RNID: For deaf and hard of hearing people.

factsheet iconBenefits and services factsheet

About this factsheet

This factsheet is part of our benefits range. You will find it useful if you are deaf or have a hearing loss as a result of military service. We use the term 'deaf' throughout to refer to all types of hearing loss.

Read this factsheet to find out:

What is the Armed Forces Compensation Scheme?

The scheme started on 6 April 2005 and applies to people injured, disabled or killed while serving in the armed forces on or after 6 April 2005. This includes the Royal Navy, Royal Marines, Royal Air Force and the regular army. Members of the reserve forces and their dependants are also eligible.

The Veterans Agency (VA) manages the scheme. The agency arranges financial compensation and an income if you have been seriously injured or disabled while serving in the armed forces.

How does the scheme affect me if I already have a War Disablement Pension?

If you receive a War Disablement Pension (for an injury or disablement that occurred before 6 April 2005) this new scheme will not affect you. Your existing war pension will continue to be paid by the VA and updated each year.

If you have not yet claimed but your deafness (or any other disability) was caused by service before 6 April 2005, then you can still claim a war disablement pension. Your claim will be assessed under the old rules. For more information, see our factsheet on War Pensions.

Overview of the scheme

The Armed Forces Compensation Scheme operates on a 'no fault' basis. This means you don't have to show negligence by the forces to make a claim. If you feel there has been negligence, you can still make a civil claim against the Ministry of Defence as your employer. However, any payment made by the compensation scheme may be taken into account when calculating the civil compensation award. You will need to take legal advice if you are considering a civil claim.

Injuries or disablements caused by service will be assessed under the scheme and placed in a scale of severity (a tariff) from 1 to 15 (with 1 being the most severe). A non-taxable lump sum will be paid for all listed injuries, as compensation for pain and suffering. You can claim a lump sum even if you remain in the services.

For more serious injuries or illnesses (tariff level 1 to 11), a Guaranteed Income Payment (GIP) will be assessed and paid regularly. The amount will be calculated based on your salary in the forces, your age and how severe your condition is. The GIP is non-taxable, but will only be paid after you leave the service, read more about Guaranteed Income Payment later on.

Can I claim if I am deaf?

You can claim if your deafness is the result of military service or has been worsened by military service since 6 April 2005. Your deafness does not have to be caused by active service or combat for you to qualify. If your hearing loss was caused by, for example, an injury sustained on a military base, or by an ear infection linked to service, you can still claim.

  • The tariff is a list of injuries and disabilities. Different levels of hearing loss are defined in it, and they range from severity level 6 to 14. Total 'deafness in both ears' ranks on a scale of 6 in the tariff. Total deafness is defined as a "bilateral average hearing threshold level of 90dB or more averaged over 1, 2 and 3 Khz… using quality assured pure tone audiometry".
  • Bilateral permanent hearing loss of more than 75dB with severe persistent tinnitus ranks as a 9.
  • Bilateral permanent hearing loss of between 50-75dB with mild or no tinnitus scores 13.
  • A blast injury to ears (with no mention of permanent hearing loss) scores 14.

How do I make a claim?

If you are invalided out of the services through injury, your claim under the compensation scheme will be automatically assessed. Otherwise you will need to fill in a claim form. You can download one from the VA. Most ex-service organisations will also help you with completing your claim form.

Is there a time limit for claiming?

You must claim within five years from the day:

  • the injury occurred   
  • your condition was made worse by service
  • you first sought medical advice for an illness contracted through service
  • after retirement or when you leave the services, whichever is the earlier.

The scheme covers a number of "late onset illnesses" where a condition may be linked to service but only presents itself clinically after many years or decades. The time limit for claiming is one year from when a late onset illness is first diagnosed. The government does not accept that hearing loss falls into this category. However, RNID and other charities have campaigned for hearing loss claims to be accepted under the late onset illness rules.

How is my claim decided?

  1. The VA will get details about your service and the incident that you say has caused your hearing loss.
  2. Once this is confirmed, your case will be given to a VA doctor.
  3. The doctor will assess you. This will include a hearing test to measure your level of deafness. The results will be recorded as an audiogram.
  4. The doctor will look at your audiogram and other medical information on your file to decide if your deafness is the result of your military service. The doctor will not be able to take into account any hearing loss due to other causes or any hearing loss that has happened since your military service.
  5. Once the doctor has decided that your deafness was caused by service they will say where your degree of hearing loss falls on the tariff.

Will my award be reviewed regularly?

No, the VA says it aims to make full and final decisions with no regular review procedure. The tariff descriptions of each disability are designed to take into account the normal expected deterioration of a condition. However, if your condition is not stable, and it is not clear where on the tariff your condition should be placed, the agency can make a provisional award for up to two years. Your award will be reconsidered after this time and a final award will then be made. 

You can apply for an award to be reviewed up to 10 years after it was made, but you have to show that there has been an "unexpected or exceptional" worsening in your condition.

How is my Guaranteed Income Payment calculated?

The Guaranteed Income Payment (GIP) is calculated by multiplying your pensionable pay in the service by a factor based on your age. The younger you are, the higher the factor.

If your injury is assessed as tariff level: 

  • 1-4 (band A) you will receive 100% of the maximum GIP
  • 5-6 (band B) 75% of the maximum GIP 
  • 7-8 (band C) 50% of the maximum GIP
  • 9-11 (band D) 25% of the maximum GIP.

Can I claim benefits as well as my GIP?

Yes. You will be able to claim other social security benefits such as Disability Living Allowance or Attendance Allowance based on your disability. You can also claim Incapacity Benefit if you are incapable of work because of illness or disability, or Jobseeker's Allowance if you are looking for work.

Do I have to pay national insurance contributions to get a compensation scheme payment?

No. All scheme payments are non-contributory, which means that you do not need to have paid national insurance contributions to get them.

Is a compensation scheme payment means-tested?

No. Your level of income or savings does not affect your claim.

How does a compensation scheme payment affect my other benefits?

If you get a compensation scheme payment it may affect your other social security benefits:

  • Your lump sum payment will be considered as capital in the calculation of means-tested benefits (Income Support, Jobseeker's Allowance, Working Tax Credit, Child Tax Credit, Housing Benefit and Council Tax Benefit) and may reduce the amount of benefit you are entitled to. However if you (or your partner) are over the age of 60 the value of the lump sum will not count as capital if you claim Pension Credit. 
  • Your Incapacity Benefit may be reduced if you receive an occupational pension (or GIP) of more than £85 per week.
  • A GIP can be paid in addition to means-tested benefits, such as Income Support, Jobseeker's Allowance, Pension Credit, Working Tax Credit, Child Tax Credit, Housing Benefit and Council Tax Benefit. The first £10 of your GIP is not counted as income when calculating means-tested benefits. Some local authorities may disregard the full value of your GIP when working out your Housing Benefit and Council Tax Benefit. Seek advice if your GIP reduces the amount of Housing Benefit or Council Tax Benefit you receive. 

What if I disagree with a decision?

Reconsideration

If you disagree with the decision on your claim, you can ask for it to be reconsidered by a different adjudicator within the VA. It may be a good idea to present extra information about your condition at this time such as additional medical information from your consultant or specialist. You have three months from the date of decision to ask your claim to be reconsidered. You do not have to ask for a reconsideration before making an appeal.

Appeals

You have the right to appeal to an independent pensions appeal tribunal. This is made up of three people – a legally qualified chair, a doctor and an ex-service person. You have six months from the date of a decision to make an appeal (this can be extended to one year in certain circumstances).

If you disagree with the tribunal's decision, you can appeal to the social security commissioner. Leave to appeal (permission) will only be granted if you can show that the tribunal made an 'error of law'.

In any case, when you are challenging a compensation scheme decision you should get specialist advice from an ex-service organisation such as the Royal British Legion (external link, opens new browser window) or an advice centre.

What is priority health treatment for veterans?

In 1953, hospitals run by the Ministry of Pensions for the treatment of war pensioners were transferred to the NHS. The government at the time gave an undertaking that there would be priority examination and treatment for war pensioners in NHS hospitals. However, this was only "for the condition or conditions for which the war pensioners received a pension or gratuity."

However, as a result of our campaign for deafened veterans, the veterans' minister, Derek Twigg, announced in parliament in June 2007 that priority treatment now applies to all medical conditions due to service, "irrespective of whether they result in a pension." For more information, see our factsheet "War Pensions and priority health treatment for veterans (opens new browser window)".

Where can I get further information?

Royal British Legion

Royal British Legion Scotland

Veterans Agency

War Pensioners' Welfare Service (WPWS)

Further information from RNID

Our Information Line offers a wide range of information on many aspects of deafness and hearing loss. Contact us for further copies of this factsheet and our full range of information factsheets and leaflets.

RNID Information Line

19-23 Featherstone Street, London EC1Y 8SL
Telephone: 0808 808 0123
Textphone: 0808 808 9000
Fax: 020 7296 8199
RNID Information Line