HC Deb 02 May 1950 vol 474 cc176-7W
83. Mr. Leslie Hale

asked the Minister of Pensions what are the facts that must be established by an applicant for a Service disability pension, medically classified as A.1 on enlistment, and discharged suffering from grave and chronic disease of medically unknown origin.

Mr. Marquand

In such a case the disablement must be presumed to be due to service unless the evidence shows to the contrary. In addition there is no onus on the applicant to prove his claim and he is to be given the benefit of any reasonable doubt. Where the cause of a disease is unknown, the question is whether the known circumstances in which the disease arises and develops are sufficient to rebut the presumption. As the hon. Member is aware, the kind of evidence required to rebut the presumption has been clearly defined by judgments given in the High Court and the Court of Session.