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29 January 2025 | Comment | Article by Francesca Bamsey

Thousands of LGBT+ veterans are set to receive up to £70k in compensation – How to apply?


Written by Senior Associate Francesca Bamsey along with Trainee Solicitor Ffion Morris.

The Government has announced that former LGBT+ military service personnel who were discharged as a result of their sexual orientation can now receive up to £70k in compensation.

This change has been said to follow extensive engagement with LGBT+ campaigns and veterans, as well as a report by Lord Etherton back in 2023, which detailed the decades of assaults, bullying and torment of LGBT+ military personnel.

Homosexuality was decriminalised in the UK in 1967 however, a ban continued in the armed forces until 2000. Former LGBT+ military personnel who were discharged as a result of their sexual orientation can apply to have their rank restored and the discharge reason amended.

The total amount available to service personnel affected will be increased from £50 million to £75 million.

If you, or someone you know, has been affected by this, our specialist Military solicitors are here to help. Please get in touch or telephone 029 2267 5840 to find out more.

Who is eligible?

To eligible for compensation, the applicant must satisfy the following criteria:

  • Have served in HM Armed Forces between 27 July 1967 and 11 January 2000.
  • Has been affected by the Ban on LGBT personnel serving in HM Armed Forces.

How much will be awarded?

Those service personnel who were discharged due to their sexual orientation are set to receive up to £50,000, and additional payments of up to £20,000 will be made for those who were negatively impacted by the ban on LGBT+ personnel between 1967 and 2000. This additional payment is to compensate for those who suffered harassment, were sent to prison or underwent intrusive investigations during the military as a result of their sexual orientation.

The additional amount of compensation will be determined by an independent panel. It has been clarified that any payments made will be exempt from income tax and will not affect any means-tested benefits.

How to apply?

Veterans can apply via the LGBT Financial Recognition Scheme app or by using an official LGBT Financial Recognition Scheme hard copy application form. Veterans are required to call the Veterans UK Helpline, who will be able to provide them with a copy of the application form, together with a return envelope.

Application is a two-step process as outlined below:

Step 1 – initial registration

Apply for a Financial Recognition Payment at Defence Gateway

The link will take them to a Defence Gateway registration form where they will provide information such as their name when in service, their name now (if different), their service number and their email. They will also be asked to confirm that they consent to their personnel records being accessed and verify that they served during the period of the Ban. This information will be reviewed to confirm their identity and service during the period of the ban.

Step 2 – access to the LGBT Financial Recognition Scheme app on the Defence Gateway and completion of the application form

The Financial Recognition Scheme will send the Defence Gateway sign-in details by email. They will need to verify their email address via a link provided in the email. Once signed in to the Defence Gateway, they will be able to access the Financial Recognition Scheme app and start the application form.

The application window will be open for 24 months.

Applicants who are terminally ill or lacking capacity:

The LGBT Financial Recognition Scheme will prioritise applications from applicants who are terminally ill. The applicant will have the opportunity to declare that they have a terminal illness diagnosis when they apply and will need to submit evidence to support this. This could include:

  • a letter from a GP, consultant or other suitably qualified medical professional
  • confirmation that they are in receipt of DWP Special Rules (SR1) allowance
  • a letter from a hospice care provider

If an applicant lacks capacity or is unable to complete the application form themselves, a legal representative may complete and submit the application on the applicant’s behalf.

If you, or someone you know, has been affected by this, our specialist Military solicitors are here to help. Please get in touch or telephone 029 2267 5840 to find out more.

Author bio

Francesca Bamsey

Senior Associate

Francesca Bamsey joined Hugh James in February 2013. Francesca works in the Claimant Litigation Division specialising in industrial injury claims such as hearing loss claims.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

 

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