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.

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.