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MoD seeks to cut soldiers' payout MoD seeks to cut soldiers' payout
(10 minutes later)
The Ministry of Defence will go to the Court of Appeal later to try to significantly reduce the compensation awarded to two injured soldiers.The Ministry of Defence will go to the Court of Appeal later to try to significantly reduce the compensation awarded to two injured soldiers.
One, who was shot in the leg in Iraq, received £46,000, while the other, injured in training, got £28,750.One, who was shot in the leg in Iraq, received £46,000, while the other, injured in training, got £28,750.
Both had their payouts increased due to complications, but the MoD is arguing that they should only be compensated for their "original injuries".Both had their payouts increased due to complications, but the MoD is arguing that they should only be compensated for their "original injuries".
The stance has attracted criticism amid mounting casualties in Afghanistan.The stance has attracted criticism amid mounting casualties in Afghanistan.
The court appeal comes after two more soldiers were killed in Helmand province, bringing the total number of UK fatalities since operations began in Afghanistan in 2001 to 191.The court appeal comes after two more soldiers were killed in Helmand province, bringing the total number of UK fatalities since operations began in Afghanistan in 2001 to 191.
'Key principle''Key principle'
Military officials said on Monday that the first phase of a major offensive - Operation Panther's Claw - had been completed in Helmand.Military officials said on Monday that the first phase of a major offensive - Operation Panther's Claw - had been completed in Helmand.
The injured soldiers were initially awarded £9,250 and £8,250 respectively, but they appealed to a tribunal to have those sums increased.The injured soldiers were initially awarded £9,250 and £8,250 respectively, but they appealed to a tribunal to have those sums increased.
Both men argued they had suffered a number of subsequent health problems during their treatment and that these should not be regarded as separate from their original injuries.Both men argued they had suffered a number of subsequent health problems during their treatment and that these should not be regarded as separate from their original injuries.
They don't understand how people feel about our troops, says Diane DernieThey don't understand how people feel about our troops, says Diane Dernie
Three judges agreed with them and increased their compensation, but the MoD is now seeking to overturn that ruling.Three judges agreed with them and increased their compensation, but the MoD is now seeking to overturn that ruling.
It claims it is trying "to clarify an earlier judgment about how the armed forces compensation scheme is administered, and to protect the key principle of the scheme: the most compensation for the most seriously injured".It claims it is trying "to clarify an earlier judgment about how the armed forces compensation scheme is administered, and to protect the key principle of the scheme: the most compensation for the most seriously injured".
Simon Weston, who suffered horrific burns in the Falklands conflict, told BBC Radio 4's Today programme the compensation system was "incredibly flawed".Simon Weston, who suffered horrific burns in the Falklands conflict, told BBC Radio 4's Today programme the compensation system was "incredibly flawed".
A lot of service personnel with the worst injuries "will never work again or will always have problems", he said.A lot of service personnel with the worst injuries "will never work again or will always have problems", he said.
"What we need to understand is that this large sum of money is not so they can go on jollies and go on holidays and buy nice flash cars."What we need to understand is that this large sum of money is not so they can go on jollies and go on holidays and buy nice flash cars.
"This means that they're buying a home, they will be subsidising their own care because they won't be given a huge amount by the state."This means that they're buying a home, they will be subsidising their own care because they won't be given a huge amount by the state.
The government is obliged to test the principles to get absolute clarity on what appropriate levels of payment should be made Eric Joyce, MP for FalkirkThe government is obliged to test the principles to get absolute clarity on what appropriate levels of payment should be made Eric Joyce, MP for Falkirk
"These guys are using that money to live not to exist. It seems petty to be revising the small amount of money.""These guys are using that money to live not to exist. It seems petty to be revising the small amount of money."
Eric Joyce, the Labour MP for Falkirk who served in the Army, said the appeal would clarify rules on compensation.Eric Joyce, the Labour MP for Falkirk who served in the Army, said the appeal would clarify rules on compensation.
"The important thing from the Ministry of Defence's point of view, and indeed the Treasury's, is that you get absolute clarity on what these awards ought to be," he said."The important thing from the Ministry of Defence's point of view, and indeed the Treasury's, is that you get absolute clarity on what these awards ought to be," he said.
"These things have to be done - it has to be taken through the full legal process.""These things have to be done - it has to be taken through the full legal process."
A review of the compensation scheme is currently being carried out by the MoD following a number of appeals from, or on behalf of, former servicemen.A review of the compensation scheme is currently being carried out by the MoD following a number of appeals from, or on behalf of, former servicemen.
One of the most high-profile came from the mother of Lance Bombardier Ben Parkinson, who lost both legs and suffered severe brain damage in Afghanistan. One of the most high-profile came from Diane Dernie, the mother of Lance Bombardier Ben Parkinson, who lost both legs and suffered severe brain damage in Afghanistan.
Initially he received just £152,000, but following widespread criticism that was increased.Initially he received just £152,000, but following widespread criticism that was increased.
The MoD points out that it has doubled the maximum lump sum payment to £570,000 for the most severely injured soldiers, in addition to an index-linked monthly income for life.The MoD points out that it has doubled the maximum lump sum payment to £570,000 for the most severely injured soldiers, in addition to an index-linked monthly income for life.


Should soldiers only be compensated for their "original injuries"? Are you a soldier? Have you been awarded compensation for your injuries? Send us your comments by filling in the form below.Should soldiers only be compensated for their "original injuries"? Are you a soldier? Have you been awarded compensation for your injuries? Send us your comments by filling in the form below.
The BBC may edit your comments and not all emails will be published. Your comments may be published on any BBC media worldwide. Terms & ConditionsThe BBC may edit your comments and not all emails will be published. Your comments may be published on any BBC media worldwide. Terms & Conditions