Armed Forces Compensation Scheme

The AFCS uses a table and tariff system under which there are nine categories of injuries. Within each table, there a range of injuries with corresponding tariff levels, with level 1 being considered the most serious and nine the least serious. Each tariff has a corresponding, set lump sum damages settlement, aimed at ensuring consistency in the damages amounts awarded.

• Table 1 – Burns
• Table 2 – Injury, wounds and scarring
• Table 3 – Mental disorders
• Table 4 – Physical Disorders (illnesses and infectious diseases)
• Table 5 – Amputations
• Table 6 – Neurological disorders (including spinal, head or brain injuries)
• Table 7 – Senses
• Table 8 – Fractures and dislocations
• Table 9 – Musculoskeletal disorders

Tariff levels for the scheme start at £1,236 and go as high as £650,000 for the most serious injuries.

Claims to the AFCS must be made within 7 years of the earliest date from either the incident leading to the injury or illness happening, the date it was made worse by military service, or in terms of illness the date of first seeking medical advice or of discharge.

In some cases, such as where illnesses are not diagnosed until six years after suffering injury, such as mental illnesses, the time limit on submitting claims can be extended to 10 years.

The AFCS aims to compensate claimants as quickly as possible and uses medical advisors to determine the severity of injury and illness claims. In some cases, where a service-attributable injury or illness has been determined but it is not possible to make a decision due to an uncertain prognosis of an injury or illness, interim awards can be made. These can then be reviewed after two years, and then again if necessary after four years, to determine a final award.

Yes, an eligible partner is considered to be a person who was married to the deceased or was their civil partner. The marriage or civil partnership must have been in place for at least six months before the bereavement.

In cases where there is no spouse or civil partner, others may be entitled to benefits under the scheme. This includes;

• People who lived with the deceased as partners in a substantial and exclusive relationship.
• People who were not prevented from marrying or forming a civil partnership with the deceased and were financially dependent on them.
• A birth child, an adopted child or other child who was financially dependent on the deceased (someone aged under 18 years or, if in full-time education or vocational training, someone under the age of 23 years). This includes a child born to the individual’s partner within 12 months of the bereavement.

Our legal team will advise on the level of damages which should be offered and whether we feel awards should be contested. Claimants can request for a different assessing officer to reassess their claim, which will result in the original decision either being maintained or increased. There is no danger of the award being reduced or removed if the original offer is contested.

If a claimant continues to be unhappy with the offer made to them there is the option of lodging a further appeal to an independent tribunal, held by the HM Courts and Tribunals Service. Tribunal decisions are legally binding ultimately provide the final decision, should a claimant choose to go this far down the legal path.