Current Rules ‘Breaching Armed Forces Covenant’

Irwin Mitchell’s expert military injury lawyers have backed calls from Lord Richards for an overhaul of the current care system experienced by wounded veterans, which leaves many forced to pay for their own care and rehabilitation.

According to the former Chief of the Defence Staff, the government is currently breaking the military covenant by treated injured servicemen “unfairly”, as many injured before 2005, when the Armed Forces Compensation Scheme (AFCS) was introduced, are paying for their care via their war pensions.

He told The Telegraph that the rules governing the care provided to wounded veterans need to be addressed, as many of those injured serving their country are forced to seek additional compensation to secure the funds they need to access social care.

Lord Richards said: “I believe the current situation represents a breach of the military covenant. We must ensure that our veterans are not disadvantaged for receiving payments they are entitled to.

“It cannot be right to discriminate against an injured veteran in the area of social care. This is an anomaly that could potentially affect over 100,000 veterans. It is unfair and must be addressed.”

Expert Opinion

“The current Armed Forces Compensation Scheme is welcome for many injured service personnel, but those hurt before April 2005 are still forced to use war pensions to pay for the care they need, which it can be argued is breaching the Armed Forces Covenant.

“The principles of the Armed Forces Covenant are shaped by the concept of fairness, but treating service personnel and veterans differently according to when they were injured is unfair.

“It is crucial the current system is looked at and overhauled and we support the Royal British legion in their Insult To Injury campaign calling for a speedy response to an obvious and unfair discrepancy.”
Geraldine McCool - Consultant