§ Lord Morris of Manchester
asked Her Majesty's Government:
Further to the Written Answer by the Lord Bach on 9th April (WA 40–41), whether people who have served in the armed forces should continue to receive the benefit of the reasonable doubt standard of proof, which permits claimants to receive assistance while research is carried out into the cause of any apparent new medical condition. [HL2731]
§ Lord Bach:
Those who have served in the Armed Forces currently receive compensation under two schemes. Under the Armed Forces Pension Scheme, decisions on whether a condition is attributable to service are taken on a balance of probabilities standard of proof. Under the War Pensions Scheme, within seven years of termination of service, the onus is wholly on the Secretary of State to prove beyond reasonable doubt that the disablement was not due to service. Ministers have yet to take a decision on the arrangements for a new compensation scheme but the concerns of the ex-service organisations in this respect are fully understood and will be taken into account.