AFCS FAQs: Common Questions About the Armed Forces Compensation Scheme
The Armed Forces Compensation Scheme (AFCS) is a vital government scheme designed to provide compensation for those who experience injuries or illness caused by military service. The processes involved can be complex, and serving personnel, veterans and reservists who wish to take advantage of the Scheme often have practical questions about how it works.
In this guide, the AFCS claims team at JMW addresses common questions about the Armed Forces Compensation Scheme and the steps involved in making a claim. The answers below provide general guidance on the AFCS process, but if you are unsure of your position and are looking for more tailored advice, seeking expert advice at an early stage can help you understand your options.
General AFCS FAQs
What Is the Armed Forces Compensation Scheme?
The Armed Forces Compensation Scheme is a government scheme managed by Veterans UK. It provides compensation to serving personnel and veterans, including reservists, where an injury or illness is caused by military service. It applies to any injuries that occurred on or after 6th April 2005.
The Scheme applies to members of all services. It covers any physical injury, as well as mental health conditions that are linked to service-related activities.
The Armed Forces Compensation Scheme operates on a no-fault basis. This means there is no need to prove negligence by the Ministry of Defence. Instead, each AFCS claim is assessed on its own merit, based on service documents, medical records and other physical, documentary and medical evidence.
Read our blog post for more details on the basics of AFCS.
Who Is Eligible for an AFCS Claim?
You may be eligible to submit an AFCS claim if you are:
- A serving member of any of the UK armed forces.
- A former service member who has left HM Armed Forces.
- A reservist whose injury or illness was caused by service.
Eligibility depends on whether the injury or illness was caused by military service. It does not matter whether you were injured during active deployment, training exercises, pre-deployment preparation or other service-related activities, provided the condition can be linked to service.
The Scheme applies equally to all injured service personnel, reservists and veterans, who do not need to prove fault - only that the injury or illness was caused by service.
What Is the Time Limit for Making a Claim?
An AFCS claim must be made within seven years.
For physical injuries, the seven-year time limit runs from the date of injury. For mental health conditions, the seven-year period begins from when you first sought medical advice for the condition, not from the date of a formal diagnosis.
There are also clear time limits if you wish to challenge a decision. You must apply for a Reconsideration within one year of the date on the decision letter. If you remain dissatisfied, you then have one year from the Reconsideration decision to submit an Appeal to the independent tribunal.
These time limits are applied strictly. This means that you may not be eligible to claim if you do not act within the seven-year period.
How Much AFCS Compensation Could I Receive?
Compensation awarded under the Armed Forces Compensation Scheme consists of two elements: a lump sum payment and, in more serious cases, a Guaranteed Income Payment (GIP).
The lump sum payment is based on a tariff level. The tariff system contains 15 levels, with Level 1 attracting the highest award and Level 15 the lowest. Lump sums currently range from £1,283 to £674,700, depending on the severity of the injury or illness.
If the injury is assessed at tariff level 11 or above, you may also be entitled to a GIP. This is a tax-free index-linked monthly payment paid for life. It is calculated as a percentage of your final salary at discharge and is intended to reflect long-term loss of earning capacity.
The level of compensation depends on the medical evidence, which will determine the correct table and tariff level that should be applied. Learn more about how much compensation you might be able to claim by reading our guide to awards under the AFCS.
How Long Does it Take to Process an AFCS Claim?
There is no fixed timeframe for how long an AFCS claim will take to be processed. The length of time depends on the complexity of the injury or illness, the availability of medical records and whether medical treatment is ongoing.
Veterans UK will usually obtain service documents and relevant medical evidence before issuing a decision. Where the medical position is not yet clear - for example, because treatment is continuing or prognosis remains uncertain - an interim award may be made. This allows the claim to be reviewed after a fixed period once the condition has stabilised.
It is not possible to give a standard estimate for how long AFCS takes to reach a decision, as each claim is assessed on its own merit. It is a common mistake by claimants to try to achieve an outcome too quickly when the final prognosis cannot be known.
Can I Appeal a Decision?
If you disagree with a decision made by Veterans UK, you may apply for a Reconsideration. This must be done within one year of the date on the decision letter.
A Reconsideration is a review carried out by a different caseworker. Additional medical evidence can be submitted at this stage if it supports a higher tariff level or addresses issues in the original reasoning.
If you remain dissatisfied after the Reconsideration decision, you may lodge an Appeal to the independent tribunal. This must be submitted within one year of the date on the Reconsideration decision letter. The tribunal is separate from Veterans UK and has the authority to increase the AFCS award or uphold the original decision.
In certain circumstances, other review mechanisms such as Service Termination Reviews or Exceptional Circumstance Reviews may be available. These processes are subject to specific eligibility criteria and are not connected to simply missing a deadline.
JMW regularly advises on whether a decision should be challenged, prepares detailed submissions for Reconsideration and represents clients in proceedings before the independent tribunal where appropriate. Read our guide to learn more about your options for revisiting an AFCS claim.
Can I Make a Civil Claim Alongside an AFCS Claim?
An application under the Armed Forces Compensation Scheme is separate from a civil claim. The AFCS is a no-fault government scheme. A civil claim requires proof of negligence by the Ministry of Defence.
In some cases, it may be appropriate to consider both an AFCS claim and a civil claim. Whether this is possible will depend on the facts of the incident leading to the injury, the evidence and the applicable time limit for a civil claim, which is three years, compared to seven for the AFCS.
Each case must be assessed individually. The fact that an AFCS award has been made does not automatically prevent a civil claim, although any compensation awarded must be taken into account to avoid double recovery for the same injury.
JMW can assess both routes and advise on whether pursuing a civil claim alongside an AFCS claim is appropriate in your circumstances. Visit our military claims page to learn more about the civil claims process.
How Do I Apply?
To make an AFCS claim, you must complete a claim form and submit it to Veterans UK. This can be done online or by using a paper form.
The application will require details of:
- Your military service.
- The injury or illness.
- The events surrounding the incident leading to the condition.
- Any medical treatment received.
- The medical officer or clinicians involved in your care.
Supporting documentation may include service documents, medical records and other medical evidence. Veterans UK may also obtain additional evidence directly from healthcare providers.
It is important to ensure that the injury or illness is described clearly and that the correct table and tariff level are considered. JMW can assist with preparing an AFCS claim, reviewing the supporting medical evidence and advising on how the claim is likely to be assessed under the tariff system. If a decision has already been issued, we can also advise on the available options and the relevant time limits for challenging it.
Read our guide on how to make an AFCS claim to learn more.
FAQs for PTSD Claims
Post-traumatic stress disorder and other mental health conditions are assessed under the Armed Forces Compensation Scheme in the same structured way as physical injuries. However, PTSD claims often involve detailed questions about diagnosis, medical evidence and time limits. The following answers address common issues raised by serving and former service personnel considering a PTSD claim under the Armed Forces Compensation Scheme.
Can I Claim for PTSD Under the AFCS?
You may submit an AFCS claim for post-traumatic stress disorder if the condition was caused by military service on or after April 6th 2005, with the time starting from the date of first presentation.
The Scheme applies to serving personnel, veterans and reservists across HM Armed Forces. There is no requirement to prove negligence. The key issue is whether the PTSD can be shown, on the balance of medical evidence, to have been caused by service-related activities.
Each claim is assessed on its own merit by Veterans UK, based on service documents and medical records. Visit our page for PTSD claims under the AFCS to learn how we can support you with this process.
What Evidence Do I Need to Support a PTSD Claim?
A PTSD claim must be supported by clear medical evidence. This will usually include:
- A formal diagnosis of post-traumatic stress disorder.
- Medical records showing when symptoms first presented and when medical advice was first sought.
- Medical evidence regarding the long-term prognosis.
- Evidence of the impact of the condition on daily functioning and employment.
Veterans UK may obtain additional information from healthcare providers. It is important that the medical evidence addresses both causation and prognosis, as the tariff level is determined by the severity and likely duration of the condition.
JMW can review your medical records and advise on what further evidence is required before submitting or challenging an AFCS award.
How Long Do I Have to Claim for PTSD?
For mental health conditions, including PTSD, the time limit for making an AFCS claim is seven years from the date you first sought medical advice for the condition. It does not run from the date of a formal diagnosis, which is later.
If you receive a decision and wish to challenge it, you must apply for a Reconsideration within one year of the date on the decision letter. If you remain dissatisfied, you have one year from the Reconsideration decision to lodge an Appeal to the independent tribunal.
These time limits are applied strictly.
Can I Still Claim if I Wasn’t Diagnosed Until After Leaving Service?
It is not necessary for a diagnosis to have been made while you were still serving for you to make a claim.
The relevant time limit for PTSD runs from when medical assistance was first sought, not from the date of discharge and not from the date of diagnosis. Provided the condition can be linked to military service and the claim is submitted within the applicable seven-year period, an AFCS claim may still be made after leaving HM Armed Forces.
How Are Mental Health Injuries Assessed Under AFCS?
PTSD and other mental health conditions are assessed under the mental disorders table within the Armed Forces Compensation Scheme.
The decision-maker will consider the medical evidence and apply the relevant descriptors in the correct table. These descriptors focus on:
- The severity of symptoms.
- The extent to which the condition affects daily life and employment.
- The duration of the symptoms, including those that are permanent.
The tariff level applied will determine the amount of lump sum compensation and whether a GIP is available.
What if I Had Mental Health Issues Before Service, But They Worsened During Service?
A pre-existing mental health condition does not automatically prevent a claim under the Armed Forces Compensation Scheme.
The key question is whether military service can be deemed to be the predominant cause of the condition, or the worsening of the condition, on the balance of probabilities. This will depend on the medical evidence and the events surrounding the deterioration.
Where there is a history of mental health issues before service, Veterans UK will examine whether service was a predominant cause of the current condition. Careful analysis of medical records and expert evidence is often required in such cases.
JMW can advise on how pre-existing conditions may affect a PTSD claim and whether the available evidence supports causation under the Scheme.
Is a Guaranteed Income Payment Available for PTSD?
If PTSD is assessed at tariff level 10 or above, you may be entitled to a GIP in addition to a lump sum payment. This will be calculated as a percentage of your final salary at discharge and is intended to reflect long-term loss of earning capacity.
If the injury is assessed at tariff level 12 or below, only a lump sum payment will be awarded. Take a look at the mental disorders table within the Scheme for guidance on how much compensation you may be entitled to.
What Are Common Reasons PTSD Claims Are Rejected?
PTSD claims may be refused where:
- There is insufficient medical evidence linking the condition to military service.
- The time limit has expired.
- There is no diagnosis.
- There are pre-existing conditions.
Each claim is assessed on its own merit. If a claim is rejected, you will still have a right to apply for a Reconsideration or Appeal within the applicable time limits.
Do I Need Legal Help to Make a PTSD Claim?
You are not required to instruct a solicitor in order to submit an AFCS claim. Many service personnel apply directly using the claim form provided by Veterans UK.
However, PTSD claims can involve complex issues around causation, prognosis and tariff level assessment. Legal advice can be critical, particularly after receiving the first decision, to determine whether the correct tariff has been applied and whether the AFCS award reflects the medical evidence.
JMW provides a free initial consultation to help you understand your position under the Armed Forces Compensation Scheme and the options available.
Find Out More
The Armed Forces Compensation Scheme is a structured government scheme, but navigating the process can be complex. JMW Solicitors has a dedicated AFCS team led by Amanda Marsh, who is widely recognised for her detailed knowledge of the Scheme and her strategic approach to challenging incorrect AFCS awards. She advises all serving, veteran and reservist personnel who have been injured across the HM Armed Forces.
Whether you are considering making an AFCS claim, have received a decision you wish to challenge, or need advice on the process in general, our specialist team can assess your case and advise on the best course based on the available evidence and the applicable time limit. We offer free initial consultations so that you can understand your position and the options available to you.
To speak to an experienced armed forces compensation solicitor, call JMW on 0345 872 6666, or complete our online enquiry form to request a call back.
