Richard Arkless – 2016 Parliamentary Question to the Ministry of Defence
The below Parliamentary question was asked by Richard Arkless on 2016-06-10.
To ask the Secretary of State for Defence, if the Government will review the mechanism by which service personnel are awarded payment in the event of life-changing injuries during their time in the armed forces to take greater account of the effect of those injuries on those people.
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 those which are life-changing, 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 15 tariff levels and, for the more serious disorders and injuries, a guaranteed income payment to cover reduced civilian employability is paid, in addition, from the date of claim for life.
Service personnel may make a claim for damages under common law for Service after May 1987 and where the MOD has a proven legal liability, compensation is paid. The amount of compensation is determined by common law principles which, broadly, take into account an individual’s pain and suffering, degree of injury, past and future financial losses and level of care required. Compensation can therefore vary depending on an individual’s circumstances.
The MOD has no plans to undertake a review of this mechanism, however the AFCS tariff levels and payment awards are currently being reviewed to ensure they are fit for purpose.
