Armed Forces Compensation Scheme

(asked on 15th March 2022) - View Source

Question to the Ministry of Defence:

To ask Her Majesty's Government whether the absence of a “no fault” tariff in the Armed Forces Compensation Scheme disadvantages the level of payment made under the Scheme in contrast to negligence cases for personal injury; and whether they have considered this in determining future pay-outs from the scheme.


Answered by
Baroness Goldie Portrait
Baroness Goldie
This question was answered on 29th March 2022

The Armed Forces Compensation Scheme (AFCS) is a no-fault scheme and is therefore different from awards for damages paid through the courts. If an individual believes they have been injured as a result of negligence, having an AFCS award does not prevent them from bringing a claim through the common law damages route, although an AFCS award would be taken into account in the damages payment (or vice versa). This is in keeping with the longstanding principle that an individual should not be compensated twice for the same injury.

The Ministry of Defence (MOD) works closely with the NHS to ensure smooth transition in medical care when leaving service. In the majority of cases, the NHS are able to meet the need for successful rehabilitation. In cases where more specialist support is needed, bespoke MOD funding packages may be available.

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