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Written Question
Armed Forces Compensation Scheme
Tuesday 29th March 2022

Asked by: Lord Moynihan (Conservative - Excepted Hereditary)

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

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.


Written Question
Armed Forces Compensation Scheme
Tuesday 29th March 2022

Asked by: Lord Moynihan (Conservative - Excepted Hereditary)

Question to the Ministry of Defence:

To ask Her Majesty's Government what assessment they have made of (1) the level of the current cap on pay-outs from the Armed Forces Compensation Scheme compared to that for civilian claims, in cases where the NHS could meet all the medical rehabilitation needs, and (2) whether all medical rehabilitation needs under the Scheme can be met by the NHS.

Answered by Baroness Goldie

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.


Written Question
Armed Forces Compensation Scheme
Monday 28th March 2022

Asked by: Lord Moynihan (Conservative - Excepted Hereditary)

Question to the Ministry of Defence:

To ask Her Majesty's Government what assessment they have made, if any, of whether future income prospects are adequately covered when claims under the Armed Forces Compensation Scheme are considered.

Answered by Baroness Goldie

Where an individual has a lasting injury received as a result of service which has an ongoing impact on the amount they are able to earn over their lifetime in terms of both salary and pension, financial security is provided through a lifelong, tax-free, inflation-proof, income known as a Guaranteed Income Payment (GIP).

The GIP calculation takes account of both salary and age in determining the lifelong loss of earnings the individual is likely to face, both salary and pension, as a result of their service-caused injury or injuries. It also includes an enhancement for lost future military promotions. This calculation enables the Department to provide a payment that not only recognises final salary but also loss of future potential earnings.


Written Question
Armed Forces Compensation Scheme
Monday 28th March 2022

Asked by: Lord Moynihan (Conservative - Excepted Hereditary)

Question to the Ministry of Defence:

To ask Her Majesty's Government when they expect to implement an online application to enhance customer experience and reduce processing times for applications for pay-outs from the Armed Forces Compensation Scheme.

Answered by Baroness Goldie

An online Armed Forces Compensation and War Pension Scheme application service has been developed and is currently being tested in a beta phase. The service will be presented for a Government Digital Service (GDS) assessment on 31 March 2022 when the GDS will assess the quality, suitability and security of the service. During this assessment further opportunities to improve the service may be identified, prompting a further phase of improvements before a second assessment - likely to be scheduled for early summer 2022.

Launch of the service to the public will follow attainment of a successful Beta assessment.


Written Question
Armed Forces Compensation Scheme: Digital Technology
Monday 28th March 2022

Asked by: Lord Moynihan (Conservative - Excepted Hereditary)

Question to the Ministry of Defence:

To ask Her Majesty's Government what progress they have made on the £40 million transformation programme to digitise existing paper-based processes and to create a single customer portal for the Armed Forces Compensation Scheme.

Answered by Baroness Goldie

The Transformation Programme to digitise existing paper based processes and create a single customer portal for Veterans is underway. This complex and detailed programme is being managed by contractors in collaboration with Defence Business Services and the Discovery phase for the three schemes (Armed Forces Pension Scheme, Armed Forces Compensation Scheme and War Pensions Scheme) is nearing completion. The programme aims to introduce automation, processing improvements and significantly reduce paper holdings. The first release of the new system is expected in late 2023. This will underpin the customer portal, which is being developed concurrently. This will enable members to provide and retrieve information electronically and allow them to securely access details of their entitlement and payments.