The importance of time in Armed Forces Compensation Scheme claims

When advising on claims under the Armed Forces Compensation Scheme (AFCS), one principle should always be front of mind: time limits are critical. 

Can you make an AFCS claim while still serving?

It is also important to understand that a claim can be brought while still serving. The AFCS is a non-fault scheme, meaning it is not about blame and does not reflect negatively on the individual bringing the claim. 

There is no requirement to wait until after leaving service, and delaying in doing so can create unnecessary risk where time limits are concerned. Importantly, those time limits apply regardless of whether a person is still serving. They do not only begin once service has ended.

Understanding AFCS claim time limits

The scheme itself is set out in legislation and is made up of a series of rules known as “Articles”. Each Article deals with a specific part of the scheme, including how and when a claim can be brought.

The scheme recognises that not all conditions, particularly mental health conditions, develop in a straightforward way. Different routes therefore exist depending on when and how a condition arises. Identifying the correct one early is essential.

1. Standard Rule: Seven Years from First Presentation or Incident
Under Article 47 of the AFCS Order 2011, a claim must generally be made within 7 years of the earliest relevant date.
This will usually be the earliest of:
•    the date of the incident that caused the injury
•    the date an injury was made worse by service
•    the date of leaving service
•    the date the claimant first sought medical advice for the condition.

Date of incident refers to when the event occurred that caused, or is said to have caused, the injury or condition.

First presentation is not the date of diagnosis, but the earlier point at which the claimant:
•    first reports symptoms
•    first seeks medical attention

This distinction is particularly important in mental health claims. 

Conditions such as PTSD, anxiety or depression may not be formally diagnosed for some time, but time can begin to run from the point symptoms are first recorded, not when a diagnosis is made.

2. Late Onset Claims: Three Years from Diagnosis
The AFCS recognises that some conditions do not arise within the standard timeframe.

Under Article 48, a claim may still be brought where there is a “late onset illness”. This is defined in Article 3 of the AFCS Order 2011 as an illness where the condition was caused, or made worse, by service, but symptoms did not develop within the usual seven-year time limit.

In practical terms, this means:
•    the underlying cause, for example an incident or exposure during service, may have happened years earlier
•    but the claimant did not experience or report any symptoms within the standard timeframe
•    and the illness only becomes apparent at a later stage
In these cases, a claimant has:

Three years from the date of diagnosis, which is distinct from and should not be confused with the earlier reporting of symptoms within the standard seven-year timeframe
This may arise, for example, where a veteran develops symptoms of PTSD several years after leaving service.

3. Exceptional Circumstances: Extension of Time Limits

Even where the time limits under the scheme have expired, Article 49 provides a limited discretion to accept a late claim.
This applies where it was not reasonable for the claim to have been made earlier and there are exceptional circumstances, most commonly:
•    physical incapacity
•    mental incapacity

The key issue is whether that incapacity prevented the claimant from bringing the claim within time. This includes situations where the claimant was not only unable to bring the claim themselves, but also incapable of instructing another person to do so on their behalf within the relevant period.

This is a narrow and discretionary provision. It requires clear supporting evidence and will not be applied simply because a claimant was unaware of the scheme or delayed in seeking advice.

AFCS claims and civil military claims: what’s the difference?

AFCS claims differ from civil military claims, particularly on limitation:

•    AFCS operates under a structured set of rules based on incident, presentation or diagnosis
•    Civil claims generally have a three-year time limit from the date of injury or knowledge.

Civil claims also require proof of negligence, making early advice and evidence gathering essential. While courts can extend time, this is uncertain and should not be relied upon.

Why AFCS claim deadlines matter

The AFCS provides different routes for bringing a claim, but all depend on identifying when time starts to run.

The key message is simple: time matters. Delaying action can have serious consequences.

Seeking advice early, and where appropriate submitting a claim promptly, should not be put off. The longer a claim is left, the greater the risk that it may fall outside the permitted time limits altogether.

In AFCS claims, the real risk is not delay, it is missing the deadline entirely. Time is not infinite, and once it is gone, a claim may be lost. However, even if you feel time limits may have passed, there may be other provisions that apply, and with our specialist expertise in AFCS claims, we are well placed to advise on whether any alternative routes or exceptions may apply to ensure your position is fully explored.

If you are unsure about your position, do not delay in asking questions. The AFCS team at Irwin Mitchell specialises in these claims and is always happy to have an initial discussion to help you understand your options.

Find out more about our expertise at our dedicated AFCS claims section.