WFLT and Military Rehabilitation and Compensation Commission (Compensation)

The Administrative Appeals Tribunal (AAT) considered the case of WFLT and the Military Rehabilitation and Compensation Commission (MRCC). The dispute concerned WFLT's entitlement to the Special Forces Disability Allowance (SFDA) as part of his normal weekly earnings for compensation purposes, following injuries sustained during his service in Afghanistan.

The Tribunal was required to determine whether WFLT was entitled to the continuing payment of the SFDA, despite being transferred from a Special Forces unit and subsequently discharged on medical grounds. This involved assessing how his injuries and subsequent career path impacted his eligibility for this allowance, particularly in light of the nature of his service and the provisions of the Military Rehabilitation and Compensation Act 2004 (MRCA).

The Tribunal reasoned that WFLT's service in the Special Forces, including his deployment to Afghanistan where he sustained injuries, qualified him for the SFDA. Despite his subsequent transfer to a division without entitlement to the SFDA and his medical discharge, the Tribunal found that his entitlement to the allowance should continue as part of his normal weekly earnings. The Tribunal acknowledged the unique nature of military service and the severity of injuries sustained in war-like service, adopting a fact-based approach to the application.

The Tribunal set aside the decision under review and substituted its own decision, finding WFLT entitled to the continuing payment of the Special Forces Disability Allowance as part of his normal weekly earnings for the purpose of his compensation payments.