Kirsten Oswald – 2016 Parliamentary Question to the Ministry of Defence
The below Parliamentary question was asked by Kirsten Oswald on 2016-04-25.
To ask the Secretary of State for Defence, what criteria are used to determine the level of compensation due to current or former service personnel diagnosed with cancer related to working conditions experienced during their period of service.
Mark Lancaster
The Ministry of Defence (MOD) provides no-fault compensation for members of the Armed Forces where illness, injury or death is caused by service from 6 April 2005 under the Armed Forces Compensation Scheme (AFCS) and, before that date, under the War Pensions Scheme (WPS).
Any disablement, injury or illness, including cancer, can be claimed with awards made where the claimed disorder is accepted as being due to service. Lay and scheme medical advisers work together and decisions are evidence based, reflecting the individual case facts, contemporary medical understanding of causation and the relevant law.
Awards under the WPS depend on the assessed level of disablement with the method of assessment set out in the legislation and expressed as a percentage. The AFCS is tariff based. The legislation includes nine tables of injuries and disorders with associated tariff levels, relevant to military service. A lump sum is paid for pain and suffering taking account of the likely progress of the condition over the person’s lifetime. There are fifteen tariff levels and, for the more serious disorders like cancer, a Guaranteed Income Payment to cover reduced civilian employability is paid, in addition, from the date of claim for life.
Where negligence exists on the part of the MOD, Service personnel may make a claim for damages under common law for service after May 1987. Awards are determined by common law principles which, broadly, take into account, as appropriate, an individual’s pain and suffering, degree of injury, past and future financial losses and level of care required. Levels of compensation which include these elements can vary depending on an individual’s circumstances.
