The AFCS came into force on 6th April 2005 and is a no-fault scheme set up by the Government to compensate military personnel for injuries, illness or death caused by service on or after that date. Claims can be made for injuries caused predominantly by service itself or for any pre-existing injury or condition that has been made worse by service.

The AFCS applies equally to all serving, veteran and reservist personnel on the basis that they have no control over where they are deployed and the activities they engage in. A claim must be made within 7 years of the date of a physical injury but in the case of mental health conditions, for example PTSD, the 7 years only begins on the date that medical assistance is first sought.

The Scheme is stated to be fair, transparent and accessible and easy for a claimant acting alone, to achieve the right outcome without help. The reality however, based upon our experience, can be very different and sadly the more severe an injury is, for example, in the case of severe mental health issues, the more difficult it can be trying to navigate the process alone. This can result in a claimant not understanding what evidence may be required, how or where to obtain it and a claim failing or being significantly reduced as a result. Being able to obtain the correct evidence and presenting it at the right time is crucial not only to the final outcome, but to minimise delay in what can be a long and frustrating process.

Awards made under the Scheme are based on a system of 15 tariffs with lump sums starting at £1,236 for more minor injuries, up to £650,000 for the most severe. Depending on the tariff awarded [level 11 and above], there will also be entitlement to Guaranteed Income Payments [GIP] paid as a percentage of salary for life, tax free and index linked and which can also be a gateway to other lifelong benefits that are not means tested. GIP is also backdated and paid as an additional lump sum and can be very significant but, is dependant upon having the right evidence to support level 11 or above. We know, for this reason, that many claimants acting alone may find the award capped at level 12.

At JMW we have specialist knowledge and significant experience of claims through the AFCS. We have a complete understanding of the evidence needed to satisfy the requirements of the Scheme and also, how and where to obtain it. We are familiar with challenges that are often made and are skilled at recognising these, often, before they arise and minimise them, where possible, to achieve the best outcome. We also have particular expertise in preparation of cases and representation before the Armed Forces Tribunals.

The earlier advice is taken the better, and our specialist military team is happy to provide free initial legal advice.