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Written question asked by Lord Moynihan (Conservative) on Tuesday, 15 March 2022, in the House of Lords. It was due for an answer on Tuesday, 29 March 2022. It was answered by Baroness Goldie (Conservative) on Tuesday, 29 March 2022 on behalf of the Ministry of Defence.

Armed Forces Compensation Scheme

Question

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.

Answer

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.

Secondary information

Type
Written question
Reference
HL6988
Session
2021-22
Grouped for answer
Yes
Subjects
Injuries Payments Negligence Armed forces compensation scheme
Link
View this Written question on www.parliament.uk