If you have been injured during military service, you can apply to the Armed Forces Compensation Scheme (AFCS) for a tax-free lump sum and, for serious injuries, a guaranteed income payment (GIP) for life. The AFCS is a no-fault scheme — you do not need to prove negligence. In some cases, you may also have a separate civil negligence claim against the Ministry of Defence, which can result in higher compensation. Combat immunity prevents civil claims for injuries caused by decisions in active combat, but it does not apply to training accidents or equipment failures outside operations.
Service personnel and veterans face unique risks and unique legal routes. Whether your injury happened in training, on deployment, in barracks, or through exposure to harmful conditions, this guide explains your options. We are an independent information service, not a law firm.
The Armed Forces Compensation Scheme
The AFCS, established under the Armed Forces (Pensions and Compensation) Act 2004, covers injuries, illnesses and deaths attributable to service on or after 6 April 2005. (For injuries before that date, the older War Pension Scheme may apply.) Key features:
- No-fault: you do not need to prove the MOD was negligent
- Tariff-based: injuries are classified into tariff levels (1 to 15), with lump sums ranging from the lowest level to substantial sums for the most catastrophic injuries
- Guaranteed income payment (GIP): for injuries at tariff levels 1–11, a tax-free, index-linked income for life
- Tax-free: all AFCS payments are exempt from income tax
- Free to apply: no fee, no solicitor required (though one can help)
Civil claims against the MOD
A civil negligence claim is separate from the AFCS and can be brought where the MOD or fellow service personnel were at fault. Civil claims can award higher compensation because they cover full loss of earnings, care costs, medical treatment and other heads of damage that the AFCS tariff does not address. Examples where civil claims succeed:
- Training accidents — unsafe training exercises, inadequate supervision, defective equipment
- Vehicle accidents — road traffic accidents involving military vehicles
- Equipment failures — defective body armour, vehicles, weapons or protective equipment
- Hearing damage — inadequate hearing protection during weapons training or exercises
- Medical negligence — substandard medical care at military hospitals or in the field
- Exposure claims — asbestos, toxic chemicals, radiation
Combat immunity
Combat immunity is a common law doctrine that prevents civil negligence claims for injuries caused by acts or decisions made in the course of active combat operations. The rationale is that decisions in battle cannot fairly be judged against peacetime negligence standards.
Combat immunity does not apply to:
- Training accidents
- Barracks or base injuries
- Equipment procurement failures (where decisions were made outside the theatre of combat)
- Negligent medical treatment
- Post-deployment care failures
The scope of combat immunity has been considered in several cases, including Smith v Ministry of Defence [2013] UKSC 41, where the Supreme Court held that the doctrine does not provide blanket immunity for all operational decisions.
Time limits
| Route | Time limit | Notes |
|---|---|---|
| AFCS | 7 years from injury or onset | Veterans UK has discretion to accept late claims |
| Civil claim vs MOD | 3 years (Limitation Act 1980) | Date of knowledge rule may apply for delayed conditions (e.g. hearing loss, PTSD) |
| War Pension Scheme (pre-April 2005) | No strict time limit but apply promptly | For injuries attributable to service before 6 April 2005 |
How to apply to the AFCS
- Download the AFCS claim form from GOV.UK or request it from Veterans UK
- Complete the form with details of your injury, illness or condition and how it relates to service
- Provide supporting medical evidence (service medical records, GP records, specialist reports)
- Submit to Veterans UK, which will assess the claim and make a decision
- If you disagree with the decision, you can request a reconsideration and then appeal to the First-tier Tribunal (War Pensions and Armed Forces Compensation Chamber)
Frequently asked questions
What is the Armed Forces Compensation Scheme (AFCS)?
The AFCS is a no-fault government compensation scheme for members of the UK Armed Forces who are injured or become ill as a result of service on or after 6 April 2005. It provides tax-free lump sums based on a tariff of injuries, and for the most serious injuries, a guaranteed income payment (GIP) for life. You do not need to prove negligence.
Can I also bring a civil claim against the MOD?
Yes, in some cases. If the MOD or a fellow service member was negligent, you can bring a civil personal injury claim alongside or instead of an AFCS claim. Civil claims can result in higher compensation because they include full loss of earnings and other heads of damage not covered by the AFCS tariff. However, combat immunity may apply to injuries sustained in active combat operations.
What is combat immunity?
Combat immunity is a common law doctrine that prevents civil claims against the MOD for injuries caused by acts or decisions made in the course of active combat operations. It recognises that decisions in battle cannot be judged by peacetime negligence standards. It does not apply to training accidents, barracks injuries, equipment failures outside combat, or negligent medical treatment.
What is the time limit for an AFCS claim?
AFCS claims should normally be made within seven years of the injury or onset of illness, though Veterans UK has discretion to accept late claims in certain circumstances. For a separate civil claim against the MOD, the standard three-year limitation period under the Limitation Act 1980 applies, with possible extensions for date of knowledge.
How do I apply to the AFCS?
You apply to Veterans UK (part of the MOD) using the AFCS claim form, which is available on GOV.UK. You can apply while still serving or after leaving. You do not need a solicitor to apply, though one can help if your claim is complex or if you want to appeal a decision. The process is free.
Can I claim for PTSD through the AFCS?
Yes. Mental health conditions including PTSD, depression and anxiety are covered by the AFCS tariff. The amount depends on the severity and prognosis. You will need medical evidence, usually a psychiatric report. Many veterans claim for both physical and mental health conditions arising from the same service.
Get help from official, free sources
- Veterans UK (GOV.UK) — AFCS claim forms and guidance
- The Royal British Legion — free advice and support for veterans
- SSAFA — armed forces charity providing welfare support
- Solicitors Regulation Authority (SRA) — check a solicitor is regulated
Related guides: how to make a claim, how compensation works, PTSD and trauma claims, hearing loss claims, and time limits.