AFCS Tribunal won......

#1
Hi,

Please accept my apologies if this has already been addressed (but I can't find it). The tribunal recently found in my favour for an award for permanent PTSD. They awarded me from level 10 (suffering upto 5 years) to level 9 (Permanent moderate functional limitation) , but this was from a tariff table from 2011/12 I think. My question is, on all the recent tariff tables for mental disorder, there isn't a level 9, only level 8 & 6 above the level 10 I was already on, so will they award at level 9, or go to level 8 in the newer version of the tariff table? so confusing as also there is a big difference in GIP between 9 (30%) & 8 (50%)

Many Thanks
 
#2
There is still a level 9 available on the tariff table, so you’ll receive £40k and your 30% GIP.

My injuries didn’t conform to a particular tariff, they awarded me level 1.
 
#4
Thanks...dingerr, Thats what I'm thinking, but as its a mental disorder and level 9 used to be in that years ago, but isn't now, its only level 6 & 8 that are above my current level 10......as if i was to be awarded permanent moderate now, today in a new claim, it would sit at level 8??.....there isn't a level 9 for mental disorder on the current mental disorder descriptor ....attached is the most current tariff table....
 

Attachments

#6
this one is the tariff table they went off in the tribunal....... however I understand that after the Boyce review, payments were increased on the tariff levels for mental disorder. As you can see in the new one Item 1 is now level 6 and in the old one they went of Item 1 is level 8.....They awarded me table 3, item 2 (level 9 which could now be level 8.....only took best part of 8 years to get to this resolution, but happy I endured all the difficulties that arise with VeteransUK and got he outcome I deserved....
 
#8
I believe they are supposed to use the AFCS legislation (inc the tables) that were in use at the time of your claim.

Check with TRBL or whoever you had representing you.
 
#9
I believe they are supposed to use the AFCS legislation (inc the tables) that were in use at the time of your claim.

Check with TRBL or whoever you had representing you.
That will be it, legislation is not retrospective.
 
#10
Thanks....will check with him, so confusing, but the way I currently see it is, after the Boyce review, 9 & 8 of the old tariff, were to be replaced by 8 & 6 in the new tariff as he believed the injury deserved a larger amount, which would then replace the old tariff (as if it never existed)?...as with my physical injuries, I received an an extra lump some which took the amount paid for my tariff level up due to the Boyce review, and if that was the case, they could have kept it at the level amount they initially paid out.....
That’s it, I’m done, I’m even starting to confuse myself....lol
 
#11
Thankfully with no experience, one would wonder, if they were a cynic, that the chopping and changing of 1 to 10 and 6 and 8, but no 7, which equates to the old 1 and 2, but not 3 and 4 , but 5 is still included, but is now the equivalent of 7, was introduced to confuse people and save the MOD money.

Mind you'd have to be a cynic.
 

Similar threads

Latest Threads

Top