One of the most common questions our team is asked by veterans seeking compensation is: “Which route should I take… the Armed Forces Compensation Scheme or a civil claim?”
While we respect both schemes as resources, we do have a clearer preference regarding what we think best suits and supports veterans’ wants and needs.
Regardless of our opinion on the matter, there seems to be a desire to develop a greater understanding of both claiming options. So, let’s delve into both types of military compensation avenues. We’ll break down what you can expect from the Army compensation scheme, how it differs from civilian claims, and detail which option may be best for you.
What Is The Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme, or AFCS for short, is a no-fault government-run scheme that provides financial compensation for injury, illness, or death caused by any form of military service in the UK armed forces. The scheme applies equally to the regular and reserve forces and covers issues in or after April 6th, 2005.
You can also claim an award if you have an injury or illness that has been made worse by service, and you can apply for Army injury compensation regardless of whether you have left the service or are still serving.
For some context, the AFCS replaced the older “War Pensions Scheme” and is run by Veterans UK, which is part of the Ministry of Defence.
Time Limits
There is a time limit for making a claim in the AFCS. Claims should be made within 7 years of the earliest of the following dates:
- The date on which the incident leading to the injury or illness occurred.
- The date on which an injury or illness that was not caused by service initially became worse.
- The date of discharge from the services.
- The date on which you first sought medical advice on an illness.
If your claim concerns an injury that occurred before the initial cutoff of April 6th, 2005, you cannot claim on the AFCS scheme.
However, you may be entitled to a War Pension. War Pension claims do not adhere to the same time limits as the AFCS, so claiming is still possible even if you don’t meet the criteria for AFCS.
Types of Compensation
When it comes to AFCS awards, there are two types of compensation:
- A tax-free lump sum payment for ‘pain and suffering’ with a compensation amount that accurately reflects the severity of injury or illness.
- A guaranteed income payment (GIP), usually for those who suffer a significant loss of earning capacity due to their service. The scheme offers a regular, fax-free, index-linked monthly payment for the rest of your life.
How much does the Armed Forces Compensation Scheme pay?
If your claim is successful, you can expect a tax-free lump-sum payment of between £1,200 and £650,000. However, this amount is entirely dependent on the severity of the injury and/or illness.
What If Your Case Is Not Simple?
If your case is a little more complicated, then Veterans UK may provide an “interim” award. This aims to effectively tide you over whilst your condition is treated and diagnosed properly. Your case can then be reviewed at a later date, and once the citation is clearer, your correct and ‘final’ award can be decided.
Civil Claims
There are many different types of civil claims available to ex-military personnel. Civil claims are referred to as such because they are typically brought into the civil courts or an Employment Tribunal.
One of the biggest differences between civil claims and AFCS is that all civil claims require you to prove fault of some kind. This is often done through a strategically put-together legal case proving the negligence of another party.
Even if you have been turned down by AFCS for payment, you can still make a civil military negligence claim, meaning you can get the compensation you deserve, despite the initial setback.
Types of Claims
There are many different types of civil claims, all with numerous complexities. In terms of claims for veterans, there are various avenues available for adequate compensation. Among the most popular are non-freezing cold injuries and noise-induced hearing loss claims. We have plenty of experience with these two claim types. Some of the other types of claims available include PTSD, mental health-related claims, and more.
How Much Compensation For Civil Claims Compared To AFCS?
Because civil claims can be complex, identifying exactly how much compensation you will get for each claim type can be challenging. This being said, compensation amounts are typically far higher than awards received under the AFCS.
The higher payment awards are usually due to the fact that civil claims can claim for future losses in addition to pain and suffering compensation.
What Do Veterans For Veterans Think?
At Veterans For Veterans, our number one concern is ensuring veterans get what they deserve and are adequately looked after. While we fully understand the Armed Forces Compensation Scheme is a valuable resource for military personnel, we often find that the awards and compensation fall short.
Because we find that the awards from AFCS don’t accurately reflect what veterans have had to endure, we believe that civil claims are the more viable option. At Veterans For Veterans, we are a team of ex-military personnel who want to fight your corner.
If you think you may be entitled to compensation and left the military after 1987, contact us today. We are positive we can help.