Armed Forces Compensation Guide UK 2025 — AFCS, War Pension & MOD Negligence Claims
Service personnel injured, made ill, or killed as a result of service have access to two main compensation routes: the Armed Forces Compensation Scheme (AFCS) for injuries/illness after 6 April 2005, and War Pension for earlier service. Civil claims against the MOD are also possible in some cases. This guide explains all three routes and how to maximise your claim.
AFCS claims: free to make, no solicitor needed for initial claim. Service Personnel and Veterans Agency (SPVA): 0808 1914 2 18 (free). Veterans UK: 0808 1914 218. SSAFA and the Royal British Legion provide free claims support. Civil MOD claims: specialist military law solicitors often work on No Win No Fee.
The Armed Forces Compensation Scheme — Tariff Payments
| Tariff level | Lump sum | Also receives GIP? |
|---|---|---|
| Level 1 (most serious) | £650,000 | Yes — highest GIP tier |
| Level 2 | £570,000 | Yes |
| Level 3 | £475,000 | Yes |
| Level 4–6 | £140,000–£320,000 | Yes (if medically discharged) |
| Level 7–9 | £55,000–£115,000 | Possible |
| Level 10–14 | £8,500–£38,000 | No |
| Level 15 (least serious) | £1,236 | No |
AFCS awards are tax-free, do not affect most welfare benefits, and can be claimed alongside a War Pension for different conditions. The Guaranteed Income Payment is calculated as a percentage of pensionable pay at the time of discharge, index-linked for life.
War Pension — For Service Before April 2005
The War Pension Scheme covers injuries, illness, and death attributable to service before 6 April 2005. Unlike AFCS, War Pension is means-tested through pension law. Claimants must show that service caused or aggravated the condition. The War Pension is means-assessed for higher amounts and provides ongoing weekly payments based on the degree of disablement. It is particularly relevant for veterans from the Falklands, Gulf War, Northern Ireland, Bosnia, and earlier conflicts.
Civil Claims Against the MOD
The Crown Proceedings Act 1947 removed Crown immunity for negligence claims, allowing service personnel to sue the MOD in civil courts. Key areas where civil claims succeed:
- Training injuries — inadequate supervision, defective equipment, or failure to assess fitness
- Noise-induced hearing loss (NIHL) — failure to provide adequate hearing protection
- Combat stress / PTSD — inadequate mental health support and delayed diagnosis
- Sexual assault and harassment — vicarious liability of MOD for acts of serving personnel
- Gulf War Syndrome / occupational disease — exposure to chemical agents or vaccines
The limitation period for civil MOD claims is 3 years from the date of injury or knowledge — but courts have significant discretion to extend time in cases involving latent diseases and where delay was not the claimant’s fault.
Frequently Asked Questions
In most cases, accepting a full and final AFCS award requires you to waive your right to a civil negligence claim for the same injury (an election). However, if the AFCS award is significantly lower than what you could recover in a civil claim (particularly for very serious injuries), it may be worth exploring the civil route first with a specialist military law solicitor before accepting an AFCS award. Take legal advice before accepting any final AFCS tariff payment.
Yes. AFCS decisions can be appealed to the Veterans UK Reconsideration process, then to the First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber). War Pension decisions also have a tribunal appeal route. SSAFA and the Royal British Legion have welfare officers who can help with the appeal process free of charge. The tribunal is informal and claimant-friendly — professional legal representation is not always needed.