MILITARY COVENANT FACTSHEET:

Excerpt

Compensation:
The Government fully recognises the importance of providing adequate
compensation for those injured in operations or training. It has in place a
comprehensive system of compensation and maintenance for Service
personnel disabled, or those widowed, as a consequence of service. Only
two and a half years ago, it introduced new pension and compensation
schemes that greatly improved death-in-service benefits and widows’
pensions, as well as providing lump sums for injury which can, for the first
time, be claimed while in service.

The new Armed Forces Compensation Scheme (AFCS) makes payments
according to a comprehensive graduated tariff, in line with other established
models such as the Criminal Injuries Compensation Scheme. The use of a
tariff-based system delivers consistent, equitable lump sum awards for similar
injuries. This is in addition to the monthly tax-free, index-linked Guaranteed
Income Payment (GIP) which is paid for life upon discharge to those more
seriously injured. The GIP is not capped and it can amount to many
thousands of pounds over a lifetime.

However, it does not interfere with a person’s right to claim civil damages
against the MOD where they believe that the injury, illness or death was a
result of negligence on the part of the MOD. The standard of proof used in
the AFCS is balance of probabilities. This is the accepted approach in other
Schemes and in the civil courts and in no way removes the onus on the
Department to release any records that it holds relevant to the circumstances
of an injury or illness.
We have seen no evidence to indicate that the current burden and standard
of proof are preventing individuals whose injury is due to Service from
receiving compensation. Our rules are in line with modern good practice and
more than 70% of in-Service claims succeeded in the Scheme’s first year.

The AFCS is a modern scheme based on best practice, but when it was being
developed, it was not envisaged that we would be seeing severe multiple
injury cases of the type that are now unfortunately occurring. We have
reviewed the rules that apply in cases where an individual suffers more than
one injury in a single incident and have increased the lump sum benefits for
those with the most serious multiple injuries (tariffs 1-4). This means that
those who qualify for 100% of the GIP (who by definition are those most
seriously injured) would receive 100% of the tariff value for all injuries
sustained in a single incident, up to the maximum lump sum award of
£285,000.

We engaged in a period of consultation, principally with the members of the
Central Advisory Committee, a statutory advisory body which advises the
Minister for Veterans on matters relating to pensions and compensation.
Members consist of representatives of ex-service organisations such as RBL,
BLESMA and Combat Stress.
The consultation has now ended and the new rules came into effect on 8th
February 2008. This change to the Scheme’s multiple injuries rules is specifically
designed to reinforce the focus of resources on the most seriously injured,
in line with the original intent of the Scheme.
It has the full support of the Service Chiefs of Staff.

Much of the public concern regarding the scheme centred on the tragic case
of Lance Bombardier Ben Parkinson who was seriously injured in Afghanistan.
Parts of the media compared the compensation paid to him with that paid
to a former “RAF typist” who it was said had repetitive strain injury (RSI).
Compensation in the latter case was not paid under the AFCS and the
Senior Aircraft Woman’s injuries were more serious than RSI - she may never
work again. The compensation payment was made under a civil case in
which the MOD accepted liability.
 
The compensation settlement included elements in respect of pain and
suffering, and an assessment of loss of earnings, loss of pension and
her legal costs. L/Bdr Parkinson will receive a tax free, inflation proof
monthly Guaranteed Income Payment for life, as well as a lump sum that
will reflect the findings of the review of the arrangements for those with
multiple serious injuries. The amount received is not capped unlike the
Criminal Injury Scheme.

Time limits for claiming compensation are a particular concern raised by the
Royal British Legion. Contrary to some media reporting, claimants have 5
years to submit claims under the AFCS. (This compares with 3 years in civil
litigation cases.) There is also provision to extend the time limits for claiming
for certain late onset illnesses and in situations where the claimant has been
unable to submit a claim due to illness.

The full document (13 Pages) can be downloaded in PDF form
Here