What Are My Options to Revisit an AFCS Claim After the One-Year Deadline Has Passed?

Missing a deadline under the Armed Forces Compensation Scheme (AFCS) can be a major setback. The Scheme gives a one-year deadline to apply for a Reconsideration or submit an Appeal, starting with the date of the decision letter, and once this time limit has passed, it cannot be reversed.

However, in certain limited circumstances, it may still be possible to reopen a compensation claim. The AFCS includes several lesser-known procedural routes that can apply, and which exist to provide compensation fairly, in circumstances where a decision was based on incomplete information or where a condition has unexpectedly worsened.

In this guide, JMW explains what options you can take if you think your award may have been incorrect, even if it is outside the standard deadlines. Whether you're still in military service or have left the armed forces, you may have more options than you realise.

What Is the Armed Forces Compensation Scheme?

The AFCS is a no-fault scheme managed by Veterans UK. It provides compensation to current and former members of the UK armed forces and reservists who have experienced injury or illness caused by military service on or after April 6th 2005.

The Scheme offers two types of compensation:

• A lump sum payment, based on a fixed tariff system for different injuries, ranging from minor to the most severe injuries.
• An additional Guaranteed Income Payment (GIP), which is a tax-free, index-linked monthly payment for life, awarded in more serious cases where the injury is assessed at tariff level 11 or above.

Unlike a civil claim, which may require proving fault with the MoD, the AFCS is a no-fault scheme. Awards are made based on medical evidence, service documents and information about how the injury affects a person’s life. The Scheme is distinct from the War Pension Scheme, which applies to injuries or illnesses sustained before April 6th 2005.

The purpose of the AFCS is to provide financial reassurance and long-term support to injured service personnel.

You can learn more by reading our explainer about the Armed Forces Compensation Scheme.

Time Limits Under the AFCS

Every AFCS claim is subject to strict time limits. These apply at each stage of the process, from the initial application to any subsequent request for a Reconsideration or Appeal. Understanding these deadlines is essential, especially for those considering trying to reopen an armed forces compensation claim.

Initial claim time limit

The standard time limit for submitting an AFCS claim is seven years from:

• The date of a physical injury
• For mental health conditions, from the date medical advice or treatment was first sought, as opposed to the date of a diagnosis of the condition. 

Reconsideration and Appeal deadlines

Once a decision is issued by Veterans UK, a person has:

• One year to request a Reconsideration from the date on the decision letter 
• One year to appeal to the independent tribunal, measured from the date of the Reconsideration decision

These one-year deadlines are enforced strictly.

How Can Claims Be Reopened?

There are three main routes to reopening an AFCS claim, each with its own specific eligibility criteria and evidential requirements:

Service Termination Review - Article 55

A Service Termination Review (STR) allows certain AFCS claims to be revisited after a person has left the armed forces even if the usual Reconsideration and Appeal deadlines have expired. The purpose of STR is to reopen a previous award for an injury that has since worsened.

To be eligible under Article 55 of the AFCS, all the following must apply:

• The claimant received an award of injury benefit
• The original decision was made within the seven years before the discharge date
• The injury has worsened, or caused a further injury to develop that places the condition in a higher tariff band under the Scheme
• The person has now formally left military service

The claimant must apply to Veterans UK within one year of the discharge date, clearly stating how the condition has deteriorated and providing supporting evidence. An STR application reopens the claim in full. It can result in a new decision, with fresh rights of Reconsideration and Appeal, and may ultimately lead to a higher lump sum payment or upgraded tax-free monthly payment. In some cases, this route has proven successful even when an independent tribunal had previously upheld a lower award.

Exceptional Circumstances Review - Article 56

An Exceptional Circumstances Review (ECR) is available under Article 56 of the AFCS. Unlike STR, the claimant does not need to have left military service, as this review is open to both current and former service personnel.

To qualify for an ECR, the following criteria must be met:

• The claimant received an injury benefit award within the last 10 years
• The condition has deteriorated or caused another condition to develop
• The worsening is both unexpected and exceptional
• The worsening or further development must have only started within 12 months before making the application

Timing is critical. If medical records show the condition deteriorated more than 12 months before the ECR is submitted, the application will be rejected regardless of the medical evidence.

Ignorance or Mistake Procedure - Article 59

The Ignorance or Mistake Procedure under Article 59 of the Armed Forces Compensation Scheme provides a way to challenge an AFCS decision at any time, even many years after the original award was made, and is the only process in the Scheme that has no time limit. This route applies where it can be shown that a decision was made either in ignorance of a material fact, or as a result of a mistake, based on evidence that was knowable but not considered at the time.

It can be especially useful in cases where original decisions were based on incomplete or misunderstood medical evidence, or where documents that were clearly available were not consulted.

For example, a claim might have received a final award when the medical evidence at the time should have indicated a need for an interim award, pending further medical treatment. If this oversight can be demonstrated, the decision may be converted into an interim award and reopened for further consideration once medical treatment is complete.

It is worth noting that even if an Article 59 application is unsuccessful, the rejection creates a new decision which itself may be subject to a fresh Reconsideration or Appeal.

This process can be particularly effective in mental health-related claims, such as those involving PTSD, where there may be supporting evidence that the person in question was still receiving treatment, and that, as a result, it should have been determined that a final award should not be made.

The Importance of Seeking Legal Advice Early

While the AFCS includes procedures to revisit older decisions in certain circumstances, they are complex, deadline-driven and depend on strict criteria. That’s why it is strongly recommended to seek legal advice promptly if you are looking to make a challenge.

Early advice can help:

• Identify if a case qualifies for Service Termination Review, Exceptional Circumstances Review, or the Ignorance or Mistake Procedure
• Determine if seeking medical advice, service documents, or other support could strengthen the claim
• Prevent additional time limits from passing, especially where applications must be made within 12 months of new symptoms or changes
• Ensure that any challenge is based on the correct table and tariff system, and assessed on its own merit

JMW has a specialist armed forces compensation team led by Amanda Marsh, who is recognised for her in-depth understanding of the AFCS and her strong track record of delivering life-changing results for clients.

If you are looking to claim compensation through the AFCS, we can help you understand the Scheme’s requirements, how to obtain the necessary evidence, and how to address potential challenges before they arise.