If you disagree with an Armed Forces Compensation Scheme (AFCS) decision, first ask Veterans UK to reconsider it, in writing, within 1 year starting with the date the decision was given or sent. If you are still unhappy, appeal to an independent tribunal: in England and Wales it must receive your appeal within 12 months after the date the decision letter was sent, and in Scotland and Northern Ireland the limit is twelve months after the date you were notified. A late appeal needs a reason, and you cannot appeal against any decision after 2 years. War Pension Scheme decisions, for service before 6 April 2005, follow the same appeal time limits.
The AFCS compensates for any injury, illness or death caused by service on or after 6 April 2005, irrespective of fault. If you are no longer serving and your disablement was caused or made worse by service before that date, you claim under the War Pension Scheme instead. Veterans UK makes the decisions for the Ministry of Defence, and the letter telling you about a decision says whether you can appeal.
This guide explains how to challenge a decision and the time limits for each step. It is general information, not legal advice. Our guide to military injury claims covers making a claim and suing the Ministry of Defence.
The deadlines at a glance
Each stage has its own time limit, counted from the date of the decision you are challenging.
| Stage | Who decides | Time limit |
|---|---|---|
| AFCS reconsideration | Veterans UK, someone not involved in the first decision | Within 1 year starting with the date the decision was given or sent |
| Appeal, England, Wales or overseas | First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber) | Received within 12 months after the date the decision letter was sent |
| Appeal, Scotland or Northern Ireland | Pensions Appeal Tribunal Scotland, or for Northern Ireland | Not later than twelve months after the date you were notified of the decision |
| Late appeal | The tribunal | Up to 12 months after the normal limit, with reasons; never later |
| Written reasons, England and Wales | First-tier Tribunal | Within 28 days of the date the decision notice was sent |
| Permission to appeal, England and Wales | First-tier Tribunal | Within 42 days after the latest of the decision notice and the written reasons |
| Leave to appeal, Scotland | Pensions Appeal Tribunal Scotland | Within 6 weeks of the date of the decision |
AFCS and War Pension appeal deadline checker
Indicative only. It applies article 53 of the 2011 scheme order, the tribunal procedure rules for England and Wales, section 8 of the Pensions Appeal Tribunals Act 1943 and the late appeal rules, and counts from the date on the letter. It is not legal advice. Nothing you enter leaves your browser.
Asking for a reconsideration or review
For an AFCS decision, write to Veterans UK asking for a reconsideration. Under article 53 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the request must be in writing, signed by you or on your behalf, and state your grounds, and it must be made within 1 year starting with the date the decision was given or sent to you. GOV.UK says someone who was not involved in the original decision will look at your claim again, and you can include information you did not give when you claimed, about your condition or about how the injury or illness happened.
On a reconsideration, Veterans UK can make a new decision that keeps the original one, or revise it by making an award where there was none, increasing the award or changing the date it becomes payable. A reconsideration decision cannot itself be reconsidered, unless it makes a temporary or interim award, and it must tell you about your right of appeal. The law says the decision must be looked at again before an appeal can proceed: if you appeal without asking, Veterans UK must reconsider it anyway, so GOV.UK says it is a good idea to ask.
For a War Pension Scheme decision, the equivalent step is called a review. Ask Veterans UK to look at the decision again if you think there are facts it may not have known when it decided; GOV.UK says there is no time limit for asking for a review. If you did not get the reasons for a decision and would like an explanation, you can also write and ask.
How to appeal to the tribunal
If you live in England, Wales or overseas and the decision was made on or after 6 April 2023, send form WPAF1 and a copy of your most recent decision letter to the War Pensions and Armed Forces Compensation Chamber, by post or email. Your notice of appeal must be signed and give your name and address, any representative's details, an address for documents, details of the decision you are appealing, including its full reference, and your grounds. For a decision made on or before 5 April 2023, ask Veterans UK for the appeal form and send it back to Veterans UK.
If you live in Scotland, the appeal form must be sent to the Pensions Appeal Tribunal Scotland. In Northern Ireland, the appeal form goes to Veterans UK. GOV.UK says you will receive an acknowledgement within 5 working days; if you do not, check that your appeal arrived.
The tribunal is independent of government. It decides whether your injury was caused or made worse by service and, if it was, can decide your entitlement to a pension or compensation, extra allowances and pension start dates. In England and Wales, the panel is a judge, a medical member and a service member.
Late appeals
In England and Wales, an appeal received after the 12 months must say why it is late. It is treated as made in time if Veterans UK does not object, but no appeal can be made more than 12 months after the end of the normal period, and the tribunal must not extend that limit. In Scotland and Northern Ireland, a late appeal is treated as in time if the Secretary of State does not object; if there is an objection, the tribunal may allow it if that is in the interests of justice, but again no appeal can be brought more than twelve months after the time limit expired. In short, GOV.UK says you cannot appeal against any decision after 2 years.
What happens after you appeal
Veterans UK sends a copy of its response to you, the tribunal and your representative. It contains the evidence used for the decision, such as medical reports you may regard as confidential, and can take several weeks. In Scotland, the tribunal says this statement of case can take 6 months or longer. In England and Wales, you can reply in writing within one month of receiving it and send any other evidence.
Hearings take place by phone, video or in person, with at least 14 days' notice, and you should be given a hearing within 4 months of the tribunal receiving Veterans UK's response. You can go on your own, bring a representative and call a witness; service charities such as the Royal British Legion can represent you. You will usually get the decision on the day, and you may be able to claim expenses for travel in the UK, living expenses and loss of earnings.
If you lose at the tribunal
You can go further only if the decision was wrong for a legal reason, for example if the tribunal did not follow the right procedures, give proper reasons or apply the law properly. In England and Wales, ask for a written statement of reasons within 28 days of the date the decision notice was sent, then apply to the tribunal for permission to appeal to the Upper Tribunal (Administrative Appeals Chamber), identifying the error of law; it must receive your application within 42 days after the later of the decision notice and the written reasons.
In Scotland, apply to the Pensions Appeal Tribunal Scotland first for leave to appeal to the Upper Tribunal, within 6 weeks of the date of the decision. In Northern Ireland, first apply in writing to the tribunal chairman for leave to appeal; AFCS appeals then go to the Pensions Appeal Commissioners.
An AFCS claim does not affect your right to make a civil claim if the Ministry of Defence's negligence caused your injury or illness. A civil claim for personal injury usually has a 3-year time limit, which is different from the AFCS limit of 7 years for making a claim. See military injury claims and claim time limits.
Frequently asked questions
How long do I have to appeal an AFCS decision?
Ask for a reconsideration within 1 year starting with the date of the decision. You then have 12 months to appeal: in England and Wales the tribunal must receive your appeal within 12 months after the date the decision letter was sent. You cannot appeal against any decision after 2 years.
Do I need a reconsideration before an AFCS appeal?
The law says Veterans UK must look at an AFCS decision again before an appeal can proceed. You can appeal without asking, but it will reconsider the decision anyway, so GOV.UK says it is a good idea to ask first.
Can a reconsideration lower my AFCS award?
Under article 53 of the 2011 scheme order, a reconsideration either keeps the original decision or revises it by making an award, increasing it or changing the date it becomes payable.
What if I have missed the 12-month appeal deadline?
Send your appeal with the reasons it is late. It is treated as in time if Veterans UK or the Secretary of State does not object; otherwise the tribunal decides. No appeal can be made more than 12 months after the normal deadline.
Do I need a solicitor for an AFCS appeal?
No. GOV.UK says you do not need a paid representative, and free independent advice is available from the Veterans Welfare Service and service charities, several of which represent people at hearings. Veterans UK cannot meet the cost of paid representation.
Help and official sources
- Veterans UK helpline: 0808 191 4218, [email protected]
- War Pensions and Armed Forces Compensation tribunal: 0300 303 5857, [email protected]
- Pensions Appeal Tribunal Scotland: appeals from people living in Scotland
- Pensions Appeal Tribunal, Northern Ireland: Department of Justice guidance on appeals in Northern Ireland
- Veterans Welfare Service and service charities: free, independent advice and representation
Related guides: military injury claims, PTSD and trauma claims, hearing loss claims, claim time limits and choosing a solicitor.
Official sources used for this guide: GOV.UK: Appeal a War Pension or Armed Forces Compensation decision; GOV.UK: War Pensions and Armed Forces Compensation Tribunal; Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, article 53; Tribunal Procedure (First-tier Tribunal) (War Pensions and Armed Forces Compensation Chamber) Rules 2008, rule 21; Pensions Appeal Tribunals Act 1943, section 8; Pensions Appeal Tribunal Scotland. This guide is general information about the law in the UK, not legal advice; the law can change, so check your own position with a regulated solicitor.