Lord Empey – 2014 Parliamentary Question to the Ministry of Defence
The below Parliamentary question was asked by Lord Empey on 2014-06-10.
To ask Her Majesty’s Government what criteria they use to determine when a member or former member of the armed forces is suffering from post-traumaticstress disorder and is entitled to financial compensation or a pension; and when those criteria were adopted.
Lord Astor of Hever
The Armed Forces Compensation Scheme (AFCS) provides compensation for members and former members of the Armed Forces who suffer injury or illness as a result of service from 6 April 2005. Where a discrete mental health disorder is present, a separate award may be payable. The AFCS is tariff based and awards for mental health disorders and does not depend on precise diagnosis but effect on function.
The legislation requires that mental disorders are diagnosed by a clinical psychologist or psychiatrist at consultant Grade. Each claimed injury or illness (including mental illness) is investigated to determine if it was predominantly caused by service. If so, it will be matched against the descriptors and corresponding awards in the Tariff.
The AFCS was preceded by the War Pensions Scheme (WPS), which provides no fault compensation to former service personnel and their dependants for injuries and death as a result of service. All decisions are certified by a Medical Adviser and once entitlement has been established, the war pensioner’s degree of disablement due to service is assessed – normally as part of the medical certification process. The method of assessment is on an individual basis by comparison of the disabled person with a person of the same age and sex.
Members of the Armed Forces Pension Scheme (AFPS) 05, with a recognised diagnosis, will be entitled to an ill-health pension or a tax-free pension lump sum or both, providing they have completed two years qualifying service. The ill-health categories are split into three ill-health award levels and these are allocated by reference to the same tariff levels that are used for the AFCS. Trained lay decision-makers consider each case and will decide on the level of the award as per AFCS.
The AFCS05 was preceded by the AFPS75 which included provision of an occupational entitlement to a Service Invaliding Pension (SIP) calculated on length of reckonable service and the substantive rank held at discharge. Members with at least two years qualifying service have an entitlement to an ill-health award.
If the condition occurred before 6 April 2005 and is considered under the WPS to have been caused by service in the Armed Forces, and the degree of disability assessed as 20% or more, an additional entitlement under the provisions of the Armed Forces Attributable Benefit Scheme (AFAB) will also be considered. AFAB provides a minimum level of income and provides a top-up to the SIP.
