§ Lord Morris of Manchesterasked Her Majesty's Government:
Further to the Written Answers by the Baroness Scotland of Asthal and the Lord Bach on 9 April (WA 26 and WA 40–44), whether their proposal to introduce an across the board balance of probabilities standard of proof in Armed forces compensation arrangements will decrease the number of awards made under those arrangements; and, if so, whether unsuccessful claimants will be forced to apply for assistance through the civil benefits systems. [HL2730]
§ The Parliamentary Under-Secretary of State, Ministry of Defence (Lord Bach)The first objective set for the review of Armed Forces compensation arrangements was to provide a fair deal for all who are injured or killed as a result of service, rather than to look at the particular numbers that might be eligible for compensation. The review team has proposed a balance of probabilities standard of proof—as used in the civil courts—as the best measure of whether an injury or illness was due to service in the Armed Forces. They have included provision for exceptional review where, for example, a condition emerges late or where there is a relevant change in the medical understanding of the causation of an illness. It has also recommended a completely independent channel of appeal to the Pensions Appeals Tribunal where a claimant considers that his or her case has not been properly considered by the department. Ministers are giving careful consideration to whether these proposals will address properly the particular demands of service life and we expect to announce a decision shortly.
For the current scheme and for any new scheme, there will be the normal entitlements to claim state benefits where the department decides that a condition is not due to service and where any appeal is not upheld. Under proposals for the new scheme, welfare support would be provided and could assist any unsuccessful claimant with applying for state benefits.