HL Deb 08 September 2004 vol 664 c624

The power in respect of the provision concerning pensions and other grants for disablement and death due to service made pursuant to section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 (c. 5) (exercise by Order in Council of existing powers relating to benefits for death or disablement through service in the armed forces) may not on any occasion be exercised in any manner which would or might alter either the onus on any person of proof in respect of claims for entitlement to awards as provided for by Article 4(2) or the benefit of reasonable doubt as provided for by Article 5(4) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 1983 (S.I. 1983/883) as appropriate."

The noble Lord said: My Lords, by explanation of my intention not to move this amendment, and in courtesy to the House, it might be thought that my approach in tabling both amendments was one of belt and braces. Certainly the amendment that the House has already so emphatically approved this afternoon—Amendment No. 1—is a robust safeguard of the existing burden of proof; and as I do not wish to detain the House further this evening and can, if necessary, return to the issue at a later stage, the amendment is not moved.

[Amendment No. 15 not moved.]

Lord Redesdale moved Amendment No. 16:

After Clause 6, insert the following new clause"—