and Accommodation: The AFCS aims to ensure that injured or disabled service members can adapt to their new circumstances. This may involve modifications to their homes or vehicles, ensuring they can continue to lead independent lives. 

Who can make a claim to the AFCS

The AFCS is available to all members of the armed forces, whether they are regulars, reservists, or veterans. To be eligible, the injury, illness, or disability must be caused or made worse by military service. The scheme covers a wide range of conditions, from physical injuries to mental health issues.

In certain circumstances you may be able to seek compensation through the AFCS as well as making a separate civil personal injury claim.

The AFCS is designed to support a wide range of individuals who have served in the armed forces, including regulars, reservists, special forces and veterans. Examples include:

Regular Service Members: Those who are or were part of the regular armed forces, including the Army, Navy, and Air Force, are eligible to make a claim if they suffer an injury, illness, or disability as a result of their service.

Reservists: Reservists who are injured or become ill while on active duty or during training exercises are also eligible to make a claim. The AFCS recognizes the contribution of part-time service members.

Veterans: Even if you have left the armed forces, you can still make a claim if you believe that an injury or illness you now suffer from is a result of your military service. The time limits mentioned above apply to veterans as well.

Surviving Family Members: In the event of a service member's death due to their military service, their surviving family members, including widows, widowers, and dependent children, can make a claim for compensation and support under the AFCS.

It's important to note that eligibility for the AFCS is not limited to specific military ranks or roles. The scheme aims to provide equitable support to all who have served, regardless of their position or duties.

Time Limits for Making a Claim

It's important to be aware of the time limits for making a claim under the Armed Forces Compensation Scheme (AFCS). The time limits vary depending on the circumstances of the claim:

1. Injury or Illness Claims: If you've suffered an injury or illness due to your military service, you have up to 7 years from the date of the incident or diagnosis to make a claim. It's crucial to initiate the claim process as soon as possible to ensure you don't miss out on the support you're entitled to.
2. Mental Health Claims: For claims related to mental health conditions, the time limit is generally 7 years from the date of diagnosis or first seeking help for your condition. This recognises the unique challenges of identifying and acknowledging mental health issues.
3. Fatal Claims: In the unfortunate event of a service member's death due to their service, there is no specific time limit for making a claim. Surviving family members can apply for compensation at any time following the death of their loved one.

Why make a claim?

You can make a claim to the AFCS yourself to make a claim application. However, it can be a difficult application process and the results of your claim are dependent upon the documentary evidence provided. It is important that you ensure that you do not receive a lower award on the tariff scheme due to important information being missed. 

How we can help with a AFCS claim:

1. We can challenge an award if we believe you’ve not received the correct tariff
2. We can challenge a decision to reject your claim on the grounds of eligibility.
3. We may be able to assist on a no win no fee basis with your full AFCS claim depending on the circumstances.

Discuss the armed forces Compensation Scheme

If you or a loved one has experienced an accident while serving in the military, reach out to Speir Buchan today. We are here to provide not only expert legal guidance but also an understanding of the physical, emotional, and financial challenges you face. Together, we will work towards securing the justice and compensation you deserve.