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Armed Forces Compensation Scheme

Advice and Assistance from Cohen Cramer Solicitors

Armed Forces Compensation Scheme. If you have suffered an illness or injury as a result of service in the Armed Forces on or after 6th April 2006 then you will be able to make a claim for compensation under the Armed Forces Compensation Scheme.  This is a “no-fault” scheme set up to compensate the victims of injury or illness whilst in service.

Claims for illness or injury have to be made within 7 years of the following :

1.        The date of an incident leading to your illness or injury;

2.       The date on which your injury or illness not originally caused in service was made worse by your service;

3.       The date you first sought medical advice for your illness;

4.       Date of discharge.

Claims can be accepted outside of these time limits but there must be exceptional circumstances preventing you from making a claim such as ill-health or disability.

In the event you also make a claim for civil damages against the Ministry of Defence, abatement action will apply as you cannot be compensated twice for the same injury or illness.  In the event the AFCS payment or payment under the Armed Forces Pension Scheme (AFPS) is not in place at the time of settlement then the damages figure will need to be passed to the Service Personnel and Veterans Agency who will abate (or deduct) the AFCS or AFPS payment as appropriate.

There are two main types of awards :

1.       Lump-sum award tax-free for pain and suffering;

2.       Guaranteed Income Payment (GIP) that is a tax-free indexed linked monthly payment.

If you do not agree with a decision made under the scheme then any application for reconsideration must be made within 12 months of the date of the original decision letter.

War Pension

If you have suffered illness or injury before 6th April 2006 and are no longer serving in the Armed Forces then you can make a claim under the War Pension Scheme.  You can claim for illness or injury which was caused or made worse by service.  There is no time limit on making such a claim but you cannot claim until you have left service.

For a full assessment and overview of your claim get in touch with us today.

Your claim can be dealt with under a conditional fee agreement. This means that your claim is not successful then, subject to compliance with our terms and conditions, you will not have to pay for the work we have done on your behalf.

You can also contact:

Armed Forces Compensation Scheme

Veterans UK