JK v Secretary of State for Defence (AFCS): [2025] UKUT 250 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Wikeley on 28 July 2025.
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Judicial Summary
The Appellant made a claim for injury benefit under the Armed Forces Compensation Scheme (AFCS) Order 2011. His relevant conditions were originally assessed at Level 13 and so there was no entitlement to a Guaranteed Income Payment (GIP). Later, following an Article 59 review, his relevant conditions were re-assessed at Level 11, and so GIP became payable. However, Veterans UK decided that GIP was payable only from the end of the Appellant’s (reserve) service as per Article 16(10) and GE v Secretary of State for Defence [2024] UKUT 92 (AAC). The Appellant argued that GE v SSD should be distinguished and Article 64(6) enabled payment of the GIP to commence before the end of his service. The FTT dismissed the Appellant’s appeal, ruling it was bound by GE v SSD (which concerned an Article 64(2)(b) case, not an Article 64(6) case). The Upper Tribunal refused the Appellant’s further appeal.